Progressive Projected Sold Adjustments Class Action Lawsuit Overview:
- Who: Yeshonda Driggins filed a class action lawsuit against Progressive Advanced Insurance Company.
- Why: Driggins claims Progressive undervalues totaled vehicles by using deceptive valuation reports containing “projected sold adjustments.”
- Where: The class action lawsuit was filed in Pennsylvania.
Progressive Advanced Insurance Company uses deceptive valuation reports to underpay customers whose vehicles are totaled, a new class action lawsuit alleges.
Plaintiff Yeshonda Driggins claims Progressive uses valuation reports by Mitchell International, Inc. that apply “projected sold adjustments” that are “contrary to appraisal standards and methodologies” and not “based in fact.”
Driggins claims Progressive promises customers it will reimburse them for the cash value of their vehicle if it is deemed a total loss and that it has an obligation to do so.
“Defendant has a duty to pay, and represent that they will pay, the actual cash value of a loss vehicle when adjusting total loss claims,” the class action lawsuit states.
Driggins claims Progressive “fails to fulfill its obligation” to its customers by using valuation reports prepared with projected sold adjustments that undervalue their totaled vehicles to pay them less for reimbursement.
Progressive Gets Valuation Reports That Are ‘Not Based On Fact’
The projected sold adjustments used by Mitchell in its valuation reports are not “based on fact,” Driggins argues, and are “contrary to the used car industry’s market pricing and inventory management practices.”
“The adjustment is applied to each of the comparable vehicles on top of adjustments for differences such as mileage, options and equipment,” the class action lawsuit states.
Driggins claims there is little explanation given for the projected sold adjustment aside from a statement that says the value reduction is in place to “reflect consumer purchasing behavior.”
Further, Driggins argues that, in the event of a disagreement over the value of the totaled vehicle, both parties must hire an independent appraiser at their own expense, which she says often costs more than the disparity to begin with.
“The Policy is an unconscionable contract that was unilaterally drafted by Defendant with full knowledge of the unfair scheme it intended to employ to artificially reduce the value of its insured’s vehicles,” the class action lawsuit states.
Driggins claims Progressive is guilty of unjust enrichment, breach of contract and breach of covenant of good faith or fair dealing and in violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law.
Driggins wants to represent a Pennsylvania class of Progressive customers who received compensation for a totaled vehicle that was based on a Mitchell valuation report that used a projected sold adjustment.
Plaintiff is demanding a jury trial and requesting injunctive relief along with actual, compensatory, statutory and punitive damages for themselves and all class members.
A similar class action lawsuit was filed against Progressive last October by two policyholders claiming the insurer uses projected sold adjustments to decrease the value of totaled vehicles.
Have you received compensation for a totaled vehicle from Progressive that used a Mitchell valuation report to determine its cash value? Let us know in the comments!
The plaintiff is represented by Jonathan M. Jagher of Freed Kanner London & Millen LLC, Andrew J. Shamis of Shamis & Gentile, P.A. and Scott Edelsberg and Christopher Gold of Edelsberg Law, P.A.
The Progressive Projected Sold Adjustments Class Action Lawsuit is Driggins v. Progressive Advanced Insurance Company., Case No. 2:22-cv-01065, in the U.S. District Court for the Eastern District of Pennsylvania.
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37 thoughts onProgressive Class Action Claims Insurer Undervalues Totaled Vehicles
Car totaled in August 2024. I received total lass valuation from Progressive/Mitchell, it also contains the same “projected sold adjustments” described in the initial PA lawsuit to devalue the comps used to provide the value for my totaled car. ALSO, the mileage listed in the Mitchell valuation for my car is 15k higher than actual. I have proof from copart pictures of my odometer. Had I not searched for my totaled car on copart auction sites I wouldn’t have discovered this egregious error on the part of Progressive/Mitchell which likely devalued my car by approx $1000. Still in the process of negotiating w Progressive about the misrepresented mileage.
I was in a hit and run, and when I called to make a claim they said it was a total loss vehicle and they would come pick it up tomorrow. I was shocked! No one had even looked at the damage yet, how would they know. The car is running and drive able. I’m in the process of getting them to assess the damages before they consider it a loss and offer me nothing for it. But they stopped calling me back, and deleted my claim. I would like to join this suit
I am currently negotiating the value of the totaled car. I can only validate one car in their data. That is the car that was totaled. The value in the Mitchell report is wrong.
Please add vehicle was totaled out in 2017 and I ended up having to pay out of pocket for some of the money in Progressive adjust for
Progressive totalled my car. I received the form to join the law suit but have heard nothing. Please send me the information I need. Im in Jacksonville Florida.