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Progressive Claims Class Action Lawsuit Overview:
- Who: A policyholder has lodged a class action lawsuit against Progressive Mountain Insurance Company and Mitchell International, Inc.
- Why: The plaintiffs claim Progressive applies baseless adjustments to decrease the value determination for vehicles deemed a total loss.
- Where: The class action lawsuit is pending in a Georgia federal court.
Insurance provider Progressive conspired with the company that values its automobile property damage loss claims to illegally decrease the amount it pays its policyholders for vehicles deemed total losses, a new class action lawsuit alleges.
Plaintiff Keddrick Brown filed the class action complaint against Progressive Mountain Insurance Company and Mitchell International, Inc. Oct. 11 in a Georgia federal court, alleging the companies made arbitrary deductions when assessing claims for totaled vehicles.
Brown says, when Progressive is assessing a claim for a vehicle deemed a “total loss,” it sends the claim to Mitchell, which then sends back a valuation report with deductions to the value of the car which are “arbitrary and unexplained.”
Specifically, Mitchell makes what it calls a “Project Sold Adjustment” deduction. First, it looks at the comparable prices to replace a car of that make and model. And then it reduces the amount a policyholder is to get in its unexplained “Project Sold Adjustment.”
When looking at the fine print of the report, Brown says he realized the deduction was an adjustment made “to reflect consumer purchasing behavior (negotiating a different price than the listed price).”
Brown argues that Mitchell should not be allowed to simply reduce the price he and others are paid out by estimating how much would be taken off the value of the car through people trying to negotiate the price down.
In his case, Mitchell and Progressive reduced the amount he was paid out after his 2014 Dodge Charger was totaled in May 2021 by $830.50. The payout was reduced due to Mitchell’s “arbitrary” Project Sold Adjustment, he says.
“By aiding Progressive’s violation of Georgia law and its breach of its contractual duties with its insureds, Mitchell has interfered with the contractual relationship between Progressive and Progressive’s insureds and has engaged in a civil conspiracy with Progressive to artificially reduce the claims payments to Progressive insureds.
He’s looking to represent anyone living in Georgia who made a total loss claim with Progressive in the past six years. Brown is suing for breach of contract and interference with contractual relations, and seeking certification of the class action damages, an injunction, and a jury trial.
This case follows another similar case filed in Pennsylvania this week. In that case, Progressive is accused of systematically lowering the cash value of loss vehicles in Pennsylvania by applying erroneous adjustments in order to pay less for total loss claims.
Are you a policyholder who has had a “Projected Sold Adjustment” applied to your Progressive claim for a total loss vehicle? Let us know in the comments!
The plaintiff is represented by R. Brent Irby of Irby Law, LLC and William Greg Dobson of Lober & Dobson, LLC.
The Progressive Mountain Insurance Total Loss Adjustments Class Action Lawsuit is Keddrick Brown et al., v. Progressive Mountain Insurance Company, Case No. 3:21-cv-00175-TCB, in the U.S. District Court for the Northern District of Georgia.
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51 thoughts onProgressive Schemed With Mitchell to Reduce Payouts for Total Loss Cars, Class Action Alleges
Would not accept my submission saying was not close enough yet was closer then ones picked by Mitchell’s being a sedan and it choose 2 coupes. Then it was said that could not be over 150miles a when looked up theirs it was 153 miles. It gave me all kinds standards which it did not apply to it’s self. At the moment start was 1940$ keep car, & 3100$ turn over. Well after 7 months of arguing it’s went from 1940$ -3700$ keep & 5059$ turn over a 2000$ difference now tell me they arnt ripping people off even lied to the idoi and said best solutions done the evaul..do not trust either of them
Progressive’s Workcenter Total Loss determination is using two vehicles, one that was sold over 3 months ago and the other is a convertible and automatic transmission (which my car was neither) and then they are reducing the cost even more. I provided four+ vehicles on the market now that are much closer match and they denied all of the for “product selection” even though the ones I provided are much closer in mileage and specifications. I don’t know what to do. I tried to escalate but no one is responding to me. They told me to get my own 3rd party evaluation but i know they would just deny it. They say Workcenter is a third party unbiased company but they work for progressive so how can that be?
Going through this right now might progressive here in Nebraska. Please give me a call.
Please contact me about my total loss from July 2022. Progressive low balled me and now raising my rates for that non fault accident.
Currently going through the Progressive nightmare. My truck was totaled, they are giving me low numbers. Today I was told “”if we cannot find agreement, Progressive will issue you the owner-retention amount for the vehicle and have the vehicle towed back to your residence, and consider the issue closed. I hope we can settle this soon before I have to resort to that step.” Wow! And I was never given a “deadline” as to “we need to get this settled by a certain date”.
If someone could contact me, that would be great.