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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
Same situation here in Oklahoma, they maliciously select lowest priced cars on the market , disregarding the cars conditions and then lower the values further on based on their negotiation assumption, and on top of that substracting even more for your minor imperfections of your car. they dismiss any evidence you bring to their attention with ridiculous arguments. it is terrible , this class law suit needs to go national, not just by state. please expand your area and let us all join the cause. I am going through a dispute right now. My only hope is the small claim court, but that would be hard to win by myself.
I am going through this as well for almost a year. They are totally off on the value of my vehicle.
I’m NY and would like to be included in this class action suit. I’m currently going through this with progressive/ Mitchelle. My 2018 Jeep Grand Cherokee was deemed a total loss. When reading the fine print on my estimate/ repairs sheet the adjuster that examined my vehicle listed a much higher number than what is actually on the odometer . He also listed the car in fair condition, which is crazy. The car is 4 yrs old was in great shape prior to the accident had absolutely no body damaged / dents or rust and was free of any mechanical issues. When I confronted progressive claim representative he said that adjuster didn’t have the vehicles keys to turn the vehicle on , so my question was why did he put down a number for the actual mileage on a document report?? That’s fraud!!! Plus now they are claiming they do not have the vehicles keys , which I left in the vehicle the day of the accident in case the tow truck/ insurance company needed them. I do not feel comfortable or confident with this adjuster from Mitchelle that he will give a fair assessment of my vehicle and pay the actual fair market value.
I am going through this right now. I would like to join in TN
I’m in Tennessee an going through this right now my car was totalled 2 weeks ago an they are trying to give me 2000 less than what its even worth. How do I join in Tennessee??
I just recently had a settlement with Progressive and Mitchell. They took the reimbursement off two like cars which they only gave 1800 for. I complained they admitted fault but still only gave me $500. The values of my cars are average $4325 per JD Powers.
Plus I had to pay $1000 to get the car home and I was not compensated for that.
Currently going through the same nightmare with Progressive in Denver Colorado – – – undervaluing the actual replacement value of my Toyota 4Runner by half.
If there is a class action suit in Colorado, let me know!!
I’m in Louisiana, just found out about this when I looked in the mailbox of my rent house, check been there since August for $2700. It’s ashame I lost my hot shot business because of this. I couldn’t find another dually truck compatible to mine because they short changed me.
I live in Mississippi. I am currently going through this process with progressive. I have not settled with Progressive as of yet. They have tried to get me to sign over my title. They used the Mitchell WorkCenter total loss to valuate my 2017 Honda Accord EX-L. They totaled my car. Mitchell used the Projected Sold Adjustment to lower the vehicle base pay. They used vehicles well out side a 50 mile radius. They also used an unknown formula for mileage deduction. I noticed a pattern. They are trying to get to a value that would allow progressive to total your vehicle according to your state allowance. In Mississippi, your damages have to be 70% of the value to be considered a total loss. I have asked Progressive for an independent appraiser to appraise my vehicle. They have to pay for it in most policies. Depending on what your vehicle is worth it might make sense to pay for an independent appraisal even if they will not. My adjuster has not responded to my calls or emails. I heard from the progressive appraiser by phone. I have asked them in writing to answer my questions in writing. I am also going to report them to the Better Business Bureau and My State Attorney General Office and The State Insurance Commissioner. If there is a Mississippi Class Action Law Suit let me know.
yes they undervalued my civic and tried to use lower trim levels as comps and claiming previous wear that wasn’t real. its been since mid November and they closed the claim without my consent
Have u heard anything back
We had a care that they totaled out and they depreciated the care first then on that depreciation amount then paid us for our totaled car.
Please Include me on this. Situation since August 31st, 2021. Car still not fixed. Being given the lowest amount to fix and they stated it might not even be what is wrong with it. AND car shop still has not received payment even though Progressive states already sent. I was yelled at and given the run around during this whole process and I have many many records to proved as well. I would love to be part of this.