A federal judge recent told Progressive that they must face class action lawsuit claims, finding that the plaintiffs sufficiently argued their allegations that the insurance company undervalues “comparable automobiles” when evaluating property loss claims.
U.S. District Court Judge James Donato denied Progressive Casualty Insurance Co.’s motion to dismiss the class action lawsuit last week.
Judge Donato found that plaintiff Bobby Jones sufficiently argued his claims under the Unfair Competition Act as well as his fraud, misrepresentation, breach of implied covenant, and other claims.
“Jones alleges that Progressive knowingly and intentionally misrepresented or concealed facts to defraud him of the fair coverage value of his lost vehicle,” Judge Donato said. “Jones provides enough specificity about the reports and statements he alleges were false or misleading to give fair notice of the claim.”
Although Judge Donato kept the majority of Jones’ claims, he dismissed his allegations under the Consumers Legal Remedies Act. These claims were dismissed under a technicality – Jones admittedly failed to provide Progressive with written advance notice of his claim.
Jones filed the Progressive class action lawsuit in December 2016 alleging that the insurance company defrauded him and other consumers by undervaluing totaled vehicles.
In 2015, Jones purchased a 1999 Chevrolet Venture for $3,250 and took out a car insurance policy through Progressive. Less than a month later, Jones and his wife were in terrible accident which reportedly hospitalized them both and totaled their car.
Jones later filed a claim with Progressive, which the company settled for $2,800 for “total loss.” Progressive allegedly gave Jones a search report citing the value of his car at $2,413.41. However, the search report allegedly concealed the fact that the estimate was for a car with a “salvage title,” meaning that the vehicle was a total loss.
Jones claims that Progressive estimates car values in this way in order to minimize the amount they have to pay for claims, thereby maximizing their profits. These actions allegedly breached the implied covenant of good faith, a claim Judge Donato allowed to stand.
“Jones alleges that Progressive knowingly and intentionally misrepresented or concealed facts to defraud him of the fair coverage value of his lost vehicle,” Judge Donato said. “Jones provides enough specificity about the reports and statements he alleges were false or misleading to give fair notice of the claim.”
Jones originally also included insurance agent Mitchell International in his Progressive class action lawsuit. However, Judge Donato dismissed the company from the case after finding that Mitchell International simply followed Progressive’s direction.
In its motion to dismiss, Progressive claimed that Jones did not provide enough evidence to show “reliance” or that he was misled regarding the car value of his vehicle by the insurance company’s provided information.
Judge Donato rejected this argument, determining that Jones’ Progressive class action lawsuit “expressly alleges” that he relied on Progressive’s statements and reports.
Jones is represented by David Alexander Kleczek of Kleczek Law Office and Herbert Paul Bryant of the Law Offices of H. Paul Bryant.
The Progressive Insurance Car Value Class Action Lawsuit is Bobby Jones v. Progressive Casualty Insurance Co., et al., Case No. 3:16-cv-06941, in the U.S. District Court for the Northern District of California.
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16 thoughts onProgressive Can’t Escape Total Loss Car Value Class Action Lawsuit
My husband got into and accident a month later and we purchased progressive and they have not paid us and also aske for our phone bill and the guy name is Steven and asked us for a computer of our cell phone bill it was texted to the company amd stev kept calling us and sent me a letter we have defrauded them and still waiting for
Them to pay is and they are still taking the monthly payment out for my car that have been declared total.
Was recently a victim of a hit and run accident which took place July 18,2022. Had Progressive for a month at that point with complete full coverage. I’ve fallen into a deep depression, not too skip on physical harm, my job has been jeopardized and my car has been in the tow since that July 18 of 2022 date. I’m the victim yet treated as a criminal and was abandoned by my insurer to put it lightly. Find myself in serious distress as they are claiming something in regards to “misrepresentation”. Shame on Progressive adding insult to injury.
I had full coverage with progressive and noticed how my boyfriend was treated completely different than me when it came to claims being settled. Someone did comprehensive damage to his car and he was offered 3 different options, cash to get his car fixed, allow progressive to choose the company to fix it, or he himself choose his own company and progressive would pay for it. I was never offered any help from progressive. Feb. 1st. 2015 there was a terrible snowstorm here in Michigan. I was on my way to work at 6am when both my car and the car beside hit black ice on the expressway. The truck which the guy was driving hit my Sebring convertible twice knocking me up on the embankment and causing me to almost hit a brick wall. I was so terrified I couldn’t stop shaking or crying. The guy that hit me helped me from my car and had me sit in his truck until the state trooper arrived. The guy was white, the state trooper was white and they talked at the troopers car while I remained in the guys car upset. The state trooper came to the car and retrieved my info and asked me how fast I was driving I informed him 70 miles an hour which was the speed limit and the other guy was right beside me when we both slid out of control. The state trooper went to his car than allowed me to go to my car and get my things out of my car since it no longer drivable. He then told me he was holding me accountable for the collision. When I asked him why he did not respond he just walked away and left me with my nursing bag and my purse. I did not receive a ticket so I had no info on the state tooper nor did I have any info on the guy that hit me. He had already let the guy drive away. Progressive totaled my car out, I received no money and despite explaining what happened they ignored my complaint about how the situation was handled and raised my insurance. I brought another car, a 2010 mustang convertible with the help of a friend. Dec. 15, 2015 I was on my way to my patients home when I was hit from the right by 2 young white guys in a work van, once again I was hit twice and knocked up on the grass of a church. I called progressive and explained I had just been hit by 2 young guys and was waiting for the police. It was raining that day so I was in no rush, plus I’m 53 at the time and a home care nurse working for a company that specializes in traumatic brain injury and quadriplegia resulting from MVA’s so with a rear wheel drive car in the rain I knew the results of driving too fast on wet pavement, also what the results could result from reckless driving. It was 5 in the evening and I was always early for work. The white cop that arrived spoke with us both and retrieved our info and went to his car. I noticed another white guy had come to the scene who was older than the 2 guys that hit me. The cop and the three guys went to the parking lot of the church and left me standing there waiting for info on what was going on. After a lengthy conversation with them he told me I was at fault because I didn’t stop at the blinking red light and hit the truck. I stated that it did not happen that way and pointed out the damage to my car. The left headlight was gone and fender pulled off from the left, I also had damage to the left rear side of my car. Their van had damage to the left side and front from hitting me while driving too fast attempting to make the light. The white cop had “a friend of his tow my car and progressive said ok as I was on the phone with them, and my employers as the nurse I was relieving had just worked a 12-hour shift. I watched as my beautiful banged up mustang was towed away. My airbags did not deploy, neither the side or front so I was not worried about my car being a total loss. The cop smiled at me and gave me his card and invited me to fight it in court if I disagreed with his decision, then he went back over to the 3 white guys who had driven the van into the church’s parking lot along with the big red pickup truck the older white guy was driving and the police car. I agreed to go on to work so the nurse picked me up at the site with the van our patient had just received. When they pulled up they could not get all the way in the church parking lot because of the way the 3 vehicles were parked so she rolled down her window and shouted for them to move their “damn truck” so our patients van rear end would not be sticking out into the road. She is white and I was shocked the cop did not say anything to her. I am black and both of the accidents happened in the suburbs of Michigan. When I got in the van I was explaining to my co-worker what happened she informed me I would lose in court, she stated that this was a “white world” and informed me that the cop was still there at the scene when she picked me up at 6 because they were getting the story straight just in case I decided to fight the decision. I was so upset I was screaming at her! I did not like what she was saying but she told me she agreed with me and to calm down because that’s just the way it was. I tried explaining to progressive that I hit no one and they could see from the damage to my car and where my car was after they hit me. I asked did my car hit them from the front AND the side then flies over to the churchyard? Progressive totaled my car out, then raised my insurance to $900 a month. They informed me I had to have the cop change his report. I have a copy and it makes no sense at all when you read and look at it. I wrote the judge a letter and contacted the Canton police dept. who would not allow me to speak to anyone in their internal affairs devision? I also wrote the chief of police from Canton who concluded “her officer” did nothing wrong, but never explained to me why that cop remained on the scene talking to these 3 men for over an hour. Two days prior to this accident someone had wiped out my bank account shopping on Amazon. Both Chase bank and Amazon did a wonderful job getting the situation resolved. But 2 days later my niece was removed from life support and progressive was demanding I return the rental since they had totaled my car out. My car was not damaged to the point of being a total loss and I was shocked!! I had to buy another car over the phone as I had no one to take me shopping to get another car, not to mention I received no money from progressive. Because of these two incidents, I cannot afford even any fault insurance here in Michigan. Prior to these two accidents, my driving record was great. The pain and stress this has caused me cannot be described! My niece’s death meant nothing to progressive. I asked if I was being charged for a 30-day rental why was it I was only allowed to keep it a week and 3 days? I asked why was the accident not investigated since the report made no sense? Progressive is a racist, gender discriminating company. Men are treated better than woman and if you are black, which I am you are charged a different rate and they steal your cars by totaling them out and keeping them, then raise your insurance. I live in Detroit, Michigan which has ALWAYS been redlined by the insurance companies just like in Furgeson where they found the insurance companies, police dept. AND court system made millions off of black citizens. PLEASE PLEASE look into this and help us. The constitution states we have a right to pursue happiness as others. I asked progressive if citizens in Detroit were supposed to catch the bus and he pretty much stated yes, we could not afford new cars. WOW really?
You sound racist
We don’t know enough about the story. However, I think the following is good advice: If damage is done to your vehicle, you are supposed to get the other driver’s info, if possible. You are supposed to make sure the police report is made and get the police report number, if possible. The others in your story should definitely have behaved better.