Progressive New Mexico underinsured motorist class action settlement

Progressive agreed to a class action lawsuit settlement to resolve claims it undervalued claims and overcharged New Mexico insurance policyholders for underinsured motorist coverage.

The settlement benefits Progressive policyholders and insureds who resided in New Mexico and purchased insurance policies with uninsured/underinsured motorist coverage between Jan. 1, 2004, and March 22, 2022. 

The settlement also benefits non-Progressive policyholders who made a claim for underinsured motorist benefits but had their payments reduced or denied due to certain offsets.

According to the class action lawsuit, Progressive misrepresented its underinsured/uninsured motorist coverage limits and applied deceptive offsets which decreased policyholder claims. Plaintiffs in the case claim this violated New Mexico’s Unfair Insurance Practices Act and other state laws.

Progressive is an insurance company that provides various forms of auto insurance, including uninsured/underinsured motorist coverage.

Progressive hasn’t admitted any wrongdoing but agreed to pay an undisclosed sum to resolve the class action lawsuit.

Under the terms of the settlement, Progressive will readjust certain wrongful death claims submitted by class members between May 8, 2014, and March 22, 2022. These payments will vary but are valued at around $25,000 per class member. Class members do not need to submit a claim form in order to receive these automatic payments.

Class members who are not eligible for wrongful death readjustment payments can receive either other benefits if they submit a claim. Class members who made an underinsured motorist claim between Jan. 1, 2004, and March 22, 2022, for bodily injury and/or property damage can have their claims readjusted or can submit a new claim. This benefit is valued at around $25,0000 per class member. 

Class members who are not eligible for claim readjustments can receive a refund of 18% of all uninsured/underinsured motorist premiums they paid between Jan. 1, 2004, and March 22, 2022. Progressive set aside $2.5 million for these refunds. Payments may be reduced if the total number of claimed refunds exceeds $2.5 million.

The deadline for exclusion and objection was June 26, 2023.

The final approval hearing for the settlement is scheduled for Aug. 2, 2023.

In order to receive settlement benefits, class members who are not eligible for automatic payments must submit a valid claim form by Aug. 10, 2023.

Who’s Eligible

Progressive policyholders and insureds who resided in New Mexico and purchased insurance policies with uninsured/underinsured motorist coverage between Jan. 1, 2004, and March 22, 2022, as well as non-Progressive policyholders who made a claim for underinsured motorist benefits but had their payments reduced or denied due to certain offsets between Jan. 1, 2004 and March 22, 2022.

Potential Award

Varies

Proof of Purchase

N/A

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

08/10/2023

Case Name

Martinez, et al. v. Progressive Preferred Insurance Co., Case No. 1:19-cv-00004-JHR-SCY, in the U.S. District Court for the District of New Mexico

Final Hearing

08/02/2023

Settlement Website

ProgressiveNMUMSettlement.com

Claims Administrator

Martinez v. Progressive Settlement Administrator
P.O. Box 2350
Portland, OR 97208-2350
844-451-2728

Class Counsel

Kedar Bhasker 
LAW OFFICE OF KEDAR BHASKER

Corbin Hildebrandt 
CORBIN HILDEBRANDT PC

Geoffrey Romero 
LAW OFFICES OF GEOFFREY R. ROMERO

Defense Counsel

BAKER & HOSTETLER LLP 

ALLEN LAW FIRM LLC