Curran v. Progressive Colorado Total Loss Settlement

The notice describes two classes: one for Progressive Direct policyholders and one for Progressive Preferred policyholders. Being insured by Progressive or having a totaled vehicle alone does not establish membership; the claim, policy, Colorado-resident, total-loss, and valuation-report conditions all matter.

• The Progressive Direct Class covers certain Colorado residents with qualifying first-party total-loss vehicle claims submitted from April 12, 2019, through July 8, 2026.
• The Progressive Preferred Class has similar policy, total-loss, and Mitchell valuation-report requirements, but its date range is incomplete or unclear in this notice.
• For either class, the payment must have been based on a Mitchell Instant Report that applied a Projected Sold Adjustment to at least one comparable vehicle.

The payment is not a flat amount. The notice bases it on the actual cash value recorded by Progressive and uses a different PSA Impact Amount for each class. A timely, valid Claim Form is required.

• Progressive Direct Class: 68% of a PSA Impact Amount equal to 2.75% of the vehicle’s actual cash value in Progressive’s records.
• Progressive Preferred Class: 68% of a PSA Impact Amount equal to 2.25% of the vehicle’s actual cash value in Progressive’s records.

Submitting a timely and valid Claim Form is the only way to receive a class-member payment. The notice gives both mail and online filing options.

• Mail: Sign the Claim Form sent to you and mail it to the Settlement Administrator. It must be postmarked by February 5, 2027.
• Online: Submit a form using your Claimant ID or Total Loss Claim Number and unique PIN by 11:59 p.m. ET on February 5, 2027.
• If you need a form, you may call the Settlement Administrator or request one through the settlement website.

The notice requires a timely, valid Claim Form, but it does not specify any documentary proof requirement beyond the claim-form instructions. Follow any instructions that come with your form.

• For a mailed claim, the notice instructs you to sign the Claim Form.
• For an online claim, the notice requires your Claimant ID or Total Loss Claim Number and unique PIN.
• The notice does not say that you must provide repair records, valuation records, receipts, or other supporting documents.

Excluding yourself, also called opting out, means leaving this settlement. The notice says you do not need to hire a lawyer to make this request.

• You must send a written exclusion request, with postage, to the Settlement Administrator and have it postmarked by November 5, 2026.
• The request must identify the case, give your name, current address, phone number, a clear request to be excluded, and your signature.
• If you exclude yourself, you cannot receive a settlement payment, but you keep the right to bring your own lawsuit about the released claims.

Objecting lets a class member tell the Court why they disagree with the settlement terms. It is different from leaving the settlement.

• Send a Notice of Intent to Object to the Settlement Administrator, postmarked by November 5, 2026.
• Your notice must include the case name and number, your contact information and signature, and your specific reasons for objecting.
• You cannot both object and exclude yourself. An objector remains bound by the settlement if it is approved.

Doing nothing does not preserve the ability to seek a payment later under this notice. It also does not remove you from the settlement.

• You will not receive a payment because you did not submit a Claim Form.
• You will still be bound by the settlement and release covered claims against Progressive relating to the case.
• The stated release does not include claims for personal injury, medical payments, uninsured motorist, or underinsured motorist coverage.

The notice does not give a payment date. It says the Court must first approve the settlement and that it is unknown how long the Court’s decisions will take.

• The amount available to the settlement classes is estimated at $15,240,887.
• Proposed attorneys’ fees, costs, and service awards are to be paid separately by Progressive, so the notice says they will not reduce the money available to class members.
• The Court must approve the settlement before benefits are provided.

The Fairness Hearing is the court hearing on whether the settlement is fair, reasonable, and adequate. You may attend at your own expense, but you do not have to attend.

• The hearing is scheduled for January 6, 2027, at 10:00 a.m. in Courtroom A641 of the District of Colorado Courthouse, 901 19th Street, Denver, Colorado 80294.
• The Court will consider whether to approve the settlement, as well as requested fees, expenses, and service awards.
• Attendance is not required. The notice says the hearing date or time may change.