Progressive Colorado Total-Loss Settlement — $15.2 Million for Underpaid Totaled Vehicles
PublishedSeptember 21, 2026
Colorado drivers whose totaled vehicle was paid out by Progressive Direct or Progressive Preferred using a Mitchell valuation that applied a projected sold adjustment may qualify to claim 68% of the amount that adjustment took off their payout. Claims close February 5, 2027.
Claims are open. The deadline to submit a claim form is February 5, 2027, and the official settlement website states that claims must be submitted online or postmarked by that date. The deadline to exclude yourself from the settlement or to object to it is earlier — November 5, 2026. The court granted preliminary approval and the settlement administrator has begun sending notice to class members; a final approval hearing has not yet been held, so the settlement is not final and no payment date has been announced. Class members who qualify should watch for a postcard or email carrying a Claim ID, which is what opens the pre-filled claim form.
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StatusClaims Open
Claim DeadlineFebruary 5, 2027Exclude or object by November 5, 2026
Estimated Payout68% of the PSA ImpactAbout 1.87% of the vehicle actual cash value for Progressive Direct · about 1.53% for Progressive Preferred
Proof RequiredYes — Claim ID to file onlineClaim ID from the mailed or emailed notice · no receipts, and a blank paper form can be requested by mail instead
What Changed Recently?
Progressive Direct Insurance Company and Progressive Preferred Insurance Company signed a class action settlement agreement resolving the Colorado total-loss case, and the court has since preliminarily approved it and authorized notice to the class. The lawsuit alleged that the total-loss software Progressive licensed from Mitchell International applied a downward adjustment called the projected sold adjustment to comparable vehicles, and that the adjustment left policyholders paid less than the actual cash value their Colorado auto policies promised.
Progressive denies the allegations. The agreement states that Progressive maintains it complied with the governing Colorado laws and regulations and with the terms of its policies, and that it entered the settlement without admitting liability, fault or wrongdoing of any kind, or that the case was suitable for class treatment. The company agreed to settle to avoid the costs and uncertainties of continued litigation after four years of the case.
The settlement also folds in a second, later-filed Colorado case brought against Progressive Preferred, which is why there are two settlement classes with two different start dates rather than one.
Who Qualifies?
There are two settlement classes, split by which Progressive company issued the policy. Both cover people who made a first-party claim for property damage to a vehicle on a personal auto policy issued to a Colorado resident, where Progressive determined the vehicle was a total loss and based its payment on an Instant Report from Mitchell in which a projected sold adjustment was applied to at least one comparable vehicle.
The Progressive Direct class covers qualifying claims submitted from April 12, 2019 through the date the court entered preliminary approval. The Progressive Preferred class covers qualifying claims submitted from December 19, 2021 through that same date. Because the class periods close on the preliminary approval date, the classes are now fixed — a total loss paid after that date is not covered.
Excluded are Progressive Direct and Progressive Preferred themselves, their present and former officers, directors and employees, their parents, subsidiaries and affiliates, class counsel, the judges who handled the case and their immediate families, and anyone who validly asks to be excluded. First-party property damage is the operative limit: this settlement is about what Progressive paid for the vehicle, not about injury claims.
How Much Can You Get?
Approximately $15,240,887 is available in total. Eligible class members who file a valid claim receive 68% of the projected sold adjustment impact amount for each covered total-loss claim, and the agreement fixes that impact amount as a flat percentage of the vehicle value rather than recalculating it car by car.
For the Progressive Direct class, the projected sold adjustment impact is 2.75% of the actual cash value Progressive recorded for the totaled vehicle. For the Progressive Preferred class it is 2.25%. Applying the 68% share, a Progressive Direct claimant recovers roughly 1.87% of the vehicle actual cash value and a Progressive Preferred claimant roughly 1.53%. On a vehicle valued at $20,000, that works out to about $374 in the Direct class and about $306 in the Preferred class. A class member with more than one covered total loss is paid for each one.
The two class pools are estimated separately: about $12,514,840 for the Progressive Direct class and about $2,726,047 for the Progressive Preferred class. This is a claims-made settlement, which means Progressive funds only the claims that are approved rather than paying a fixed lump sum. There is no pro rata reduction if many people file, because each payment is calculated from that claimant own vehicle value, and no top-up if few do.
Attorney fees, costs, service awards and the cost of notice and administration are paid by Progressive separately and in addition to the class payments. The agreement states in terms that what class members are owed will not be adjusted or reduced because of them. Class counsel may ask the court for no more than $4,572,199 in fees — 30% of the total made available to the classes — and no more than $200,000 in costs, and the class representatives may seek service awards of up to $10,000 and $5,000. Every one of those figures is a ceiling on what can be requested, not an amount the court has awarded.
What Proof or Notice ID Is Required?
Proof Required: Yes. No receipts, repair records or vehicle documents are needed, but the online claim form is pre-filled and opens only with a Claim ID. That code is printed on the postcard notice mailed to class members and is linked from the email notice; the settlement agreement requires the settlement website home page to carry a Make A Claim button that takes the Claim ID and returns a pre-filled electronic claim form with an electronic signature step.
The mailed notice is the simplest route. It arrives as a postcard with a detachable claim form that is already filled in with the class member name, the date of loss and a unique Claim ID, return-addressed with prepaid postage — sign it and mail it back. Progressive is also providing the administrator with email addresses it has on file, so a class member may receive the notice by email with a link to the pre-filled form instead.
A class member who never receives a notice is not shut out, but there is more to supply. The agreement directs the administrator to send a blank claim form on request when no Claim ID is available. A blank form has to be mailed in rather than filed online, and it must carry the class member name (plus the name used at the time of the loss, if different), the current address, and the claim number or policy number from the total-loss claim. The agreement states that the name, address and claim or policy number must match Progressive records for the claim to be eligible, which is why this page is marked proof-required even though nothing has to be photocopied. Requests for a blank form go through the official settlement website.
A defective claim is not automatically dead. If a timely claim form is unsigned, illegible or missing the claim or policy number, the administrator sends the claimant a letter and allows 30 days to cure the defect — but only one opportunity, after which the claim is not eligible for payment.
What Is the Deadline?
Claim forms must be submitted electronically or postmarked by February 5, 2027. The official settlement website states the deadline as a submission-or-postmark date and does not specify a time of day or a governing time zone, so treat the postmark date as the operative one and do not count on a same-day online cutoff.
Two earlier deadlines both fall on November 5, 2026. A class member who wants to keep the right to sue Progressive separately over these claims has to mail a signed request for exclusion postmarked by that date; exclusion means no settlement payment. A class member who wants to stay in the settlement but tell the court why they disagree with it has to file a written objection by the same date, and an objector remains bound if the court approves the settlement. Doing nothing means no payment and no preserved claim — see the questions below for what the release does and does not cover.
How Do You Take Action?
The filing route depends on what arrived in the mail. A class member who received the postcard notice can sign the detachable claim form and mail it back; the postage is prepaid and the form is already filled in. A class member who received the email notice can follow its link to the pre-filled electronic claim form, or enter the Claim ID at the Colorado Total Loss Claim website. A class member who received neither can use the same website to ask the administrator to mail another copy of the notice and claim form, or to send a blank claim form.
The claim form asks how the payment should be delivered. A claimant who prefers an electronic payment can give an email address so the administrator can send a link to the electronic payment options; anyone who does not choose one is paid by physical check. Choosing or not choosing an electronic payment does not affect whether the claim is valid.
Case documents, the long-form notice and the schedule of dates are posted on the official settlement website, which also carries Spanish translations of the mailed notice, the long-form notice and the claim form. Class members do not need to hire a lawyer or attend any hearing to be paid.
What Happens Next?
The court will hold a final approval hearing to decide whether the settlement is fair, reasonable and adequate, and to rule on the requests for attorney fees, costs and service awards. Under the settlement agreement the claim deadline falls 30 days after that hearing, which places the hearing shortly before the February 5, 2027 claim cutoff; the scheduled date is posted on the important dates page of the official settlement website. Class members are not required to attend, and a class member who filed a timely objection may ask to be heard.
Class counsel must file the motion for final approval and the application for fees and expenses before the objection deadline, and the administrator is required to post the fee application to the settlement website when it is filed. A final approval hearing being held is not the same as approval being granted, and approval is not the same as payment.
If the court grants final approval and the judgment becomes final — meaning the appeal period runs out or any appeal is resolved — Progressive funds the approved claims into escrow within 30 days, and the administrator issues payments within 60 days after that. Checks are valid for 180 days. A settlement class member who misses that window can request a reissued check within 30 days of the void date; after that, uncashed funds return to Progressive.
This page was written from the primary settlement record: the executed class action settlement agreement filed with the court, which is posted in full further down this page, the unopposed motion for preliminary approval and its proposed order (which carry the class definitions, the payment formula, the notice plan and the schedule of deadlines), and the official Colorado Total Loss Claim settlement website, which states the claim, exclusion and objection deadlines and the total amount available. The case is Curran, et al. v. Progressive Direct Insurance Company, et al., No. 1:22-cv-00878-SKC-TPO, in the U.S. District Court for the District of Colorado. Verita Global, formerly KCC Class Action Services, is the court-approved settlement administrator, and its public settlement directory lists the February 5, 2027 claim deadline for this case.
Figures on this page come from the settlement agreement itself. The per-claimant percentages of actual cash value are arithmetic from the agreement terms — 68% of a 2.75% impact for the Progressive Direct class, and 68% of a 2.25% impact for the Progressive Preferred class — and the example payment is an illustration, not a quoted figure. Allegations described here are allegations; Progressive denies them and has not admitted liability.
Questions
Does the attorneys’ fee award reduce the Progressive Colorado settlement payments?
No. Under the settlement agreement, Progressive pays any fee and cost award, any service awards and the cost of notice and administration separately from and in addition to the money available to class members. The agreement states that the amount owed to settlement class members will not be adjusted or reduced as a result of those payments. Class counsel may ask the court for no more than $4,572,199 in fees and no more than $200,000 in costs; the court decides what to award.
Can one claim form cover more than one totaled vehicle?
Yes. The settlement agreement provides that a claim form submitted by a settlement class member who has more than one qualifying claim counts as a claim form for every claim that meets the class definitions. A separate payment is calculated for each covered total-loss claim, because the payment is a percentage of each vehicle’s actual cash value.
Can I still file if I never received a Progressive settlement notice?
Yes, but not through the pre-filled online form. The settlement agreement directs the administrator to send a blank claim form on request when no Claim ID is available. A blank form must be mailed by the claims deadline and must carry the class member’s name, the name used at the time of the total loss if it was different, the current address, and the claim number or policy number from the total-loss claim. Those details have to match Progressive’s records for the claim to be eligible. Requests go through the official settlement website.
What happens if I do nothing in the Progressive Colorado total-loss settlement?
A class member who neither files a claim nor asks to be excluded receives no payment and is still bound by the settlement’s release if the court approves it. The release does not cover every claim: the agreement expressly carves out claims for personal injury, medical payments, uninsured motorist and underinsured motorist coverage, which are not released.
What happens to a settlement check that is never cashed?
Checks are valid for 180 days from the date they are issued. A class member who asks within 30 days of that void date can have a check reissued. Otherwise the agreement provides that uncashed checks are permanently voided 31 days after the void date and any money left in the escrow account from them goes back to Progressive.
Class Action Settlement Agreement (PDF)
The full settlement agreement the parties signed and filed with the court, as executed. It runs 40 pages and is the document the figures on this page come from: the two settlement class definitions, the 68% payment formula and the per-class projected sold adjustment percentages, the notice plan and claim procedure, the release, and the fee and service-award ceilings.
For more class actions keep scrolling below.
Settlement Amount
Approximately $15,240,887 available (claims-made)
Case Title
Curran, et al. v. Progressive Direct Insurance Company, et al.
Case Number
1:22-cv-00878-SKC-TPO
Court
U.S. District Court, District of Colorado
Final Approval Hearing
Scheduled — see the official settlement website The claim deadline falls 30 days after the hearing
Administrator
Verita Global (formerly KCC Class Action Services)
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