Progressive Insurance NM Settlement: Automatic Refunds

Progressive Insurance Settlement: $1.76M in Refunds for New Mexico Drivers Overcharged for Stacked Coverage

By Steve Levine

Progressive Insurance Stacked UM UIM Coverage Class Action Settlement New Mexico

Published: February 16, 2026

Settlement Fund: $1,765,606.13

Payout: Automatic refund of the premium difference — most people don't need to do anything


If you had Progressive car insurance in New Mexico and were paying for something called "stacked" coverage on a single vehicle, you were overcharged. A $1.76 million class action settlement is now refunding the difference, and for most people the money comes automatically — no claim form needed.

Here's what happened in plain English, why it matters, and what you need to do (which for many people is nothing at all).

What Is This About?

This settlement is about a specific type of auto insurance coverage called "stacked" uninsured/underinsured motorist coverage, or stacked UM/UIM. Don't worry if those terms mean nothing to you — this section explains it.

Every auto insurance policy in New Mexico includes UM/UIM coverage. This is the part of your policy that protects you if you get hit by a driver who either has no insurance (uninsured) or doesn't have enough insurance to cover your injuries (underinsured). It's there so you're not stuck paying your own medical bills because someone else didn't have proper coverage.

Now here's where "stacking" comes in. If you insure multiple vehicles on one policy, you can choose to "stack" your UM/UIM coverage. Stacking multiplies your coverage limit by the number of vehicles. So if you have $50,000 in UM/UIM coverage and two cars, stacking gives you $100,000 in total coverage. It's a real benefit — more protection for more vehicles.

But here's the problem: if you only have one vehicle on your policy, stacking does absolutely nothing. One vehicle times $50,000 is still just $50,000. There's nothing to multiply. Yet Progressive charged a higher premium for stacked coverage on single-vehicle policies — meaning customers were paying extra for a feature that provided zero additional benefit.

The lawsuit says this was essentially charging people for something they weren't getting. Progressive denies all allegations of wrongdoing. The court has not decided who is right, but the two sides agreed to settle.

Who Qualifies?

You qualify if all of the following are true:

You lived in New Mexico. Your auto, motorcycle, or RV insurance was issued by Progressive (including 13 affiliated companies like Progressive Northern, Progressive Direct, Progressive Casualty, and others — they're all covered). Your policy included stacked UM/UIM coverage while only insuring one vehicle. Your policy was issued, renewed, or in effect at any point between January 1, 2009 and April 30, 2025.

You qualify even if you no longer have Progressive insurance. This is about past overcharges, not your current policy.

Filing a claim or receiving a payment will not increase your insurance premiums. The settlement notice says this explicitly.

How Much Do You Get?

Your refund equals the difference between what you paid for stacked coverage and what you would have paid for unstacked coverage during the time your policy was active. The exact amount depends on your specific premiums and how long you had the policy.

But how you get paid — and whether you need to do anything — depends on when your policy was active. There are two groups.

Group 1: Automatic Payments (May 2018 – April 2025)

If your single-vehicle stacked policy was active at any time from May 10, 2018 through April 30, 2025, you are in the Automatic Payments group. You get the full premium difference refunded.

If your refund is $10 or more, it's fully automatic. You can do nothing and receive a check mailed to the address Progressive has on file. Or you can visit NMUIMSettlement.com to update your address or switch to PayPal, Venmo, or EpiqPay instead of a check.

If your refund is under $10, you must actively choose a payment method on the settlement website within 90 days of receiving the notice. If you don't choose, you forfeit the payment. This is important — small refunds are not automatic. You have to take action or you lose the money.

Group 2: Other Payments — Claim Required (January 2009 – May 2018)

If your single-vehicle stacked policy was only active between January 1, 2009 and May 9, 2018 (but not after), you are in the Other Payments group. This covers an older time period where Progressive could have raised a statute of limitations defense.

You must submit a claim form and select a payment method. The total pool for this group is between $37,000 and $75,000, so your payment may be less than the full premium difference depending on how many people file claims. No one in this group will receive more than 100% of their premium difference, but many may receive less.

Payments for this group come later — no sooner than 180 days after the settlement becomes effective, plus 45 days for processing.

When Will Payments Arrive?

Payments for the Automatic group will be sent within 45 days after the settlement becomes final and effective. The final approval hearing is February 23, 2026, so if the court approves the settlement and there are no appeals, payments could begin in spring or early summer 2026. Payments for the Other Payments group will come at least 180 days after the effective date.

What Else Did Progressive Agree To?

Beyond the refunds, Progressive agreed to stop selling stacked UM/UIM coverage on single-vehicle policies going forward. So this practice ends. Future New Mexico policyholders with one vehicle won't be offered this useless add-on.

Important Dates


Settlement Fund: $1,765,606.13
Class Period: January 1, 2009 – April 30, 2025
Opt-Out/Objection Deadline: January 12, 2026 (passed)
Final Approval Hearing: February 23, 2026 at 2:00 PM — U.S. District Court, 100 N. Church Street, Las Cruces, NM
Automatic Payments ($10+): Within 45 days of effective date (no action needed)
Small Payments (under $10): Must select payment method within 90 days of notice or forfeit

Attorneys' Fees

Class Counsel will request up to $977,609.04 in attorneys' fees (inclusive of all fees, costs, and New Mexico gross receipts tax). A service award of up to $20,000 is being requested for class representative Jeremy Peck. All fees are paid by Progressive and do not reduce class member payments.

What Happens If I Do Nothing?

It depends on your group. If you're in the Automatic Payments group and your refund is $10 or more, doing nothing is fine — you'll receive a check at the address on file. If your refund is under $10, doing nothing means you forfeit the payment. If you're in the Other Payments group, doing nothing means you get no money. In all cases, doing nothing and not opting out means you give up the right to sue Progressive separately over this issue.

How to Get Your Payment

For Automatic Payments members ($10+): You don't need to do anything. But you can visit NMUIMSettlement.com to update your address or choose PayPal, Venmo, or EpiqPay.

For Automatic Payments members (under $10): You must visit NMUIMSettlement.com and select a payment method within 90 days or you lose the money.

For Other Payments members (2009–2018): Submit a claim form at NMUIMSettlement.com.

Visit Settlement Website


How Do I Find Class Action Settlements?

Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:



Case Information

The case is Peck v. Progressive Northern Insurance Company, et al., Case No. 1:22-cv-00490-SMD-JFR, in the United States District Court for the District of New Mexico, before Judge Sarah M. Davenport.

Defendants: Progressive Northern Insurance Company, Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance Company, Progressive Commercial Casualty Company, Progressive Direct Insurance Company, Progressive Max Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, National Continental Insurance Company, and United Financial Casualty Company.

Class Representative: Jeremy Peck.

Class Counsel: Geoffrey R. Romero of Romero, Harada & Winters (Albuquerque, NM); Ray M. Vargas II of The Vargas Law Firm LLC (Albuquerque, NM); Paul Zebrowski and Thomas A. Biscup of Zebrowski Law (Albuquerque, NM).

Defense Counsel: Michael E. Mumford of Baker Hostetler LLP (Cleveland, OH).

Settlement Administrator: Epiq, P.O. Box 3339, Portland, OR 97208-3339.

Settlement Website: NMUIMSettlement.com

Settlement Notice

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Sources

• Class Action Settlement Notice, Peck v. Progressive Northern Insurance Company, et al., Case No. 1:22-cv-00490-SMD-JFR (U.S. District Court, District of New Mexico)
• Settlement Website: NMUIMSettlement.com

Filing Class Action Settlement Claims

Please submit only truthful information when filing your claim. If you are unsure whether you qualify, contact Class Counsel or the Settlement Administrator. OpenClassActions.com is a consumer news site and is not the settlement administrator or a law firm.

For more class actions keep scrolling below.
Class Action Summary
Status Pending Final Approval — Most Payments Automatic
Settlement Fund $1,765,606.13
Payout Refund of premium difference (automatic for most)
Payment Methods Check (default), PayPal, Venmo, or EpiqPay
Category Auto Insurance / Overcharged Premiums / New Mexico
Defendants 13 Progressive-affiliated insurance companies
Class Period January 1, 2009 – April 30, 2025
Automatic Group May 10, 2018 – April 30, 2025 (full refund, most automatic)
Claim Required Group Jan 1, 2009 – May 9, 2018 ($37K–$75K pool, claim form needed)
Case Number 1:22-cv-00490-SMD-JFR
Court U.S. District Court, District of New Mexico
Judge Sarah M. Davenport
Opt-Out/Objection Deadline January 12, 2026 (passed)
Final Approval Hearing February 23, 2026 at 2:00 PM — Las Cruces, NM
Attorneys' Fees Up to $977,609.04 (paid by Progressive, no reduction to payments)
Settlement Website NMUIMSettlement.com