Welcome to the Settlement Website for Buffington v. Progressive Advanced Ins. Co., et al.

IF YOU SUFFERED A TOTAL LOSS OF A VEHICLE WHILE INSURED BY PROGRESSIVE FROM SEPTEMBER 10, 2014 TO MARCH 27, 2024, YOU MAY BE ENTITLED TO A PAYMENT.

• A Settlement has been reached in Buffington v. Progressive Advanced Ins. Co., et al., Case No. 20-cv-07408 (S.D.N.Y.). In the lawsuit, the Plaintiff alleges that Progressive breached its auto insurance policies in New York by failing to pay the full amount of New York sales tax owed on total loss auto insurance claims. Progressive will pay money to eligible Settlement Class Members who file a valid, complete, and timely Claim Form, as follows:
  • o Progressive will pay Settlement Class Members who were paid $0.00 in New York sales tax (“Unpaid Insureds”) and who make a valid and timely claim, 77.5% of a Sales Tax Payment equal to 8% of the actual cash value (“ACV”) reflected in Settlement Class Members’ individual settlement summaries for total loss vehicles. (For example, 8% of a $30,000 ACV is $2,400, of which 77.5% or $1,860 is the payment owed to the Unpaid Insured Settlement Class Member).
  • o Progressive will also make available for Settlement Class Members who were paid some amount of sales tax in connection with a total loss (“Underpaid Insureds”) and who make a valid and timely claim, a fund of $250,000. From this fund, each Underpaid Insured will be paid 77.5% to 100% of a Sales Tax Payment equal to 8% of the ACV reflected in Settlement Class Members’ individual settlement summaries for total loss vehicles, minus the sales tax Progressive already paid to the Underpaid Insured. If payment of all valid claims by Underpaid Insureds at the rate of 100% will exceed $250,000, Underpaid Insureds will receive a pro rata share of at least 77.5% of the Sales Tax Payment. (For example, 8% of a $30,000 ACV is $2,400, so if an Underpaid Insured was previously paid $600 in sales tax, the balance is $1,800, of which 77.5% to 100% or $1,395 to $1,800 is the payment due to the Underpaid Insured under the Settlement.)
• You could be a Settlement Class Member if, between September 10, 2014 and March 27, 2024, you (i) had a policy underwritten by Progressive in New York, (ii) submitted a claim that was adjusted as a total loss and settled by Progressive on an actual cash value (“ACV”) basis, and (iii) were paid $0.00 in New York sales tax, or received some amount of sales tax, but less than 8% of the ACV assigned by Progressive to the covered vehicle. To receive payment under the Settlement, you must submit a Claim Form by August 21, 2024. You will be able to file an electric Claim Form on this website on May 13, 2024.
• The Court in charge of this case still must decide whether to approve the Notice before any benefits can be distributed. The Settlement Agreement benefits will be made available if the Court approves the Settlement Agreement and after any appeals are resolved. Please be patient.

IF YOU ARE A SETTLEMENT CLASS MEMBER, YOUR RIGHTS ARE AFFECTED, AND YOU HAVE A CHOICE TO MAKE NOW:

These rights and options – and the deadlines and procedures to exercise them – are explained in the Notice. Please check this website periodically for updates.