Short answer
If an insurer closed your auto damage claim without notice, you can usually get the insurer to reopen the file by (1) documenting the closure and reasons, (2) gathering any new or overlooked evidence, (3) making a clear written request to reopen and providing that evidence, and (4) escalating to the insurer’s claim supervisor or to the Montana Commissioner of Securities and Insurance if the insurer refuses. Act quickly, preserve records, and consider appraisal, small-claims court, or an attorney for larger disputes.
Disclaimer
This article is for general information only and is not legal advice. I am not a lawyer. For advice about a specific situation, consult a licensed Montana attorney.
Detailed answer — How to get a closed Montana auto damage claim reopened
1. Confirm and document the closure
Start by getting confirmation that the claim is closed and the reason. Ask the insurer (by phone and in writing) for the claim number, the date the file was closed, any written denial or closure document, and the adjuster’s notes. If the insurer gave no written notice, request a written explanation. Keep a log of every call (date, time, person, what was said).
2. Review your policy and the claim file
Carefully read your auto insurance policy sections on notice requirements, proof of loss, claim cooperation, and dispute-resolution procedures (for example, appraisal clauses). Check whether the insurer’s stated reason for closure (if any) is mentioned in your policy as a valid basis for denying or closing a claim.
3. Gather and organize evidence
Collect anything that supports reopening or adjusting the claim: photos or video of the damage, repair shop estimates and invoices, receipts, police reports, witness statements, and any medical records if injuries are involved. If you have new evidence that was not available when the insurer initially closed the claim (e.g., a late repair estimate or additional damage discovered during repairs), highlight that in your reopening request.
4. Send a written request to reopen the claim
Send a concise written request asking the insurer to reopen the claim and stating the reason (new evidence, mistake, omitted documentation, or clerical error). Attach copies of the supporting documents. Include the claim number, policy number, and a statement of what remedy you seek (e.g., reconsideration, payment for a repair estimate, or an appraisal). Send the letter by certified mail with return receipt and also by email if the insurer allows. Keep copies of everything.
5. Follow up and escalate within the insurer
If you get no timely response, contact the claim handler’s supervisor or the insurer’s claims/customer service unit. Ask for the name and contact of the person responsible for claim denials. Be polite but firm. Request a written explanation of why the claim was closed and a deadline for reopening or reconsideration.
6. Use Montana regulatory tools
If the insurer refuses to reopen the claim or fails to respond, you can file a complaint with the Montana Commissioner of Securities and Insurance (CSIMT). The Commissioner can investigate consumer complaints about claim handling and possible unfair practices. When filing a complaint, include the claim number, policy number, copies of your correspondence, and any evidence you submitted to the insurer. See the Commissioner’s consumer pages for how to file and what to expect: https://csimt.gov.
7. Consider appraisal, mediation, small claims, or lawsuit
If the dispute concerns the amount payable (not coverage), check whether your policy has an appraisal clause that lets you force an appraisal. For modest-value claims, small-claims court is often faster and cheaper than full litigation. For larger claims or suspected bad-faith conduct, consult a Montana attorney about filing suit. Keep in mind that state statutes of limitations and policy timelines can limit how long you have to sue — act quickly and check deadlines with an attorney or the Commissioner’s office.
8. When to consult an attorney
Talk to a Montana-licensed attorney if the claim involves: significant damage or medical costs, a coverage dispute (e.g., the insurer says your loss isn’t covered), suspected bad faith or unfair claim practices, or missed legal deadlines. An attorney can advise on litigation options and on monetary damages beyond the policy amount (where applicable).
9. Montana law and consumer protections (key references)
Montana insurance law places duties on insurers to handle claims fairly and in good faith under the state insurance statutes (Title 33, Montana Code Annotated). If an insurer fails to investigate a claim reasonably, fails to communicate, or denies coverage without a reasonable basis, those actions can be reported to the Montana Commissioner of Securities and Insurance. For the Montana insurance code, see Title 33 of the Montana Code: https://leg.mt.gov/bills/mca/title_0330/. For consumer assistance and complaint filing, see the Commissioner’s site: https://csimt.gov.
Helpful Hints
- Always get the claim number and the name/title of any person you speak with at the insurer and record the date and time.
- Send your reopen request in writing and use certified mail (return receipt). Also email if permitted. Paper and electronic traces matter.
- Attach clear, organized evidence (photos, repair estimates, invoices, police report). Label files so reviewers can read them quickly.
- If the closure was for lack of cooperation or missed paperwork, remedy any missing items immediately and notify the insurer in writing that you have provided them.
- Do not sign away your rights (for example, sign a release or final settlement check without understanding the terms).
- If you accept a partial payment, get the insurer to confirm in writing whether accepting payment is a full and final settlement.
- Use the Commissioner’s complaint process if the insurer is unresponsive or appears to be acting unfairly: https://csimt.gov.
- Consider a local attorney early if the insurer’s conduct seems unreasonable or the claim has significant value.
- Act promptly — preserve evidence, keep deadlines in mind, and avoid unnecessary delays that could limit your legal remedies.