Detailed Answer

Yes — you can often get an auto damage claim reopened in New Mexico, but success depends on the reason the insurer closed the file, the terms of your policy, and the facts and timing of your request. Below is a clear, step-by-step approach you can follow even if you start with no legal knowledge.

1. Confirm the claim status and why it was closed

First, verify whether the insurer truly closed the claim and why. Contact your adjuster or the insurer’s claim phone line and ask for:

• Written confirmation of the claim status (open, reopened, or closed).
• The reason for closing (e.g., paid and finalized, denied for lack of coverage, no response from you).
• Any file notes or final correspondence used to justify closure.

If they say they closed it and cannot locate a reason, request written confirmation of that statement.

2. Review your policy and any time limits

Read your insured policy’s sections on reporting claims, proof-of-loss, and appraisal/arbitration. Many policies include an appraisal clause for disputes over the amount of loss and deadlines for reporting or suing. Note any deadlines you find. If you are unsure what the policy language means, consider asking a lawyer for a quick policy-review or bring the policy to a consumer assistance office.

3. Assemble evidence that supports reopening

Gather all documentation that shows the claim should not have been closed or that new information justifies reopening, such as:

• Photos and videos of damage (date-stamped if possible).
• Repair shop estimates and invoices.
• Tow receipts or police reports, if any.
• All prior claim correspondence and the insurer’s closure notice (if you have one).
• Witness statements or new evidence discovered after the closure.

4. Make a clear written request to reopen

Send a short, dated, written request to the claims department and your adjuster asking them to reopen the claim and explaining why. Include:

• Your name, policy number, and claim number.
• A clear statement: “Please reopen my claim because [brief reason].”
• Copies of any new evidence or corrected information.
• A reasonable deadline for response (for example, 14 days).

Send this by certified mail with return receipt or by email if you have a reliable read receipt. Keep copies of everything.

5. Use policy dispute clauses if applicable (appraisal/arbitration)

If the dispute is only about the repair cost or scope and your policy has an appraisal clause, consider invoking appraisal. Appraisal is a contractual process where each side picks an appraiser and they pick an umpire if needed. Appraisal can get an independent determination of value even after a file is closed. Follow the policy directions to demand appraisal in writing.

6. File a complaint with the New Mexico Office of Superintendent of Insurance (OSI)

If the insurer ignores you or you believe the company acted unfairly (for example, closing the claim without valid reason or failing to notify you), you can file a complaint with the state regulator. OSI handles consumer complaints about claim handling and possible unfair claim settlement practices. File online or by mail and include your documentation:

New Mexico Office of Superintendent of Insurance — File a Complaint

7. Consider a demand letter or attorney involvement

If the insurer refuses to reopen a meritorious claim, a short demand letter from an attorney often prompts action. A letter can outline the facts, cite policy provisions, and warn of possible insurance bad faith claims or other remedies. For many auto damage disputes, a lawyer’s involvement helps, but you can start with the steps above before hiring counsel.

8. Preserve deadlines for legal action

Don’t let possible statutes of limitation or policy deadlines lapse while you try to reopen the claim. Even if the insurer refuses to reopen, you may have limited time to sue under your policy or state law. If you are unsure about deadlines, ask an attorney promptly. The New Mexico Office of Superintendent of Insurance can help with complaint intake but cannot give legal advice: https://www.osi.state.nm.us/.

Example timeline (hypothetical facts)

Jane files a claim after a rear-end collision. Insurer later marks the file closed without notifying her. Jane:

1. Contacts the adjuster and requests the closure reason.
2. Finds the insurer marked the claim closed for “no response” despite her calling — she sends the repair estimate and photos with a written request to reopen.
3. If insurer refuses, she files a complaint with OSI and requests appraisal under her policy.
4. If OSI cannot resolve it, she consults an attorney about filing suit before the policy or statutory deadlines expire.

Practical outcomes

Possible outcomes include the insurer reopening and paying a revised or additional amount, agreeing to appraisal, offering a small settlement, or continuing to deny reopening. If the insurer acted in bad faith (for example, intentionally closed the claim to avoid payment), you may have additional remedies. An attorney can advise if bad-faith or declaratory relief is appropriate.

Helpful Hints

• Document everything: save emails, text messages, photos, receipts, and notes of phone calls (who you spoke with, date, and summary).
• Send a written request to reopen even if you already spoke by phone — insurers respond better to paper trails.
• Use certified mail or email with delivery/read receipt for important correspondence.
• Ask your repair shop for a detailed written estimate and a statement about whether repairs are needed to restore safety and value.
• If the insurer closed for lack of contact, show your prior communications (calls, voicemails, returned mails) to prove you responded.
• Familiarize yourself with your policy’s appraisal clause and how to demand appraisal if the dispute is only over repair cost.
• If the insurer seems to be acting in bad faith or violating claims-handling standards, file a complaint with OSI: https://www.osi.state.nm.us/consumers/file-a-complaint/.
• When in doubt about deadlines or complex denials, consult an attorney quickly — time limits can be short.
• Keep communications factual and brief. Avoid admitting fault in writing; if you discuss fault, limit the details and stick to the damage and process.