How to get an auto damage claim reopened in Vermont
Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need legal advice about your specific situation, consult a licensed Vermont attorney.
Detailed answer — step‑by‑step process to ask an insurer to reopen a closed auto damage claim (Vermont)
If your auto insurer closed a damage claim without notice, you can often get the carrier to reopen it by following a clear, documented process. Below is a practical roadmap you can use right away. It explains what to check, what to send, and the regulatory options in Vermont.
1. Confirm the claim status and why it closed
- Check any letters, emails, or text messages from the insurer. Look for words like “closed,” “denied,” or “no further action.”
- Call the claims adjuster and ask for the claim number, the reason the file was closed, and whether a written closing notice was sent. Take notes (date, time, person).
- Review your auto insurance policy for deadlines, appraisal clauses, and your duties after a loss (notice, cooperation, repair authorization, etc.).
2. Gather and preserve documentation
- Keep a copy of the police report (if any), photos of the damage, repair estimates, receipts, and any medical records if injuries occurred.
- Save all communications with the insurer: emails, texts, letters, voicemail summaries, and notes of phone calls.
3. Make a clear written request to reopen the claim
Send a short, professional written demand asking the insurer to reopen the claim. Include:
- Your name, policy number, claim number (if you have it).
- A short statement that the claim was closed without your notice and you request reopening.
- Any new evidence or reason to reopen (new estimates, repair invoices, photos, medical information).
- A request for the insurer’s claim file, including written closing notes and the identity of the adjuster/supervisor.
Send this request by certified mail with return receipt or by email if the insurer accepts claims correspondence electronically. Keep proof you sent it.
4. Ask to speak with a supervisor or the claims manager
If the adjuster does not respond or refuses, politely request escalation. Supervisors or the claims manager may have authority to reopen a file when an adjuster will not.
5. Provide new information or evidence
Many reopenings happen because the insured supplies new, relevant facts—additional photos, a better repair estimate, or medical documentation for injuries discovered after the file closed. Make sure the new evidence is clear and tied to why the initial closure was wrong or premature.
6. Use appraisal, arbitration, or appraisal clause if present
If your policy contains an appraisal or arbitration clause for disputes over damage amount or repair necessity, consider invoking that process. Appraisal is common in property damage disputes and can force resolution even when an insurer resists reopening a file.
7. File a complaint with Vermont’s insurance regulator
If the insurer refuses to reopen the claim or you suspect unfair claims handling, file a complaint with the Vermont Department of Financial Regulation, Insurance Division. The regulator accepts consumer complaints, can investigate unfair practices, and sometimes gets companies to reconsider claims.
Start here: Vermont Department of Financial Regulation (DFR). For help with complaints and consumer guidance, check the Insurance Division pages on the DFR site.
8. Consider small claims court or hiring an attorney
If the dispute is about repair cost or denial and you cannot get a resolution, consider small claims court for modest amounts or consult a Vermont attorney if the claim is larger or involves bad faith. If you pursue litigation, note that time limits apply, so act promptly.
9. Keep careful records and act quickly
Document every step. Federal or state regulators and courts place weight on timely, well-documented complaints. The faster you act after the insurer’s closure, the stronger your options to reopen the claim or pursue remedies.
Vermont-specific resources
- Vermont Department of Financial Regulation (insurance consumer help and how to file a complaint): https://dfr.vermont.gov/
- Vermont Legislature site (general access to Vermont statutes and consumer laws): https://legislature.vermont.gov/
- Vermont Judiciary self-help and small claims information: https://www.vermontjudiciary.org/
Sample short written request to reopen a claim
Use this as a template—customize the facts. Send by certified mail or email and keep proof of delivery.
Date
Claims Department
[Insurer Name]
Re: Policy # [policy number]; Claim # [claim number if known]To whom it may concern:
I learned on [date] that you closed the above claim. I did not receive written notice before the file was closed. I request that you reopen this claim and provide the claim file, the reason for closure, and the identity of the person who closed it. I am attaching new evidence: [list photos / estimates / invoices / medical records].
Please confirm in writing that the claim is reopened within 10 business days. If you do not reopen the claim, please explain in writing the specific basis for your decision. I expect a copy of all notes and communications related to this claim.
Sincerely,
[Your name and contact info]
Helpful hints
- Send written requests and use certified mail or tracked email so you have proof the insurer received your demand.
- Keep a chronological claim log: date, time, who you spoke with, summary of the conversation.
- Do not sign releases or final-amount checks until you are sure repairs and medical issues are resolved.
- Get at least two independent repair estimates and one photo record of the vehicle before repairs begin.
- Ask for the insurer’s complaint procedure and estimated timeline for handling your reopening request.
- If the insurer claims the file was closed due to lack of cooperation, show you promptly responded and submit missing documents immediately.
- Consider using an independent appraiser if you and the insurer disagree about damage or repair cost.
Following these steps will give you the best chance to get an insurer to reopen an auto damage claim in Vermont. If you run into resistance after following these steps, contact the Vermont DFR or consult a Vermont attorney to discuss legal remedies.