How to get an auto insurer in Delaware to reopen a closed damage claim

Short answer: Gather any new or overlooked evidence, send a clear written request to the insurer asking that they reopen the claim and explain why, demand an acknowledgement and a deadline, preserve all communications, and if the insurer refuses, file a complaint with the Delaware Department of Insurance and consider appraisal, mediation, or a court action with an attorney. This page explains each step and gives a sample letter you can adapt.

Detailed answer

1) Understand what likely happened

Insurers sometimes close an auto damage claim because they think the claim is resolved, because they assigned no-pay liability, or because the adjuster considered the claim stale or unsupported. In some instances they fail to notify you properly. Delaware regulates insurance practices through the Delaware Insurance Code (Title 18), and the Delaware Department of Insurance accepts consumer complaints if an insurer acted unfairly. See Delaware Insurance Code, Title 18: https://delcode.delaware.gov/title18/ and the Delaware Department of Insurance: https://insurance.delaware.gov/.

2) Collect everything before you ask them to reopen

Claim number and name of the adjuster or claims representative.
All insurance correspondence, denials, estimates, photos, repair shop invoices, police reports, witness statements, and any new evidence (e.g., newly discovered damage, additional estimates, receipts for repairs you paid).
Dates: when the loss occurred, when you filed, and when you learned the claim was closed.

3) Send a clear written request to reopen the claim

Call first to get the correct claims contact and ask how the insurer prefers documents (email, portal upload, mail). Then send a concise written request by email and certified mail (return receipt requested) to the claims address and the adjuster. Your request should:

Identify the claim by claim number, policyholder name, and loss date.
Explain why the file should be reopened (new evidence, error, missed documentation, incorrect calculation, or failure to notify you).
Attach the new evidence and a clear request for a specific action (re-inspection, new estimate, payment amount, or reconsideration of liability).
Ask for written acknowledgement and a deadline (for example, 14 or 21 days) for their response.

Sample short request (adapt before sending)

“Re: Claim # [your claim number] — Request to reopen. I am writing to request that you reopen the above-referenced claim. New evidence (attached) shows additional damage not previously inspected. Please confirm receipt of this request and arrange a re-inspection or provide instructions for next steps within 14 days. If you need additional documentation, list what you require. Sincerely, [Your name, contact info].”

4) Be specific about the remedy you want

Tell the insurer whether you want a reinspection, a revised estimate, payment for repairs you already paid, or payment for a rental car. If the insurer closed in error or without providing statutorily required communications, point that out and request correction.

5) Document everything and create a timeline

Save copies of all emails, letters, receipts, estimates, photos, and notes of phone calls (note date, time, who you spoke with, and what they said). A documented timeline will help if you need to file a complaint or pursue legal remedies.

6) If the insurer refuses or fails to respond

File a consumer complaint with the Delaware Department of Insurance. The DOI can investigate and sometimes secure a remedy or explain whether the insurer violated Delaware insurance rules: https://insurance.delaware.gov/.
Ask about appraisal or arbitration if your policy includes an appraisal clause for dispute over the amount of loss.
Consider sending a formal demand letter from an attorney. A lawyer can also advise whether a lawsuit for breach of contract or bad faith makes sense in your situation.

7) Time limits and legal options

Don’t wait too long to act. Insurance policies and state laws contain deadlines for bringing suits or for taking other remedies. If you believe the company acted unfairly or in bad faith, an attorney can explain deadlines and whether you have a claim under Delaware law. For general reference, see Delaware’s insurance provisions in Title 18: https://delcode.delaware.gov/title18/.

8) When to talk to an attorney

Contact an attorney if the insurer: (a) refuses to reopen despite clear new evidence, (b) persists in denying liability without explanation, (c) will not pay a reasonable repair estimate, or (d) you think the insurer engaged in unfair claim settlement practices. An attorney can evaluate whether to pursue appraisal, mediation, or litigation.

What a successful reopening typically looks like

You send a written reopening request with new evidence.
The insurer acknowledges receipt and agrees to re-inspect or re-evaluate.
The insurer issues a new estimate or offers payment, or explains in writing why it still will not pay.
If the insurer refuses without a reasonable basis, you escalate to the Delaware Department of Insurance and/or legal action.

Disclaimer

This article is informational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Delaware attorney.

Helpful Hints

Act fast. Reopen requests and disputes are easier to resolve when recent.
Use certified mail for important letters so you have proof of delivery.
Keep originals of repair receipts, photos, and police reports; provide copies, not originals, to the insurer.
If repairs are urgent, get a written, detailed repair estimate and keep photos before and after repair.
Ask the insurer in writing to explain any denial or closure; ask for the specific policy language and basis for their decision.
If the insurer doesn’t respond, file with the Delaware Department of Insurance and attach your timeline and copies of communications.
When contacting the DOI, be concise and include claim number, date of loss, insurer name, and your requested remedy.
Consider getting a free or low-cost consult with an attorney to evaluate whether bad-faith or contract claims apply.