How to Get an Insurer to Reopen a Closed Auto Damage Claim in Hawaii | Hawaii Estate Planning

Detailed Answer

This section explains, in plain language, what you can do in Hawaii if an auto damage claim was closed without notice and you want the insurer to reopen it. This is general information about the process under Hawaii law. It is not legal advice.

Basic rights and legal background

Insurers doing business in Hawaii must follow state insurance rules and handle claims in a fair and timely manner. Hawaii law addresses unfair or deceptive insurance practices through the Hawaii Revised Statutes, chapter 431. You can read the chapter here: https://www.capitol.hawaii.gov/hrs/hrs.aspx?chapter=431. The state also regulates insurers through the Department of Commerce and Consumer Affairs, Insurance Division (DCCA). For consumer help and complaint filing see: https://cca.hawaii.gov/ins/consumers/complaints/.

Common reasons an insurer appears to have closed a claim

They issued a final payment and recorded the claim as closed.
They considered the claim duplicate or already resolved.
They administratively closed the file due to inactivity or missing information.
A technical error in the insurer’s system caused an incorrect status update.

Step-by-step process to try to get the claim reopened

Gather and preserve all documents.

Collect your policy, claim number, all emails and letters, photos of damage, repair estimates, receipts, and any communication logs (dates, times, names). Keep originals and make copies.
Contact the insurer immediately and ask for the claim file status.

Call the adjuster or the claims phone number. Ask these specific questions: who closed the file, the date and reason for closing, whether a final payment was issued, and whether there is any outstanding documentation they need. Ask for a written explanation by email or letter.
Request the claim file and a written denial or closing statement.

Under good-practice rules and DCCA oversight, insurers should provide explanations of decisions. Ask for a copy of the claim notes and any appraisal, estimate, or inspection report the company relied on. Get everything in writing.
Send a formal written demand to reopen the claim.

Draft a concise letter or email that includes your name, policy and claim numbers, the date you first reported the damage, summary of new or missing information (if any), and a clear request that the insurer reopen and re-evaluate the loss. State you expect a written response within a reasonable time (for example, 14 days) and that you will contact the Hawaii DCCA if they do not respond. Keep a dated copy.
Provide new or corrected evidence if available.

If the insurer closed the claim because of missing information or an inspection that missed damage, provide additional photos, repair shop estimates, witness statements, or a second inspection report. Attach this evidence to your written demand.
Use contract provisions such as appraisal, if applicable.

Many auto policies include an appraisal or dispute-resolution clause to resolve valuation disputes. Review your policy or ask the insurer to point to the relevant clause. Appraisal may force a neutral valuation process that can result in reopening or re-valuation.
If the insurer refuses or ignores you, file a complaint with Hawaii DCCA Insurance Division.

You can ask DCCA to investigate unfair claim-handling practices. Use the DCCA consumer complaint resources: https://cca.hawaii.gov/ins/consumers/complaints/.
Consider legal help when necessary.

If the company denies responsibility, refuses to reopen despite new evidence, or you suspect bad faith, consult an attorney who handles insurance claims. An attorney can advise you on potential causes of action and deadlines. If you pursue litigation, the attorney will explain statutes of limitation and the best timing for a suit.

What to expect from the insurer after you demand reopening

A written acknowledgement of your request and an explanation of the next steps.
A request for further documentation if needed.
A new inspection, reappraisal, or a revised estimate.
Either reopening and paying additional amounts, confirming the previous decision in writing, or refusing to reopen with a written explanation.

When to contact DCCA and what they can do

Contact the Hawaii DCCA Insurance Division if your written requests produce no meaningful response, the insurer will not provide its file or explanation, or you suspect unfair practices. DCCA can investigate complaints, mediate some disputes, and refer possible violations of Hawaii insurance laws in chapter 431 for enforcement. File at: https://cca.hawaii.gov/ins/consumers/complaints/.

When to hire a lawyer

Consider counsel if:

The insurer refuses to reopen or to provide a written explanation.
You have substantial unrepaired damage or defect that the insurer refuses to pay.
You suspect bad faith or a pattern of unfair claims handling.
You need help preserving rights and meeting lawsuit deadlines.

Sample short demand you can adapt

To: Claims Department, Insurer name
Re: Policy #    Claim #
Date:    

I request that you reopen and re-evaluate the above-referenced claim. The claim was closed on (date) without a written explanation. Attached are additional documents and photos that show the full extent of the damage. Please provide a written response within 14 days that explains the reason for closing and the next steps to reopen and resolve the claim.

Sincerely,
Your name
Contact information

Helpful Hints

Document every contact: note the date, time, person spoken to, and what was said.
Always ask for decisions and explanations in writing. Insurers are more likely to respond consistently when requests are in writing.
Keep repair estimates and photographs dated and organized. New evidence is the fastest way to get a file reopened.
Read your policy for dispute-resolution clauses like appraisal. Those clauses can change the steps available.
If you file a DCCA complaint, include a clear timeline and copies of your written demand and the insurer’s responses (if any).
Act promptly. Some legal remedies have time limits; consult an attorney quickly if you expect litigation.

Disclaimer: This information explains general processes under Hawaii law and the administrative resources available in Hawaii. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in Hawaii or contact the Hawaii DCCA Insurance Division at https://cca.hawaii.gov/ins/.