How to Get an Auto Damage Claim Reopened in Louisiana

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to get an auto damage claim reopened after your insurer closed it without notice

Quick guide to steps, letters, and where to complain under Louisiana law. Not legal advice.

Detailed answer — step-by-step process (Louisiana)

When an insurer closes an auto damage claim without notifying you, the process to get it reopened follows several practical and legal steps: gather evidence, contact the insurer formally, use the insurer’s internal appeal or claim-review process, and, if needed, file a complaint with the Louisiana insurance regulator or pursue legal remedies. Below is a clear, step-by-step plan you can follow.

1) Immediately collect and preserve evidence

  • Save all documents, emails, claim numbers, written estimates, and repair invoices.
  • Keep dated photos or video of the damage, vehicle condition, and any tow/repair receipts.
  • Note the names, phone numbers, and job titles of every insurance representative you spoke with, and the date/time of each contact.

2) Confirm the claim status and why it was closed

Contact the insurer’s claims phone number and ask for the claim status and a specific reason for closure. Ask for this explanation in writing (email or letter). If an adjuster closed the claim after a review, ask for the adjuster’s notes, the inspection report, and any estimates used.

3) Send a formal written request to reopen the claim

Draft a concise written request and send it by a trackable method (certified mail with return receipt or email with read receipt) to the claims address and to the adjuster. In that letter:

  • Give the claim number and policy number.
  • State the reason you believe the claim was wrongly closed (for example: no notice provided, additional damage found, repairs not completed, or new evidence).
  • Attach supporting evidence (photos, repair shop statements, invoices, police report if any).
  • Ask for a prompt reopening and propose a reasonable deadline for response (e.g., 10–14 days).

Sample short request line you can use in your letter: “I request that you reopen Claim #[CLAIM NUMBER] and provide a written explanation of the reasons for closure and the documentation used. If you will not reopen the claim, please state the legal basis and the person who authorized the closure.”

4) Use the insurer’s internal appeal or dispute process

Most carriers have an internal appeal or claim-review process. Follow that process and keep copies of every submission and every response. Ask that your appeal be logged and given a new claim or review number so you have a record.

5) Escalate internally if needed

If the adjuster or regular claims staff refuse to reopen the claim, ask to speak with a supervisor or the claims manager. Document those contacts and follow up in writing.

6) File a complaint with the Louisiana Department of Insurance (LDI)

If internal escalation does not work, file a complaint with the Louisiana insurance regulator. The regulator investigates insurer handling of claims and can often obtain a review or additional information from the insurer. For consumer help and to file a complaint, visit the Louisiana Department of Insurance website: https://ldi.la.gov. You can find the consumer complaint pages and instructions there.

7) Reference Louisiana unfair-claims law when appropriate

Louisiana law prohibits certain unfair claim practices by insurers. One frequently cited provision is La. R.S. 22:1892 (unfair and deceptive acts and practices in insurance). You can find Louisiana statutory materials and search for specific provisions at the Louisiana Legislature’s site: https://legis.la.gov/Legis/LawSearch.aspx (search for “R.S. 22:1892”). The regulator will consider whether the insurer’s conduct violated applicable rules when reviewing a consumer complaint.

8) Consider a demand letter from an attorney

If the insurer still refuses to reopen a claim despite clear evidence or procedural defects (for example, closing without notice or ignoring new evidence), a short demand letter from a lawyer can prompt a reopening. The letter should describe the facts, cite any applicable policy provisions, and set a deadline for corrective action. This step is often effective when the insurer wants to avoid regulatory scrutiny or litigation.

9) Small claims or civil suit if necessary

If the claim denial or closure causes out-of-pocket loss and the insurer won’t reopen, you can evaluate litigation options. Many disputes about auto repair costs or unpaid claims are resolved in small claims court or district court depending on the amount and facts. Consult an attorney about deadlines (prescription periods in Louisiana) and the proper court. If you sue, preserve the claim file, all communications, and your complaint evidence.

10) Time limits and prompt action

Act quickly. The longer you wait the harder it may be to demonstrate prejudice or errors in handling. Also be mindful of time limits in your policy and Louisiana law for bringing suit (prescriptive periods). An attorney can advise on the applicable deadlines for your case.

Helpful Hints

  • Always get written confirmation — email, letter, or recorded claim notes — of every insurer contact.
  • Send your reopening request by certified mail (return receipt) or tracked email so you have proof of delivery and date.
  • Attach clear, dated photos and independent repair estimates or repair shop statements describing why the damage or cost was missed or is newly discovered.
  • Keep a single organized file (digital + physical) with the claim number, all documents, and a contact log of calls and outcomes.
  • If the insurer claims it mailed notice, demand a copy of the notice and the name of the person who approved closure; ask for the date and method of mailing.
  • When you file a regulator complaint, include your written reopening request and any unanswered correspondence to show you tried to resolve the matter directly.
  • Don’t sign away your rights — before signing any release or payment, read it carefully and ask for clarification if it appears to waive future claims for related damage.
  • If you hire a lawyer, request that the insurer send all future communications to your attorney to prevent missed deadlines and protect your claim file.

Disclaimer

This article explains general processes under Louisiana law and common industry practices. It is informational only and does not constitute legal advice. For advice tailored to your facts, contact a licensed Louisiana attorney or the Louisiana Department of Insurance.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.