Steps to Reopen an Auto Damage Claim Closed Without Notice in New Hampshire
Disclaimer: I am not a lawyer. This article is informational only and does not constitute legal advice. If you need legal advice about your situation, consult a licensed New Hampshire attorney.
Detailed answer — What to do when your auto damage claim was closed without notice
If your insurer closed your automobile damage claim without notifying you, follow a clear, documented process to try to get the claim reopened and the loss paid. Below is a practical, step‑by‑step set of actions that fits how New Hampshire consumers typically proceed when an insurer prematurely or improperly closes a claim.
1. Gather the facts and the claim file
– Collect every piece of paper or electronic communication you have about the loss: claim number, adjuster name, any emails, texts, voicemail notes, repair estimates, photographs, police reports, and proof of ownership/registration. If the insurer sent a letter or explanation, keep it. If you never received notice, note the dates you first contacted the insurer and any phone calls.
2. Contact the adjuster and the insurer immediately (document everything)
– Call the adjuster and the insurer’s claims line. Ask why the file was closed and whether the insurer has a written denial or closure reason. Take detailed notes: date, time, who you spoke with, and what was said.
– Follow up with a short written message (email or letter) that restates the conversation and requests that the insurer reopen the claim. Send the writing via an trackable method (read‑receipt email, certified mail, or recorded delivery) and keep a copy.
3. Provide any missing evidence and a clear request to reopen
– If the claim closed for “lack of documentation” or because the insurer claims it had no contact from you, submit the missing documents: repair estimates, photos, witness statements, itemized damage lists, and the police report. In your cover letter explicitly request that the insurer reopen the claim and explain why the new documents change coverage or liability analysis.
4. Use your policy’s internal appeal, appraisal, or dispute process
– Review your insurance policy for an appraisal clause, dispute resolution steps, or appeal procedures. If the dispute is about the amount of loss, the appraisal clause (if present) can lead to a binding independent valuation. If the insurer refuses to reopen, follow any internal appeal steps in the policy and keep copies of your appeal.
5. Escalate inside the company
– If the adjuster does not respond or refuses to reopen, escalate to a claims supervisor, manager, or the insurer’s consumer affairs/complaint unit. Be concise in writing: state dates, claim number, what you submitted, and why you ask for reopening.
6. File a complaint with the New Hampshire Insurance Department
– If the insurer refuses or you suspect improper claims handling, file a complaint with the New Hampshire Insurance Department (NHID). The NHID handles consumer complaints about insurer conduct and can investigate unfair claim settlement practices. Use the NHID consumer pages to find complaint forms and contact information:
– The NHID can request the insurer’s claim file, review whether the insurer followed state rules, and may require corrective action. Keep copies of your complaint and all related documentation.
7. Consider small claims court or a civil suit if necessary
– If the dispute is about money (e.g., the insurer owes the cost of repairs) and internal routes plus regulator assistance do not resolve it, you can consider filing a lawsuit. For smaller amounts, New Hampshire has small claims procedures through the state court system. For larger claims, consult a New Hampshire attorney about a civil action for breach of contract or bad faith practices.
– If you pursue court action, preserve all evidence and the claim file. Courts and insurers take good documentation seriously.
What New Hampshire resources and rules apply?
– The New Hampshire Insurance Department oversees insurer conduct in NH and accepts consumer complaints when insurers mis-handle claims. See NHID consumer and complaint resources: https://www.nh.gov/insurance/consumers/index.htm.
– For court procedures (small claims), use the New Hampshire Judicial Branch self‑help pages: New Hampshire Small Claims Information.
Note: State statutes and administrative rules govern insurer conduct and consumers’ rights. If you want a statutory citation or to pursue a court case, consider asking the NHID for guidance or consult a New Hampshire attorney to identify the specific statute(s) that apply to your claim and timeline.
Sample short written request to reopen (what to send)
Include the following in a single short letter or email to the insurer’s complaints address and to the adjuster:
- Claim number and policy number
- Brief summary of the loss (date, location, what happened)
- Statement that the claim was closed without your notice and you request reopening
- List of documents attached (photos, new repair estimate, police report)
- Clear statement of requested remedy (reopen claim and pay for repairs, or appraisal, etc.)
- Contact information and request for a written response within a stated deadline (e.g., 14 days)
Send by email (if available) and by certified mail so you have proof of delivery.
Helpful hints
- Act fast — preserve evidence and contact the insurer immediately. Time matters for deadlines and statutes of limitation.
- Document everything — write notes after every call, save emails, and keep copies of everything you send or receive.
- Use trackable delivery — certified mail or email read receipts prove your attempts to communicate.
- Ask for the claim file or suspected reason for closure in writing — the insurer should provide a written explanation of denial or closure.
- Be polite but firm — escalate to supervisors if you get no answer at first.
- Use the NHID early — the regulator can often get an insurer to provide a clearer explanation or re-open the file.
- Consider appraisal if the dispute is only about dollar value and your policy includes an appraisal clause.
- If you plan court action, preserve originals and prepare to show the chain of communication and timelines.