When an Insurer Stops Communicating or Threatens to Close a Claim — Virginia Guide

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

When an insurer stops communicating or threatens to close your claim: a clear Virginia guide

Short answer: Act quickly. Document everything, demand a written status update, reference Virginia’s unfair claim practices law, and if the company still refuses to respond or improperly closes the claim, file a complaint with the Virginia State Corporation Commission (SCC) Bureau of Insurance and consider talking with an attorney. This page explains step‑by‑step what to do and why.

Detailed answer — what to do, step by step

1. Stop and gather key documents

Collect your insurance policy, the claim number, all emails and text messages, notes from phone calls (date, time, person spoken to, summary), photos, repair estimates, and any written communications you already received. Create a single folder (digital and/or paper) so nothing gets lost.

2. Ask for a written status update immediately

Contact the adjuster and the insurer in writing (email plus a certified letter if feasible). State the claim number, request the current status, ask why the insurer is considering closure (if they said so), and request a specific date by which they will respond — for example, 10 business days. Keep copies and proof of delivery.

3. Know Virginia’s unfair claims rules and mention them

Virginia law prohibits certain unfair claim settlement practices by insurers, including unreasonable delays, failure to acknowledge communications, and failure to properly investigate claims. See Va. Code § 38.2-510 for examples of prohibited practices and standards insurers must follow: Va. Code § 38.2-510. If an insurer is ignoring you or threatening closure without explanation, mention that you expect the insurer to follow applicable claim-handling obligations under state law and ask for the specific reason for denial or closure.

4. Preserve and document ongoing loss and mitigation steps

Keep taking photos and saving receipts for repairs, boarding up, temporary housing, or other mitigation steps required by your policy. Prompt mitigation of damage is usually required and helps your position if a dispute arises.

5. Escalate inside the company

If the adjuster does not respond, call and ask to speak to a supervisor or the claims manager. Follow up in writing. Large insurers often have internal appeals or review units — use them.

6. File a complaint with the Virginia regulator

If internal escalation fails, file a consumer complaint with the Virginia State Corporation Commission, Bureau of Insurance. The Bureau can review whether the company violated state insurance laws or regulations and can often help obtain a response. Visit the Bureau’s consumer page for instructions and complaint forms: SCC Bureau of Insurance (Insurance consumer information).

7. Consider an independent inspection or appraisal

If the dispute concerns damage magnitude or repair cost, hire a licensed public adjuster or an independent contractor for a written estimate. Compare that to the insurer’s position and submit the estimate to the insurer with a request for review.

8. Know when to get legal help

If the insurer: (a) fails to investigate promptly; (b) denies coverage without a reasonable basis; (c) misrepresents policy language; or (d) refuses to communicate persistently, consult an attorney who handles insurance disputes. An attorney can evaluate possible contract claims and bad faith issues and advise about deadlines and next steps. If you decide to hire counsel, provide your lawyer the full claim file and communication records.

9. Preserve rights and be mindful of deadlines

Insurance policies and state law can impose time limits for notice, appraisal, and legal action. Preserve your right to contest a denial by continuing to document and asserting your position in writing. If you see deadlines stated in your policy (e.g., to file suit or initiate appraisal), note those immediately and consult counsel if you risk losing a legal right.

How Virginia law helps you

Va. Code § 38.2-510 lists unfair practices insurers must avoid, such as unreasonable delay or failure to act in good faith. That statute supports regulator review and strengthens your complaint when you report poor handling to the SCC Bureau of Insurance: https://law.lis.virginia.gov/vacode/title38.2/chapter5/section38.2-510/.

The SCC Bureau of Insurance takes consumer complaints and can often get insurers to explain claim closures or reopen files when the company has not followed required procedures. Start here: Virginia SCC — Insurance.

Example (hypothetical)

After a storm, a homeowner files a claim and receives an adjuster visit. Two weeks later the homeowner receives an email saying the insurer may close the file for “lack of response.” The homeowner sends a certified letter within three days demanding an explanation and attaching photos, contractor estimates, and prior emails. The insurer still does not respond in 10 business days, so the homeowner files a complaint with the SCC Bureau of Insurance and hires a public adjuster to provide an independent estimate. The SCC intervenes and the insurer reopens the claim to complete its investigation.

Helpful hints

  • Always get critical communications in writing (email and certified mail).
  • Keep a simple log of every call: date, time, name, topic, and outcome.
  • If the insurer threatens to close the claim, ask for the threat in writing and for the procedure to reopen the claim.
  • Try to resolve issues internally first (supervisor, appeals, claim review).
  • Use the SCC Bureau of Insurance complaint process if the insurer ignores requests or violates handling rules: SCC — Insurance.
  • Get independent estimates and keep mitigation receipts to support your loss amount.
  • If the amount at stake is substantial or the insurer’s conduct looks unfair, consult an attorney promptly to preserve legal remedies and timelines.

Disclaimer: This page provides general information about Virginia insurance claims and is not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Virginia attorney.

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.