Can you reopen a closed insurance claim?
Motor Vehicles Accidents - January 15, 2024
After a car crash, you’re under much pressure to close the claim quickly. Maybe you can’t get your vehicle repaired until you get a settlement, or perhaps you’re behind on bills because you had to miss work.
Unfortunately, you later realize that the settlement offer from the insurance company wasn’t enough to cover all your costs. You could even have medical bills due to complications from your initial accident injuries. What now? Can you reopen a closed car insurance claim?
Maybe. In some situations, you can reopen a car accident claim, but you need an attorney. We can help. Get a free consultation from a Chicago car accident lawyer at Horwitz, Horwitz & Associates by calling (800) 985-1819.
Situations where you can potentially reopen a closed insurance claim
You have not signed a release from the insurance company
The insurance company paying your settlement won’t issue the check until you sign a release stating your claim is resolved and you give up your right to file a future lawsuit for this incident.
You shouldn’t sign anything from the other party in a car accident claim case without first running it by your attorney. They evaluate any release or offer to protect your interests and rights.
If you’ve already signed a release, there likely isn’t much you can do, even if it turns out to have been a lowball offer. However, if you haven’t signed the release yet, we may be able to negotiate for a higher settlement.
Multiple parties were involved in the collision
You could be in a situation where multiple parties contributed to the crash or created conditions that made a wreck likely.
For example, if you were involved in a multi-car collision, you may have settled with one at-fault driver but not another. Or, maybe the crash happened due in part to a malfunctioning vehicle. In that case, you could have a claim against the other driver and a mechanic who improperly fixed their car.
These aren’t the only scenarios in which multiple parties could be responsible for the crash and your injuries. An experienced Chicago car accident attorney can investigate the incident and determine if multiple defendants should exist.
The insurance company acted in bad faith
The only other situation in which the answer to “Can you reopen an insurance claim?” is “Yes” is if the insurance company acted in bad faith. If so, you could have a legal case against the insurance company in some situations.
Some examples of an insurance company acting in bad faith include:
- Failing to investigate the claim properly or delaying investigating it
- Knowingly misrepresenting the facts of the collision
- Knowingly misrepresenting the provisions of the insurance policy
- Failing to properly and consistently communicate with you
- Deliberately delaying processing the claim or asking for additional or duplicate documentation
- Refusing to negotiate for a settlement in good faith
- Representatives accusing you of fraud or other wrongdoing in the situation
- Being harassed, coerced, or tricked into accepting a lowball settlement
This may not mean you can reopen the car insurance claim. Still, if you and your lawyer can prove the insurance company acted in bad faith, you can take legal action against them and demand compensation in civil court.
Our attorneys can help
If you’re coming to Horwitz, Horwitz & Associates to ask if you can reopen a closed car insurance claim, you’re in the right place. Our experienced Chicago car accident attorneys can examine the circumstances of your case and advise you of your options for reopening it.
Contact us today at (800) 985-1819 for a free consultation.
