Can You Reopen a Closed Insurance Claim in Missouri?

If you have already accepted an insurance claim settlement, the case is closed and finished. But what if you made a mistake on your claim or want to recover more compensation? Can you reopen a closed insurance claim?

Unfortunately, you generally cannot reopen a closed insurance claim in Missouri. Insurance companies like finality, and once they close a claim, they typically will never open it again. There are a handful of exceptions, but closed insurance claims are generally closed for good.

What Does It Mean When an Insurance Claim is Closed?

A closed insurance claim is one where the case has reached its resolution. The insurance company has determined it will take no further action on the matter. They have fully investigated the case and have rendered a final decision. An insurance company will close a case when it either denies the claim or pays the claim.

Why Is It Hard to Reopen an Insurance Claim in Missouri?

When you accept a settlement from an insurance company, you usually must also sign a liability release form. Your signature on this form frees the other party and their insurance company from any further legal or financial liability. In other words, when you accept a settlement payment, you also agree not to bring any further action against the defendant for the injury. The point of this kind of release form is to avoid endless litigation between the two parties.

The insurance company will also close your claim if they have denied it. When you first receive the denial letter, you have the opportunity to secure an attorney to determine whether your claim could succeed if you go to trial in your case. If your lawyer believes you could not prevail at trial and the insurance company offers no settlement, once they close your claim, there’s nothing more you can do to secure compensation.

What Can I Do If an Insurance Claim Is Closed?

There is not much you can do once an insurance company closes a claim. Insurance companies lose money when they reopen claims and fight vigorously against doing so to preserve their bottom line. That is why insurance companies will try to settle early for small amounts and close the claim — they want to minimize the chances they have to pay the full amount.

There are, however, a few instances where you can reopen a claim. For example, if you never signed a valid release of liability form, you may have grounds for reopening a claim. You may also be able to reopen a claim if the insurance company never paid you what they agreed to pay. You may be able to reopen the claim if the insurance company made errors on the settlement contract or committed fraud during the claims process.

If you think the insurance company closed your claim in error, you need to talk to an attorney as soon as possible. Your attorney can review your claim to see if you have grounds to reopen it and pursue compensation. If need be, they can also initiate formal litigation against the insurance company to recover compensation for your losses.

Don’t Agree to a Settlement Unless It Is Fair

Once you accept a settlement and the insurance company closes the claim, your options for recovering additional compensation are severely limited. Never sign any settlement until you have spoken to your lawyer and they have reviewed the contract terms, especially if the insurer offers a settlement shortly after the accident. You shouldn’t sign an early settlement because:

• You may discover you have additional injuries. Some injuries, such as concussions, can have delayed symptoms, meaning they may be undetectable for a period.
• There may be other liable parties who should share in paying you compensation. For example, you may be able to sue the car manufacturer in addition to the other driver if you are in a car accident and faulty car parts contributed to the crash.
• You may not know the full extent of your losses yet. For instance, you may not fully understand how an injury has affected your long-term earning potential.

Agreeing to a settlement is final, so you want to be absolutely sure that you are getting the best possible offer. Don’t hesitate to have your attorney review any settlement offer the insurance company makes.

Getting the Claim Right the First Time

Reopening a claim may not be possible, so the ideal option is to get things right the first time, avoiding the need to revisit it later. Following these guidelines can help increase your chances of achieving a satisfactory claim resolution.

Document Everything

Gather as much documentation about the accident as you can before filing a claim. That includes photos of the scene, police reports, eyewitness accounts, and any other evidence that can prove your claim. Insurance companies frequently deny and close claims because of insufficient documentation, so don’t give them a chance with poor record keeping.

Get a Medical Diagnosis

If you are filing a claim for medical expenses, you will have to include medical documentation with an official diagnosis. Examples of important documents to save include diagnostic tests, lab reports, imaging, prescriptions, patient files, hospital discharge paperwork, and medical bills. These documents will be critical to proving your injury and medical expenses to the insurance company.

Engage an Experienced Car Accident Lawyer

Instead of trying to gather all the evidence and argue your case yourself, hire a seasoned St. Louis car accident lawyer to take on your case. They can present your claim to the insurer in a compelling way, and they will know how to maximize the compensation you’re due.

Contact a Personal Injury Attorney Serving St. Louis Today

Reopening a closed insurance claim is not impossible, but it’s not necessarily easy. It is a long process that is best handled by an experienced attorney. If you need legal counsel regarding a closed insurance claim or need help filing an insurance claim, contact Goldblatt + Singer online or call (314) 231-4100 today for a free case consultation.