Here’s the situation: a Florida resident receives a letter from their insurance provider saying their claim is closed. What actions (if any) can they take to re-open their insurance claim? Fortunately, this doesn’t mean that you have to live with this decision. In order to provide more context into this type of insurance dispute, it helps to break down what “closed” really means.

Please Note: Our law firm specializes in helping clients with insurance dispute cases in the states of Florida & Georgia. If you’re visiting our site from a different state, we hope you find this information helpful, but unfortunately, we won’t be able to take on your case.

A Floridian involved in a motorcycle accident fills out their injury claim form.

The Cliff Notes: Key Takeaways From This Post

  • 1
    An insurance claim in Florida can be closed if the insurer has not heard from the claimant in a certain period of time or if they do not provide information requested by the insurer.
  • 2
    It is important to keep up communication with the insurer to ensure your claim does not become inactive.
  • 3
    If an insurer has closed a claim, you may be able to reopen it if you have new documentation or disagree with the settlement amount.
  • 4
    To increase chances of getting your claim reopened, provide any new evidence you have, follow up if you haven’t heard from your insurer in a while, document all correspondence with your insurer, talk about expenses that have occurred after settlement and do not sign anything without being completely happy with the settlement.
  • 5
    If insurers refuse to reopen the claim or deny it without clear reasoning, consider seeking legal help as it could be a case of breach of contract.

When an insurance company closes a case in Florida, the claim becomes inactive. This means no further action is being taken by the adjuster. The investigation has been halted, no further payout will be sent, and the case has been filed away.

It’s important to note that a closed claim does not mean the insurance company has denied the claim. It means that the insurer does not feel it worth continuing to work on it. They have not, yet, refused to pay you. If you don’t dispute this decision, the claim will be archived and you will not get the compensation you are entitled to. You may, however, still see a rise in your insurance premiums.

Keep in mind that insurance claims are closed after an uncontested payout. The only reason you’d want to reopen an insurance claim in Florida would be it you are unhappy with the amount or have incurred extra expenses since the incident occurred.

#1 Reason Florida Insurance Carriers Close Claims

The most common reason why an insurance claim in Florida has been closed is that they have not heard from you in a certain period of time. This means it’s important to keep following up on a claim, so your insurance adjuster does not think (and can’t pretend) that you are no longer interested in pursuing the claim. Your claim may also be closed if you don’t provide the information they request in the time frame they request.

In other words, a claim is closed, rather than denied, if the insurer thinks that you are no longer pursuing it or are not serious about the claim, or if the insurer feels they have done enough on the matter (which might not gel with your opinion in this case).

Insurers may also close a claim for other reasons, and in some cases, they may close out a claim and, for example, total a vehicle without any further consultation. They do not legally have to tell you they are closing your claim, but reputable insurers will keep you in the loop. Your case may also be closed after a settlement, but you might want to reopen the claim if the settlement is insufficient, such as if you incurred more expenses after the settlement date. You might also disagree with the settlement.

What Should You Do If Your Claim Has Been Closed?

The first thing to do is communicate, through multiple channels, that you are still pursuing the claim. At least one of those channels should be in writing (email or snail mail) so you have documentation that you requested the claim be reopened. Calling as well makes absolutely sure that your insurer gets the message. Mail and email can be lost, so follow up and ask if they got it and resend if necessary.

In many cases, this will be enough to get them to reopen the claim. If you have new documentation related to the claim, such as medical records, make sure to send that over too. If the claim was settled, you will almost certainly have to present some kind of new information to get it reopened and seek increased damages. This might include medical bills for treatment received after the settlement date or repair bills for hidden damage traced to the accident.

If your case was closed without payment, then you can and should put some pressure on your insurer to reopen it. In some cases, insurers will do this to avoid outright denying a claim, which tends to result in a faster response and more of a fight. Letting a case sit closed can be a way an insurance company tries to weasel out of paying, although it can also be legitimately because you took too long to respond to a request for information.

What If They Refuse to Reopen the Claim?

In a few cases, your insurer may refuse to reopen the claim. In this case, you should talk to your attorney. (You should already have an attorney; it’s best to engage one as soon as the accident or incident occurs).

You can sue your insurer to reopen a claim if they have not paid you (and yes, you can sue if they deny the claim) or if you are unsatisfied with the settlement you received. Think carefully before suing your insurer if you already received a settlement; you can end up with more hassle than it is worth and possibly no increase in payment. Your attorney can advise you on whether it is worth pursuing the claim further.

You can and should sue if you think your insurance company has acted in bad faith, such as not paying a claim where the liability seems reasonably clear. You can also sue your insurance company for sitting on a claim and not approving or denying it within a reasonable timeframe; this may well be a course of action to take if they have closed a claim without payment and are refusing to reopen it, perhaps arguing there is not enough information.

It’s also possible to sue if they deny a claim and don’t tell you why; this is also a tack you can take when an insurer refuses to reopen a claim. In these cases, you are most likely suing for breach of contract. Most insurance companies will settle the claim rather than be taken to court, so often the threat of a lawsuit is enough, but you must be prepared to follow through. Don’t try to handle your own legal matters. You need expert help to get you through the process in a timely and reasonable manner.

How To Increase Your Chances of Getting Your Insurance Claim Reopened

There are a few things you can do that increase the chances of getting your claim reopened. Here are some of them:

  • Provide any new evidence you have.</