Can I Reopen a Claim That Was Closed with No Payment?
Understanding Reopened Insurance Claims
In Florida, a reopened claim refers to a previously closed insurance claim that is reopened upon the insured’s request for additional costs related to loss or damage previously disclosed to the insurer. This is distinct from a supplemental claim for additional loss or damage from the same peril not previously disclosed.
Valid Reasons to Reopen a Claim
You may consider reopening a closed claim if:
- New Damage Discovered: Damage related to the original incident becomes apparent after closing the claim.
- Underpayment: The initial settlement was insufficient for repair or replacement costs.
- Errors or Omissions: Mistakes in the initial assessment or overlooked damages.
- Policy Misinterpretation: Disputes over coverage due to complex policy language.
- Bad Faith Practices: The insurer acted unfairly or failed to fulfill contractual obligations.
Florida Law Supports Your Right to Reopen
Florida policyholders benefit from consumer-friendly laws that support claim reopening:
- Florida Statute § 627.70131 requires insurers to act reasonably, promptly, and communicate updates throughout the claim process.
- Florida Statute § 626.9541 prohibits unfair claim settlement practices, including improper claim closures.
Timeframe for Reopening Claims
Florida law stipulates specific time limits for reopening claims:
- Reopened Claims: Must be filed within one year after the date of loss.
- Supplemental Claims: Must be filed within 18 months after the date of loss.
These timeframes are crucial; failing to act within them may bar you from reopening your claim.
When to Seek Legal Assistance
Reopening a closed insurance claim in Florida is a viable option for policyholders who believe their initial claim was unjustly denied or underpaid.
Our lawyers can:
- Draft a formal demand letter
- Reopen and supplement your claim
- File a bad faith lawsuit if necessary
At Williams Law, P.A., we’ve helped homeowners across Florida challenge zero-dollar claims and recover what they’re rightfully owed. We fight for property owners whose insurers have shortchanged them.