After an accident or storm damage to your home, you probably filed a claim with your insurance company. You were thrilled when that settlement check arrived, but soon, you had a sneaking suspicion that you didn’t ask for enough money.
Can a closed insurance claim be reopened in Texas if you’ve already accepted a settlement? Maybe. Below, we explain a few situations in which you might be able to reopen your claim.
Can You Reopen a Closed Insurance Claim?
Typically, you can’t reopen an insurance claim if you’ve already signed a release form. Signing this form is required for the insurance company to send you a settlement check. By signing it, you agree you won’t be able to sue for more money later.
However, there are some cases in which you can reopen a claim even if you signed a release form. We’ll cover these situations next.
Multiple Parties Were Involved
If you have a car accident involving multiple parties, you can file a claim with each party’s insurance. So, even if you’ve already settled with one party, other parties that haven’t settled are fair game.
You Discovered New Damages
You might be able to reopen a claim if you find new damages that weren’t immediately apparent. If you had a car crash, for example, you might not realize the extent of your injuries until months or years later. For homeowners’ insurance, you could reopen your claim if you find previously hidden property damage, such as structural problems or mold behind the walls.
You Found New Evidence
Unlike in police dramas shown on TV, in real life, evidence doesn’t just conveniently pop up all at once. If you find additional evidence after settling, such as new witness statements or video footage, this could be grounds to reopen the claim.
Shoddy or Incomplete Repairs
This one largely applies to homeowners’ insurance claims. When you make a claim with homeowners’ insurance, the insurance company must authorize repairs before paying. If authorized repairs were incomplete or shoddy, causing new damage to your home, you could reopen your claim.
You Think the Insurance Company Is Acting in Bad Faith
Can a closed insurance claim be reopened if the insurance company acted in bad faith? Yes. Even if you’ve already signed a release form, it’s possible to reopen your claim in this case.
Examples of acting in bad faith include:
- Pressuring or harassing you into accepting a low settlement amount
- Misrepresenting the terms of your policy
- Refusing to negotiate
- Purposely delaying paying your claim
- Failing to investigate the accident properly
- Repeatedly “losing” evidence
- Failing to communicate with you
If you believe the insurance company has acted in bad faith, you’ll need an attorney to help reopen your claim.
When Can’t You Reopen a Claim?
As mentioned, you typically can’t reopen a claim after signing a settlement offer release form. You also can’t reopen a claim just because you’re unhappy with your settlement.
If the insurance company closed your claim because of policy exclusions, you have little recourse for reopening the claim. Additionally, if filing deadlines have passed, you may be unable to reopen the claim.
Our Firm Can Help You Reopen an Insurance Claim
Can a closed insurance claim be reopened in Texas? In some cases, yes. If you’ve discovered compelling new evidence or think the insurance company acted in bad faith, an attorney from McLaurin Law, PLLC, may be able to help you reopen the claim.
Contact our personal injury firm at (713) 528-8012 or contact us online for a consultation to learn more about your rights and legal options.
