Insurance providers in South Carolina close claims for various reasons, such as denial, settlement, or delays in next steps. But can a closed car insurance claim be reopened?
Unfortunately, once they close a claim, most insurance companies won’t reopen them. That said, there are specific circumstances where reopening a claim is possible. However, your best option may be to seek legal recourse with help from a Georgetown, SC, car accident attorney.
What Does It Mean When a Car Accident Claim Is Closed?
When a car insurance company closes a claim, it will no longer investigate it further. Insurance companies typically close claims because they resolve or deny them through a settlement. Depending on which is the case, you may have an easier time to reopen a car accident claim.
If the insurance company denies and closes your claim, you may be able to reopen it if:
- The insurance company denied your claim based on fraudulent information provided by the other driver
- You discover additional evidence that proves the other driver was at fault
If either scenario applies to your case, contact an experienced car accident attorney. Having an attorney may encourage the insurance company to take your fraud claim seriously and consider reopening your case rather than face legal action.
If a Case Is Settled, Can It Be Reopened?
Can a closed car insurance claim be reopened? Reopening your claim may be more difficult if the insurance company closes your claim after settling it. But why would you want to reopen your claim after receiving a settlement? The most common reasons people want to reopen their case include:
- You discovered previously unknown injuries
- Your injuries worsened over time
- There were complications with your medical treatment
- You realized that you settled for too little
Getting the insurance company to reopen your claim for the above reasons will be difficult. However, that doesn’t mean it’s impossible. Consult an attorney to see if reopening your closed insurance claim or pursuing a lawsuit is advisable.
In the following rare cases, the insurance company may reopen your case due to its errors:
- They didn’t have you sign a release of liability waiver
- Your settlement document included errors, such as in the amount the insurance provider owes
What Is a Release of Liability in a Car Accident Case?
A release of liability waiver is a standard document in most settlements. By signing this waiver, you typically agree not to seek additional compensation from the driver who caused the accident or their insurance company.
Even if you signed a release of liability waiver, the insurance company may reopen your case if fraud impacted your settlement. However, you’ll need an attorney to show evidence of fraud and its impact on your settlement compensation.
If you signed a waiver and still want to reopen an insurance claim, consult a car accident attorney to explore your options if the insurance company refuses.
What Are My Options if I Can’t Reopen My Claim?
If the insurance company doesn’t reopen your car accident insurance claim, you may be able to file a personal injury lawsuit. However, the statute of limitations in South Carolina gives you just three years to file a lawsuit, so you’ll need to do so before that deadline expires or risk the courts barring you from seeking compensation.
It may also be possible for you to file a new claim against a separate defendant liable for your injuries. Sometimes, more than one party is responsible for your injuries after a car accident. For example:
- If the driver who caused your injuries was working during the car crash, their employer may also be liable.
- If a faulty car part, such as a defective airbag, caused your injuries worse than they would have been, the manufacturer may also be liable.
An attorney can investigate your case and determine if there are additional parties against whom you can file claims to seek additional compensation.
Contact a Georgetown, South Carolina, Car Accident Attorney
If you suffered injuries in a car accident and believe the insurance company prematurely closed your claim, contact Evans Moore, LLC at (843) 995-5000 for your free consultation with one of our experienced South Carolina car accident lawyers. Our attorneys have the knowledge, backed by a number of accolades and proven results, to walk you through your legal options smoothly. Ask us anything related to your case.