Detailed answer — what to expect and what to do

1) Read the denial and your policy

Start by carefully reading the insurer’s denial letter and the insurance policy that applies to your claim. The denial letter should state the reason(s) for denial and tell you how to appeal. The policy states what coverage exists, what techniques the insurer can use (e.g., independent medical exam, subrogation, arbitration), and specific time limits for notice and proof of loss. Note any deadlines—missed deadlines can hurt your appeal.

2) Immediately collect and organize evidence

• Medical records and bills (including initial visit, follow-ups, and any recommended treatment).
• Photographs of vehicle damage, injury, and crash scene.
• Police report or accident report, if any.
• Repair estimates and invoices.
• Eyewitness statements and contact information.
• All written and emailed communications with the insurer, and notes of phone calls (date, time, person, summary).

3) Use the insurer’s internal appeal process

Most policies and insurers provide an internal appeal or reconsideration procedure. Follow it exactly:

• File the appeal in writing. Identify the claim number and the specific denial reason(s).
• Attach new or clarifying evidence (medical reports, corrected bills, a doctor’s letter explaining causation, photos, expert statements).
• Ask the insurer to explain any technical basis for denial and how additional evidence could change the decision.
• Keep copies of everything and send materials by a traceable method (certified mail or email with read receipt).

4) Consider independent evaluations

If the insurer disputes your medical causation or the extent of your injuries, you can:

• Obtain an independent medical evaluation (IME) or an examination with a specialist who can provide a written causation opinion.
• Get repair estimates from reputable shops and written opinions about pre‑existing damage versus new damage.

5) File a complaint with the New Hampshire Insurance Department

If internal appeal fails or you suspect unfair claims handling, you may file a consumer complaint with the New Hampshire Insurance Department. The Department can investigate handling practices, ask the insurer for files, and sometimes facilitate resolution. The Department’s consumer pages and complaint process are at the New Hampshire Insurance Department website: https://www.nh.gov/insurance/.

6) Consider alternative dispute resolution

Some policies require or allow arbitration or mediation. These can be faster and cheaper than a lawsuit. Read your policy or talk to the insurer about ADR options and deadlines.

7) Suing the insurer or the at-fault party

If appeals and regulatory complaints do not fix the problem, you can consider legal action. Possible claims include breach of contract (claiming coverage benefits were wrongfully withheld) and tort actions against the at-fault driver for bodily injury or property damage. Before suing, check where to file (small claims vs. Superior Court) and applicable deadlines. New Hampshire courts provide information about civil cases and filing procedures at the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.

8) Watch the timing — act promptly

Two separate deadlines matter:

• Policy notice and proof-of-loss deadlines — insurers often require you to report accidents and submit proof within a short time period. Missing these may jeopardize coverage.
• Statute of limitations — state law limits how long you can wait to sue. In New Hampshire, personal injury claims are subject to time limits under state law, so start a claim or consult an attorney quickly to preserve your rights. For more on court timing and civil rules, see the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.

9) When to talk to an attorney

Consider consulting an attorney if:

• Your medical bills or lost wages are significant relative to policy limits.
• The insurer denies responsibility for a clear policy reason (e.g., disputing fault or causation).
• You suspect bad-faith conduct or unfair settlement practices.
• You face a complex legal/medical dispute or the other driver’s insurer makes a low settlement offer.

Many attorneys offer a free or low-cost initial consultation and can explain whether your situation warrants a suit, arbitration, or continuing negotiation.

10) Sample timeline for an appeal (example)

1. Within 24–72 hours: Report the accident to your insurer and the at-fault party’s insurer; get a police report (if available).
2. Within 1–2 weeks: Gather medical records, photos, witness info, and repair estimates.
3. Within 30 days: Submit a written appeal if you receive a denial. Include all new evidence.
4. 30–90 days: Await insurer review; follow up in writing. If still denied, file a complaint with the NH Insurance Department and consider ADR or legal consultation.

Helpful Hints — Practical steps to improve your appeal

• Save everything: receipts, medical notes, emails, photos, and letters. Organized records make appeals easier.
• Ask your treating doctor to write a clear causation statement linking your treatment to the accident.
• When you speak to adjusters, stay factual and avoid speculation. Do not admit fault.
• Send appeal materials by certified mail or another trackable method and keep proof of delivery.
• Keep a timeline of events with dates and times: the crash, first medical visit, symptoms, and insurer contacts.
• If the insurer requests an independent exam, ask for the examiner’s full credentials and consider getting your own independent opinion to counter any adverse findings.
• Use the New Hampshire Insurance Department as a resource — they can explain complaint procedures and may intervene with the insurer.
• Get a written explanation for any denial; vague or inconsistent reasons help when you escalate the dispute.
• Talk to an attorney before filing suit. An attorney can calculate damages, explain likelihood of success, and advise on timing and cost.