Detailed Answer
When an insurance company relies on an inaccurate accident report, you can challenge it under New Hampshire law in several steps. Start by obtaining a complete copy of the company’s file, including the accident report it used. Review the report for factual errors—such as wrong date, time, parties, location or damage descriptions.
Next, gather objective evidence that corrects those errors. This can include photos of the scene, medical records, witness statements or a corrected police report. Send a written dispute letter to your insurer’s adjuster. In that letter, clearly identify each inaccuracy, attach your evidence and request confirmation of correction within 30 days. Keep all correspondence in writing.
If the insurer refuses to revise its report or continues to base an adverse decision on inaccurate facts, you may file a formal complaint with the New Hampshire Insurance Department. The Department enforces NH RSA 417, which prohibits unfair claim settlement practices, including misrepresentation of policy provisions or failing to conduct a reasonable investigation.
Should the dispute remain unresolved, consider seeking an independent appraisal or mediation through your insurer’s dispute-resolution program. You also have the right to pursue the matter in small claims court if your damages fall within the jurisdictional limit (currently $10,000).
When accuracy of the record affects your claim, act promptly. Document each step and deadline. If you feel overwhelmed, consult a qualified attorney familiar with New Hampshire insurance law to explore your options.
Helpful Hints
- Obtain and review the insurer’s entire file, including all reports.
- Photograph the accident scene and damage as soon as possible.
- Seek a corrected police report if the original contains errors.
- Send disputes via certified mail and keep delivery receipts.
- Use the NH Insurance Department’s complaint form: nh.gov/insurance/complaints.
- Note NH RSA 417’s prohibition on unfair claims practices.
- Consider mediation or appraisal clauses in your policy.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.