Detailed Answer

This FAQ explains the practical steps to challenge a low settlement offer from an insurance company after an accident in New Hampshire. It explains how the process normally works, what options you have, and where to get help. This is general information only and not legal advice. For advice about your specific situation, consult a licensed New Hampshire attorney.

1. First check the basics: policy, offer, and deadlines

Start by reviewing your insurance policy and the insurer’s written offer. Note any deadlines in the offer and preserve all documents. Policies often contain clauses about appraisal, mediation, or arbitration that can limit or expand dispute options. Also check whether the offer is full and final (a release) — signing a release usually ends your right to ask for more money.

2. Assemble the evidence that proves your claim

• Medical records and bills showing diagnoses, treatments, and costs.
• Proof of lost wages and other out-of-pocket expenses.
• Photos of the accident scene, damage, and your injuries.
• Police reports, witness statements, and repair estimates.
• A written chronology of symptoms and treatment dates.

3. Send a clear, written demand (or have an attorney do it)

Before escalating, send a written demand that explains why the offer is insufficient. Include a concise damage summary (medical costs, lost wages, pain and suffering estimate) and attach supporting documents. State a specific settlement figure and a deadline to respond. Insurers sometimes increase offers after a well-supported demand.

4. Use the insurer’s internal appeals and the New Hampshire Department of Insurance

If the insurer refuses to improve the offer, ask for a supervisor review or an internal appeal. If you believe the insurer engaged in unfair claim handling, you can file a complaint with the New Hampshire Department of Insurance (NH DOI). The NH DOI can investigate consumer complaints about claim handling and unfair settlement practices and can be reached through its consumer complaint page: https://www.nh.gov/insurance/consumer/complaints/index.htm. The state’s statutes and regulations that govern insurance practices are published on the New Hampshire General Court website: https://www.gencourt.state.nh.us/rsa/html/NHindex.html.

5. Consider alternative dispute resolution in your policy

Many insurance policies include an appraisal clause (common for property damage) or an arbitration clause (more common in certain liability or UM/UIM claims). Appraisal resolves the value of the damage; arbitration can resolve liability and damages. These processes are typically faster and less formal than court, but they may limit rights like appeals and discovery. Carefully read your policy or ask an attorney whether appraisal or arbitration applies to your claim.

6. When to hire an attorney

Consider hiring a New Hampshire personal injury attorney when:

• Your injuries are serious, permanent, or require ongoing care.
• The offer is far below documented damages.
• Liability is disputed and additional investigation is needed.
• There are complicated issues (multiple insurers, uninsured/underinsured motorist coverage, or subrogation liens).
• You want help with appraisal, arbitration, or litigation.

An attorney can send a demand, negotiate, evaluate non-economic damages (pain and suffering), and file suit if necessary.

7. Filing a lawsuit: last resort

If negotiations and state complaint procedures fail, you can file a civil lawsuit against the at-fault party (not the insurer that is only defending or paying under its policy). Litigation forces formal discovery and can lead to a jury or bench trial. Filing suit has fixed deadlines called statutes of limitations. To learn more about New Hampshire statutes and timing rules, consult the New Hampshire statutes index at the General Court website: https://www.gencourt.state.nh.us/rsa/html/NHindex.html, and consider speaking with a New Hampshire attorney promptly so you do not miss deadlines.

8. What to expect on timeline and costs

Appeals and negotiations may take weeks to months. Appraisal or arbitration may take a few months. Litigation can take one year or more. Many personal injury attorneys work on contingency (they collect a percentage of the recovery if you win), which can reduce up-front costs. Ask any attorney about their fee structure and likely expenses before you agree to representation.

9. Common insurer tactics and how to respond

• Early lowball offers: Decline until you know the full extent of treatment and prognosis.
• Requests for recorded statements: Politely decline without counsel; provide a written statement if requested.
• Asking you to sign a broad medical release: Limit releases to relevant providers and timeframes; consult an attorney first.
• Delaying tactics: Document communication and use NH DOI complaint if needed.

Disclaimer

This article explains general New Hampshire procedures and options but is not legal advice. It does not create an attorney-client relationship. For advice about your facts, contact a licensed New Hampshire attorney.

Helpful Hints

• Keep all communications in writing and save emails, letters, and voicemail dates.
• Get medical treatment promptly and follow your provider’s instructions — delays can reduce claim value.
• Document every expense related to the accident (receipts, invoices, mileage).
• Don’t sign a full release or accept a “final” payment until you’re sure it covers all present and future costs.
• Ask whether your insurer uses appraisal or arbitration before proceeding; those processes can change strategy.
• If an insurer’s behavior seems unfair, file a complaint with the NH Department of Insurance: https://www.nh.gov/insurance/consumer/complaints/index.htm.
• Check New Hampshire statutes and court rules when considering litigation: https://www.gencourt.state.nh.us/rsa/html/NHindex.html.
• Consult a New Hampshire attorney early if injuries are significant or if liability is contested.