Detailed Answer
After a car collision, you expect prompt and fair treatment. However, insurers sometimes delay or deny valid claims. Under New Hampshire law, these tactics may violate the state’s unfair claim settlement practices statute. You can take several steps to challenge improper actions and secure the benefits you paid for.
Understanding Delay and Denial Tactics
Common tactics include unreasonable requests for documentation, unexplained delays in acknowledging claims, lowball settlement offers, and outright denials without clear reasons. Recognizing these patterns helps you respond effectively.
Relevant New Hampshire Law
New Hampshire prohibits unfair claims settlement practices under RSA 417:6. This statute forbids misrepresentation and unreasonable delays in claim processing.
Time limits to file a lawsuit depend on your claim type. For negligence-based auto damage, the tort statute of limitations is three years per RSA 507:4.
Steps to Challenge Delay or Denial
- Document Everything. Save all correspondence, estimates, repair invoices, and photos of damage.
- Send a Proof of Loss Letter. Formally outline your claim details, reference your policy number, and cite the relevant policy provisions.
- Request a Written Explanation. Ask your insurer in writing to provide the specific reasons for any denial or delay.
- File a Complaint with the New Hampshire Insurance Department. Submit a complaint online at nh.gov/insurance/complaints.
- Invoke Appraisal or Mediation. Review your policy’s appraisal or alternative dispute resolution clause for binding or nonbinding options.
- Consider Legal Action. If necessary, file a claim in superior court before the applicable deadline.
Helpful Hints
- Mail letters and documents via certified mail with return receipt requested.
- Keep a written log of all phone calls, including date, time, and the representative’s name.
- Take clear photographs of vehicle damage and the accident scene.
- Consult an independent appraiser to assess the full scope of damage.
- Carefully review your insurance policy for clauses on timelines, notices, and dispute resolution.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for advice about your specific situation.