Detailed Answer
Hypothetical fact pattern: You were injured in a car crash in New Hampshire. Medical bills, future care estimates, and lost wages support a claim worth roughly $25,000. After months of negotiation the insurer sends a so-called “final” offer of $7,500 and tells you it will not increase that amount. What can you do next?
This answer explains practical next steps under New Hampshire practice and the typical legal options that claimants use when an insurer refuses to raise a final offer. This is educational information only and not legal advice.
Immediate practical steps
- Do not sign any release or settlement agreement immediately. A release usually ends your right to pursue more money later. Ask the insurer for the exact written release they want you to sign and give it to an attorney before you sign it.
- Gather and organize documentation. Put together medical records, bills, proof of lost income, photos, repair estimates, and any police reports. Clear documentation strengthens your position in further negotiations or in court.
- Send a focused demand letter (if you haven’t already). A short, evidence-backed demand that explains your damages and the legal basis for liability can prompt further review. Set a reasonable deadline for response (for example, 14–21 days).
Options if the insurer still refuses to increase the offer
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Request a claim file re-review or supervisor review.
Ask the insurer in writing to escalate your file to a supervisor or to their claims review unit. Sometimes higher-level adjusters or in-house counsel will revisit the valuation when presented with clear supporting evidence.
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Consider mediation or alternative dispute resolution.
Mediation is a neutral process in which a mediator helps both sides reach a settlement. Courts and insurers often use mediation to resolve cases faster and at lower cost than litigation. If the insurer agrees to mediation, you control whether to accept any resulting offer.
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Use appraisal or independent review for property claims.
If this is a first-party property claim (e.g., house or auto damage), your policy may include an appraisal clause that lets each side select an appraiser and, if needed, an umpire. Appraisal resolves the amount of loss, not liability.
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File a consumer complaint with the New Hampshire Insurance Department.
If you suspect the insurer is acting unfairly, you may file a complaint with the state regulator. The Department can investigate unfair claims handling and may intervene or issue guidance to the insurer. You can learn about the complaint process here: NH Insurance Department — Filing a Complaint.
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Talk to a New Hampshire attorney about filing suit.
If settlement talks fail, filing a lawsuit may be necessary. A lawsuit gives you formal discovery (document requests, depositions) and court enforcement powers. A lawyer can assess whether to sue for breach of contract, negligence, or other claims, and can explain litigation costs and timelines.
What to expect in litigation
If you file suit in New Hampshire, litigation typically includes pleadings, discovery, motions, and either a trial or settlement. Litigation can increase pressure on the insurer to increase its offer because discovery may disclose the insurer’s claims file, reserves, and internal evaluations. Keep in mind litigation takes time, and there are costs and risks on both sides.
Because procedures and remedies can differ depending on the type of claim (first-party property, third-party bodily injury, uninsured motorist, etc.), an attorney can identify the best legal theory and the right forum for your claim.
When you might have a bad-faith claim
In some situations an insurer’s behavior may be more than a low offer—if the insurer refuses to pay a valid claim, intentionally misrepresents policy terms, or fails to investigate, you may have a bad-faith or unfair-practice issue. State law and court decisions control what counts as bad faith. The New Hampshire Insurance Department handles consumer complaints and may take action if an insurer violates state insurance rules: NH Insurance Department — Consumer Complaints.
Whether you can recover extra money (for example, punitive damages or attorney fees) depends on the facts and the applicable law. Consult a New Hampshire attorney to evaluate whether bad faith or other extra-contractual claims apply in your case.
How a lawyer can help
- Review the insurer’s final offer and the release language before you sign.
- Prepare a stronger demand or present a settlement package to the insurer that highlights liability, damages, and legal exposure.
- File suit and handle discovery to uncover the insurer’s claim file and internal communications.
- Advise on timing—when to accept a reasonable offer and when to proceed to litigation.
Important: An attorney will explain likely costs, fees, and recovery prospects for your claim, including whether your attorney’s fees are recoverable under the policy or by statute in New Hampshire.
Disclaimer: This article is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed New Hampshire attorney.
Helpful Links
Helpful Hints
- Keep every bill, receipt, and medical record in one folder or scanned file. Organized evidence reduces delays and strengthens your case.
- Never accept or sign a settlement release without reviewing it with a lawyer if you have significant injuries or damages.
- Ask the insurer for a written explanation if they call an offer “final.” A written explanation can be used later in negotiations or in a complaint to the regulator.
- Use a short, evidence-based deadline in any demand letter to create momentum (for example, 14 days).
- If you have limited damages (small dollar claims), consider small claims court or mediation to avoid litigation costs.
- Filing a complaint with the NH Insurance Department does not prevent you from filing suit. It can run in parallel and sometimes prompts settlement.
If you want, provide a few basic facts about your claim (injuries, estimated damages, whether the insurer calls the offer “final,” and whether you signed anything). I can then outline the likely next steps specifically for your situation and what questions to ask a New Hampshire attorney.
Reminder: This information is general and educational and does not substitute for legal advice from a licensed attorney.