Disclaimer
This article is for educational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a qualified attorney licensed in New Hampshire.
Detailed Answer
In New Hampshire, persuading the at-fault party’s insurer to accept liability for your injuries starts with a clear, organized approach. Follow these steps:
1. Promptly Notify the Insurer
Under RSA 264:14, you must give written notice of a claim within a reasonable time after the accident (RSA 264:14). Include the date, time, location, and details of injuries. Early notice prevents the insurer from arguing prejudice due to delay.
2. Gather and Preserve Evidence
Document the scene with photos and videos. Obtain police reports, witness statements, and medical records. A strong evidentiary record makes it harder for the insurer to deny liability.
3. Submit a Demand Package
Compile a demand letter detailing the accident, your injuries, treatment costs, and lost wages. Attach supporting documentation: medical bills, expert reports, and repair estimates. Cite relevant provisions of the at-fault driver’s policy under RSA 264:7 (RSA 264:7).
4. Cooperate Without Over-Extending
Under the policy’s cooperation clause (often based on RSA 264:15-b), you must assist with investigations and examinations. Respond to reasonable requests for information. However, avoid unscheduled statements—consult your attorney first.
5. Challenge Unreasonable Denials
If the insurer denies or delays payment without justification, it may violate New Hampshire’s Unfair Claims Settlement Practices Act (RSA 417:14). You can file a complaint with the New Hampshire Insurance Department or seek a judicial remedy under the Declaratory Judgment Act (RSA 547:7, RSA 547:7).
6. Consider Mediation or Small Claims
Before filing a lawsuit, propose mediation. Many insurers prefer to resolve claims outside court. If your damages are under $25,000, you can use the New Hampshire Small Claims Court for a faster, less formal process.
By following these steps—timely notice, thorough documentation, a clear demand, and strategic challenges—you increase the likelihood that the at-fault driver’s insurer will accept liability for your injuries under New Hampshire law.
Helpful Hints
- Keep a detailed injury diary to track pain levels and recovery milestones.
- Requests for recorded statements: politely decline until your attorney is present.
- Obtain copies of all correspondence—emails, letters, and adjuster notes.
- Stay organized: use folders (physical or digital) for each evidence type.
- If an insurer stalls, contact the New Hampshire Insurance Department for guidance.