If an insurance adjuster disputes that your medical treatment relates to your New Hampshire car accident, you need to act quickly to protect your claim. This guide explains practical steps under New Hampshire law, from gathering evidence to appealing the adjuster’s decision.
Understand Why the Adjuster Denied Your Treatment
Adjusters may question causation if your records lack clear links between your injuries and the crash. They look for gaps in treatment, pre-existing conditions, or missing documentation. Knowing their concerns helps you respond effectively.
Step 1: Collect and Organize Your Medical Documentation
Obtain detailed records from every provider who treated you after the accident, including:
- Emergency room notes
- Diagnostic imaging reports (X-rays, MRIs)
- Physical therapy and chiropractic visit summaries
- Itemized billing statements
Citing precise dates and descriptions strengthens your position.
Step 2: Secure a Treating Physician’s Statement
Ask your primary treating doctor or specialist for a signed letter or affidavit stating that your accident directly caused your injuries and necessitated each treatment. A firsthand medical opinion carries weight with insurers.
Step 3: Request an Independent Medical Examination (IME)
If the insurer challenges your doctor’s opinion, you can agree to an IME. Choose a qualified specialist who can evaluate your condition and provide an impartial report.
Step 4: File a Formal Appeal with the Insurer
Most insurance policies allow internal appeals. Submit your organized records, doctor’s statement, and any additional evidence. Clearly state why the treatment is related to the accident and request a reconsideration in writing.
Step 5: Contact the New Hampshire Insurance Department
If your appeal fails, you can file a consumer complaint with the NH Insurance Department. The Department reviews unfair claim practices under NH RSA 408:4 and may intervene on your behalf. Visit nh.gov/insurance to learn how to submit a complaint.
Step 6: Know Your Legal Deadlines
Under NH RSA 508:4, you generally have three years from the accident date to file a lawsuit for personal injuries. Missing this deadline usually means you lose your right to sue.
Relevant New Hampshire Statutes
- NH RSA 408:4 — Prohibits unfair claim settlement practices by insurers.
- NH RSA 508:4 — Sets a three-year statute of limitations for personal injury suits.
Disclaimer: This article provides general information only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.
Helpful Hints
- Maintain a calendar of all treatments and adjuster communications.
- Submit medical bills and records promptly after each visit.
- Ask your provider to use diagnostic codes that match your crash injuries.
- Keep copies of every letter, email, and call log with the insurer.
- Act early to preserve your right to file a lawsuit under NH RSA 508:4.