Detailed Answer
Negotiating a personal injury settlement after a car accident in New Hampshire starts with understanding key state laws and preparing a strong case. First, note that you must file a lawsuit within three years of the accident. See NH RSA 508:4 for the statute of limitations. Missing this deadline can bar you from recovery.
Next, calculate your damages. Include economic losses (medical expenses, lost wages, vehicle repair) and non-economic losses (pain and suffering). Back each category with documentation: medical records, invoices and pay stubs. Insurance companies respond to numbers, not emotions.
Understand New Hampshire’s comparative negligence rule. Under NH RSA 507:7, the court reduces your recovery by your percentage of fault. If you were 20% at fault for a $50,000 injury, you recover $40,000. Anticipate insurer arguments on your share of fault and prepare counter-evidence: photos, witness statements and accident reports from the New Hampshire State Police.
Draft a clear, concise settlement demand letter. Summarize facts, outline injuries, attach evidence and state a specific monetary demand. Explain deadlines and cite state law where appropriate. A well-organized demand letter shows you know your rights and puts pressure on the insurer to negotiate in good faith.
Be ready to use alternative dispute resolution (ADR). Mediation can resolve claims faster and at lower cost than a trial. New Hampshire courts encourage ADR, and insurers often prefer it to litigation expenses.
Finally, set realistic goals. Research comparable verdicts in New Hampshire. Stay firm on critical demands and be willing to compromise on minor points. Document all communications and avoid making recorded statements without reviewing them first.
Disclaimer: This article provides general information under New Hampshire law and does not constitute legal advice. Consult a qualified attorney before making decisions about your case.
Helpful Hints
- Organize all medical and repair bills in a single file.
- Keep a daily journal of pain levels and activity limitations.
- Obtain and review the official crash report from the New Hampshire State Police.
- Photograph vehicle damage, road conditions and injury progression.
- Prepare a spreadsheet to calculate total economic and non-economic damages.
- Send your demand letter via certified mail and track delivery.
- Consider informal settlement conferences before filing suit.
- Consult an attorney if the insurer undervalues your claim or disputes liability.