Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Confirm At-Fault Coverage Is Exhausted
First, request a written statement from the at-fault driver’s insurer confirming their policy limits are paid in full. That letter serves as proof you’ve exhausted their coverage.
2. Use Your Own Rental Reimbursement Coverage
If you purchased rental reimbursement (also called loss-of-use) as part of your auto policy, file a claim directly with your insurer. Provide:
- A copy of the paid-at-fault insurer’s exhaustion letter
- Rental car receipts showing dates and daily rates
- A declaration page listing your rental reimbursement limits
Your insurer will pay up to your policy limits for a reasonable replacement car. Check your declarations page for per-day and total limits.
3. File an Underinsured Motorist (UIM) Claim
If you have underinsured motorist coverage, you can tap that benefit once the at-fault policy is exhausted. New Hampshire’s UIM law defines underinsured coverage under RSA 264:15-a (RSA 264:15-a). Steps:
- Notify your insurer in writing that you demand UIM benefits.
- Submit proof of your damages, including rental receipts.
- Negotiate with your insurer or pursue appraisal if limits dispute arises.
4. Direct Claim for Loss-of-Use Against the Driver
If you lack rental coverage or UIM, you can pursue the at-fault driver directly for loss-of-use as a property damage claim. To do so:
- Send a demand letter outlining your rental costs and attaching receipts.
- Explain you seek reimbursement for the time your vehicle was unavailable.
- Highlight that reasonable rental rates are recoverable under New Hampshire tort law.
If the driver has no assets or insurance left, you may obtain a judgment but face collection challenges. Consider consulting counsel before filing suit.
5. Consider Small Claims Court
For rental bills under $10,000, file in New Hampshire Small Claims Court. The process is informal and cost-effective. Check local court rules for limits and filing fees.
Helpful Hints
- Review your own policy for rental reimbursement and UIM limits before an accident.
- Keep all rental car agreements, odometer readings, and return date records.
- Obtain a letter from the at-fault insurer promptly to document exhaustion.
- Compare rental rates to ensure reasonableness—excessive daily charges may be challenged.
- Log phone calls and emails with insurers and the at-fault driver for your file.
- Act quickly: many policies require notice within days of the accident.