Short answer

If you disagree with an insurer’s final settlement offer after an injury, you have several options under New Hampshire practice: ask for a clear written explanation of the offer, send a written counteroffer or demand letter with supporting records, use any appraisal or arbitration clauses in your policy, file a complaint with the New Hampshire Insurance Department, try mediation, or file a lawsuit before the state’s deadline to sue. Which route makes the most sense depends on your policy language, the strength of your medical and other evidence, whether the offer is for property or bodily injury, and timing.

Detailed answer: step-by-step process to contest a final offer

1. Don’t sign anything or accept the check right away

Signing a release or cashing a settlement check typically ends your right to pursue more money later for the same injury. If you are unsure whether the offer fully compensates you, preserve your rights by refusing to sign until you have reviewed the offer with your medical records or an attorney.

2. Request a written explanation

Ask the adjuster (in writing) to explain how the insurer calculated the “final” offer. Request the details used to value medical bills, lost wages, future care, and non‑economic losses (pain and suffering). Get the insurer’s file notes, recorded statements, and any reports it relied on.

3. Assemble and organize your evidence

Collect medical records, itemized bills, receipts, employer wage statements, photographs, witness statements, and proof of any property damage. Organized documentation strengthens a counteroffer and any later claim.

4. Send a formal written counteroffer or demand letter

Prepare a concise written demand that summarizes your injuries, treatment, expenses, lost income, and why the insurer’s figure is too low. Attach key records and state a specific monetary number and a deadline for response (commonly 10–30 days). Keep tone factual and professional.

5. Check your insurance policy for appraisal or arbitration clauses

Some auto and property policies include an appraisal process or mandatory arbitration for disputes about value. If your policy contains such a clause and the disagreement is about valuation, you may be able to trigger appraisal or arbitration rather than litigating in court. Read the policy language carefully and follow its procedures (written notice, timelines, selection of appraisers/arbitrators).

6. Consider alternative dispute resolution (mediation)

Mediation is a voluntary, often faster, and less expensive way to resolve disputes. Parties meet with a neutral mediator who helps negotiate a settlement. Either party can propose mediation; insurers often accept it when a case has a reasonable chance of settlement.

7. File a complaint with the New Hampshire Insurance Department

If you believe the insurer violated state insurance rules, unreasonably delayed, or denied coverage improperly, you can file a consumer complaint with the New Hampshire Insurance Department. The Department can investigate company practices and may assist in resolving disputes. See the Department’s consumer information and complaint page: https://www.nh.gov/insurance/.

8. Prepare to sue—and watch the deadline

If negotiation, appraisal, arbitration, and regulatory complaints fail, you can file a civil lawsuit (a personal injury or breach of contract action) against the at-fault party or, in some circumstances, bring a bad‑faith or extra-contractual claim against the insurer. Make sure you file before New Hampshire’s statute of limitations for personal injury claims runs (time limits can bar your right to sue). For general information about New Hampshire statutes and time limits, consult the New Hampshire Revised Statutes: https://www.gencourt.state.nh.us/rsa/html/ and the New Hampshire court system’s self-help materials: https://www.courts.state.nh.us/.

9. When to hire an attorney

Retain an attorney if: your injuries are serious or permanent, the insurer questions liability, the insurer makes a lowball final offer, complex future medical costs and lost earning capacity are at issue, or you consider filing suit. A lawyer can evaluate damages, prepare a demand package, handle communications, advise on releases, and file suit if needed. Most personal injury attorneys work on contingency (they get paid only if you recover money).

10. Preserve evidence and document communications

Keep all correspondence, take photos of injuries and accident scenes, save medical records and bills, and keep a contemporaneous journal of symptoms and limitations. Record dates of phone calls and the name and title of any person you speak with at the insurer.

11. Be cautious with releases and “final offer” language

Insurance companies sometimes call an offer “final.” That label is persuasive, not always conclusive. Before signing any release, confirm the release’s language: does it discharge only the insurer, both the insurer and the at-fault party, or related claims? Does it include future medical care or only past bills? If ambiguous or broad, get advice before signing.

12. Bad‑faith or extra‑contractual claims

In some situations, an insurer’s unreasonable or dishonest handling of a claim can support an extra-contractual claim (often called bad faith). Whether a bad‑faith claim applies depends on the insurer’s conduct and New Hampshire law and cases. Discuss this possibility with counsel; an attorney can evaluate whether the insurer’s conduct was simply aggressive negotiation or legally actionable misconduct.

Helpful hints

• Do not sign a full release or cash a settlement check marked “final” until you are sure the settlement covers all current and reasonably foreseeable future needs.
• Get all offers and justifications in writing. Verbal promises are hard to enforce.
• Ask for a time-stamped itemized breakdown showing how the insurer calculated the offer.
• Use a clear, numbered demand letter that organizes medical bills, lost wages, and non-economic damages for easy review by the adjuster.
• If the dispute concerns valuation (not liability), review your policy for an appraisal clause and follow it strictly if you choose that route.
• File a complaint with the New Hampshire Insurance Department if you suspect unfair practices: https://www.nh.gov/insurance/
• Keep litigation deadlines in mind. If you are near the deadline to sue, consult an attorney quickly to avoid losing your right to bring a case.
• Consider mediation early—cost is usually lower than litigation and it often speeds resolution.
• Photograph injuries and accident scenes as soon as possible and preserve damaged property in case of inspection.
• Talk to a personal injury attorney for a free or low-cost case evaluation if you are unsure whether the final offer is fair.