Detailed Answer
Under New Hampshire law, drivers must carry liability insurance that covers bodily injury and property damage. See RSA 264:29. When you’re injured in a crash caused by another driver, you need the at-fault party’s insurer to accept liability so your medical bills get paid.
Here’s how to maximize your chance of success:
- Gather Thorough Documentation. Obtain a certified copy of the police report, all medical records, itemized bills and doctor summaries. This evidence shows the insurer exactly what you’re claiming.
- Provide Timely Written Notice. Send a detailed claim letter to the at-fault insurer as soon as possible. Include the accident date, your injuries and itemized expenses. Under New Hampshire’s Unfair Claims Settlement Practices (RSA 408-D:16), an insurer must acknowledge or deny receipt of a claim within 15 days of getting proof of loss.
- Follow Up Promptly. Keep records of every phone call and email. If the insurer requests additional records or medical authorizations, respond quickly. Delays on your part can lead to a denial or delay in coverage.
- Invoke Statutory Remedies if Necessary. If the insurer unreasonably denies or delays payment, you can file a complaint with the New Hampshire Insurance Department (NH DOI). You may also consider a lawsuit before the three-year statute of limitations expires under RSA 508:4.
- Explore Medical Liens. If you lack health insurance, certain providers can place a lien on any recovery you get from the at-fault driver. See RSA 559:16 for hospital liens.
Helpful Hints
- Request a complete copy of your medical file, not just bills.
- Send all correspondence via certified mail with return receipt.
- Keep a detailed log of all medical appointments and related travel expenses.
- Consider securing a written opinion from your treating physician linking your treatment to the crash.
- Consult an attorney if the insurer refuses to accept liability or underpays your claim.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.