Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address the specifics of your situation.
Detailed Answer
When you file a personal injury claim in New Hampshire, the insurance adjuster’s first settlement proposal often represents the insurer’s starting point—not the full value of your damages. Preparing and presenting a counteroffer can prompt constructive negotiations and move you closer to fair compensation.
Why Counteroffers Matter
- Initial Offers Are Typically Low: Adjusters may start with a low-ball figure to test your willingness to settle quickly.
- Demonstrates Claim Value: A detailed counteroffer shows you understand and can document your economic losses (medical bills, lost wages) and non-economic losses (pain and suffering).
- Triggers Further Negotiation: An insurer must respond to your counteroffer rather than simply rescind settlement talks.
Steps to Prepare a Counteroffer
- Review the Initial Proposal
Carefully compare the amount offered against your documented expenses. Note any omissions, such as future medical care or lost earning capacity. - Gather Supporting Documentation
Include itemized medical records, billing statements, wage verification, and photographs of injuries or property damage. - Calculate Your Claim Value
Total your economic damages. Then assign a reasonable figure for non-economic losses based on the severity of injuries and impact on daily life. - Draft a Written Counteroffer
State your proposed settlement amount, attach supporting documents, and cite legal or factual bases for higher valuation. Keep the tone professional and concise. - Reference Unfair Settlement Practices
Under New Hampshire law, insurers must conduct good-faith negotiations and avoid unfair practices. See RSA 417:6 (Unfair Claim Settlement Practices). - Send via Certified Mail
Obtain proof of delivery to establish a clear record in case of future disputes.
What to Expect Next
Once the insurer receives your counteroffer, the adjuster should review the documentation and respond with an acceptance, rejection, or further negotiation. If negotiations stall, you may consider mediation or filing a lawsuit before the statute of limitations expires (three years for personal injury under RSA 507:4, Limitation of Actions).
Helpful Hints
- Maintain detailed records of all correspondence and medical care.
- Be realistic but firm in your valuation of non-economic losses.
- Avoid discussing potential future claims beyond current injuries.
- Never sign a release or cash a check before you’re fully satisfied with the settlement amount.
- Consider having an attorney review your counteroffer if the claim value is substantial.
- Stay aware of all deadlines, including New Hampshire’s three-year statute of limitations for personal injury actions.