Detailed Answer
When you sustain vehicle damage in New Hampshire, you can pursue compensation separately from any bodily injury claim. New Hampshire law treats property damage and personal injury as distinct claims. This separation lets you maximize recovery for repair costs or diminished value without affecting injury settlements.
Step 1: Report the Accident and Preserve Evidence
- Notify Law Enforcement: Call 911 or local police to file a report. A police report provides an official record of the accident.
- Document the Scene: Photograph vehicle damage, skid marks, road conditions, and any relevant signage.
- Gather Contact Information: Obtain names, addresses, insurance details, and vehicle information of all drivers and witnesses.
Step 2: File a Property Damage Claim with Insurance
Under your collision coverage or the at-fault driver’s liability policy, submit a property damage claim. Provide:
- A copy of the police report
- Repair estimates or invoices
- Vehicle rental receipts (if applicable)
Insurance companies typically handle property damage claims faster than bodily injury claims. You may receive payment based on actual cash value or repair costs.
Step 3: Track the Statute of Limitations
New Hampshire imposes a 3-year deadline for property damage actions. See NH RSA 508:4: RSA 508:4. You must file a lawsuit within 3 years of the accident date.
Step 4: File a Lawsuit if the Insurance Claim Fails
- Small Claims Court (≤ $10,000): For property damage up to $10,000, file in the District Division’s small claims docket per NH RSA 502-A:2: RSA 502-A:2.
- Superior Court (> $10,000): Claims exceeding $10,000 belong in Superior Court. File a complaint, pay the fee, and serve the defendant according to the rules.
- Mediation or Trial: The court may schedule mediation. If you can’t settle, present evidence at trial—photos, repair bills, expert reports on diminished value.
- Judgment and Collection: If successful, obtain a judgment. Use post-judgment remedies (garnishment, liens) to collect unpaid awards.
Helpful Hints
- Keep all repair invoices and correspondence organized.
- Obtain a diminished value appraisal if your vehicle lost market value.
- Consider hiring a property damage appraiser for complex losses.
- Understand that personal injury settlements do not automatically cover property damage.
- File your lawsuit early to avoid missing the 3-year deadline (RSA 508:4).
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.