Detailed Answer
When a New Hampshire auto crash injures both your vehicle and your person, you can pursue compensation for property damage independently of any bodily injury claim. Under NH law, insurers handle property damage (PD) and bodily injury (BI) as separate categories.
1. Preserve Key Evidence
Collect photos of vehicle damage, accident scene, skid marks and road conditions. Obtain a copy of the police report. Keep all repair bills, towing receipts and rental invoices.
2. Report the Crash Promptly
File a police report immediately. In NH, any crash causing over $1,000 of damage requires a report to law enforcement. A timely report strengthens your claim.
3. Notify Both Insurers
Under NH’s financial responsibility law (RSA 264:21), every driver must maintain at least $25,000 in PD liability coverage. Notify your insurer and the at-fault driver’s insurer. Clearly state you intend to pursue a separate PD claim.
4. Obtain and Submit Repair Estimates
Get at least two written repair estimates from licensed auto shops. Submit them with photos, the police report and any rental car invoices to the at-fault insurer.
5. Send a Written Demand
If the insurer underpays or delays, send a formal demand letter. Include your estimate, total out-of-pocket costs and a deadline to respond, typically 30 days.
6. File in Small Claims or Superior Court
For PD losses up to $10,000, file in NH’s conciliation (small claims) court per RSA 547:1. For claims above $10,000, bring suit in superior court. Court action lets you secure a judgment if negotiations fail.
7. Mind the Statute of Limitations
Under RSA 508:4, you must file any property damage lawsuit within three years of the accident. Late filing may bar your claim.
Helpful Hints
- Keep a dedicated folder with all accident-related documents.
- Never sign a release combining PD and BI without separate damage breakdowns.
- Consider hiring an independent appraiser if insurer offers a low settlement.
- Check conciliation court filing fees and procedures online before filing.
- Consult a licensed NH attorney if liability is contested or your damages exceed small claims limits.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a licensed New Hampshire attorney.