Disclaimer: This article explains general options under New Hampshire practice and law and is educational only. It does not create an attorney‑client relationship and is not legal advice. If you need legal advice about your specific situation, consult a licensed New Hampshire attorney.

Detailed answer: steps you can take when an insurance offer falls short

If the insurer’s highest offer won’t fully cover your medical treatment and lost wages, you have several practical and legal options in New Hampshire. Choose the path that fits the facts: how much you’re owed, the reason the insurer gave for a low offer, the policy limits, and how long it will take to finish treatment and document your losses.

1. Confirm the insurer’s basis for the offer

   Ask for a written explanation of the settlement breakdown. Insurers should show how they calculated payments for medical bills, future care estimates, wage loss, and any offsets or liens. Request copies of any reports, medical reviews, or wage verifications the company used.

2. Improve your documentation before further negotiation

   Compile a clear demand package that supports a higher settlement:

   • Medical records and itemized bills.
   • Physician statements about required future care and prognosis.
   • Employer pay stubs, a letter from your employer confirming lost time, and tax returns if needed to verify lost earnings.
   • Receipts for out‑of‑pocket expenses (transportation, prescriptions, childcare).
   • Photographs of injuries, accident reports, witness contact info, and a written diary of pain and limitations.

   Send a firm, itemized demand letter that explains the damages you seek and attaches supporting documents.

3. Try alternative dispute resolution: mediation or appraisal

   Mediation often helps when both sides can’t agree on value. Many policies and courts encourage mediation. If your policy contains an appraisal clause for disputes over the value of losses (more common in property claims), follow the policy’s appraisal procedures.

4. Check whether other coverages apply (UM/UIM, excess policies, wage replacement benefits)

   Review all possibly available policies: uninsured/underinsured motorist (UM/UIM), your own medical payment coverage, employer wage benefit plans, or a responsible third party’s liability policy with higher limits. An underinsured motorist claim (if available) might give you access to additional funds beyond the at‑fault driver’s limits.

5. File a lawsuit if negotiation fails

   If the insurer won’t pay a fair amount and you can prove legal liability for your damages, you can sue the at‑fault party (or sometimes the insurer). A lawsuit forces discovery and can lead to settlement, trial, or a favorable resolution. Keep statute of limitations deadlines in mind—civil deadlines limit how long you have to file. For more information on New Hampshire court procedures, see the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.

6. Consider small claims court for smaller sums

   If your net claim fits the small claims limits, filing in small claims court can be quicker and less expensive than a full civil suit. Check the New Hampshire Courts site for small claims process and forms: NH Small Claims.

7. File a consumer complaint with the New Hampshire Insurance Department

   If you suspect unfair claim handling, you can submit a complaint to the New Hampshire Insurance Department’s Consumer Services Division. They can investigate unfair practices and sometimes prompt an insurer to re‑evaluate a claim: NH Insurance Department – File a Complaint.

8. Hire a New Hampshire attorney

   An attorney who handles insurance claims or personal injury can evaluate liability, damages, policy limits, and whether the insurer acted in bad faith. An attorney can negotiate, handle litigation, or refer you to local counsel with trial experience. If the additional recovery exceeds the cost of representation, hiring counsel often improves outcomes.

9. Understand medical liens and subrogation

   Health insurers, Medicare/Medicaid, or medical providers may have liens or rights to reimbursement from your settlement. Identify those early so you can negotiate how much the insurer must pay and what remains for you. Also confirm whether your health plan has a subrogation claim against the settlement.

10. Evaluate structured settlement or partial releases

    In some cases you can accept a partial lump sum and preserve unresolved future claims, or use a structured settlement to get future payments for ongoing care. Discuss the options with counsel and your providers.

How to choose the best option for your situation

Answer these questions to pick a path:

• How large is your documented medical and wage loss?
• Are you still treating, or is treatment complete?
• What are the policy limits and are multiple policies available?
• Do you believe the insurer acted unfairly or in bad faith?
• Do the potential recovery and deadline to sue justify hiring an attorney?

If the numbers are small and the evidence is clear, a demand letter, mediation, or small claims action may work. If the claim involves significant future care, large wage loss, or contested liability, an attorney and litigation may be appropriate.

Helpful hints

• Keep written records of every call, email, and settlement offer.
• Get a detailed, current prognosis from your treating physician before final settlement negotiations.
• Ask the insurer to itemize and explain any offsets, liens, or denials in writing.
• Do not sign a full release until you are certain it covers all past and future claims tied to the injury.
• File a consumer complaint with the New Hampshire Insurance Department if the insurer won’t justify its position: https://www.nh.gov/insurance/consumers/complaints/index.htm.
• If you plan to sue, preserve evidence: medical records, employment records, and photographs.
• Ask about cost arrangements before hiring an attorney. Many injury lawyers work on contingency (they get paid only if you recover).
• Use the New Hampshire Courts website to learn how to file in small claims or civil court: https://www.courts.state.nh.us/court-nh/civil/small-claims/index.htm.