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Manchester Personal Injury Attorney / Blog / Car Accidents / Can You File a Car Accident Claim with Your Own Insurance Company in New Hampshire?

Can You File a Car Accident Claim with Your Own Insurance Company in New Hampshire?


Seeking compensation for your injury following a car crash can be tricky. You are required to prove that the other party was at fault for causing the accident to get compensated for your medical expenses, loss of income, and other damages.

But can you make things easier for yourself by filing a first-party claim with your auto insurance company? Can you file car accident claims with your own insurer in an at-fault state such as New Hampshire?

If you want to avoid complications and formal complexities, it is advised to hire a Manchester car accident lawyer to help you navigate the insurance claims process and fight for the compensation you deserve.

Can You File First-Party Car Accident Claims in New Hampshire?

So, can you actually file a car accident claim with your own insurance company in New Hampshire? While NH is an at-fault insurance state, it does permit filing claims with your own auto insurer to seek compensation following a car crash.

Whether or not you are allowed to pursue a claim with your own insurer depends on the type of your policy.

If you have collision coverage, you could have your property damage handled by your own insurance company. Your insurance company will then seek reimbursement from the at-fault driver’s insurance company.

Additionally, car drivers in New Hampshire purchase Medical Payment Coverage (MedPay) which provides monetary compensation to you and other occupants of an insured vehicle. This coverage is limited to out-of-pocket medical expenses.

Finally, if your auto insurance coverage includes an uninsured and underinsured motorist insurance (UM/UIM) plan, you can file claims with your own insurer when you are unable to pursue claims against the at-fault, uninsured driver. For example, if the at-fault driver is uninsured, does not have sufficient coverage to pay your damages, or you were hurt in a hit-and-run accident, you may be able to recover damages through your UM/UIM policy.

According to the New Hampshire’s Insurance Department, you can file a claim with your own insurance company (a first-party claim) or the at-fault party’s insurer (a third-party claim).

Things to Consider When Filing a First-Party Claim with Your Insurance Company

Before you proceed with the claims process, you should consider several pros and cons of filing a claim with your own insurer:

  • By filing a first-party claim with your insurer, you may be required to pay a deductible under your policy. However, if the other driver is found to be at fault, your insurance company will reimburse you after it receives payment from the at-fault driver’s insurer.
  • Filing a car accident claim with your own insurance company allows you to avoid having to communicate with the at-fault party’s insurer. However, filing a third-party claim against the at-fault driver’s insurer allows you to hold them liable for your damages and losses. Moreover, if the other party has adequate insurance, a claim against the at-fault party will be the only way to recover for damages such as pain and suffering, scarring, and lost wages – none of which is covered by MedPay. Additionally, in many instances the medical bills far exceed the available MedPay coverage – which is often limited to only $1,000.00.

If you were involved in a vehicle crash, you may want to consult with a car accident attorney to determine whether you should file a first-party or third-party claim in your particular case. Contact a Manchester car accident lawyer at the Law Office of Manning Zimmerman & Oliveira PLLC to learn about your options. Call at 603-624-7200 to schedule a case evaluation.

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