Auto Accident Demand Letter - New Hampshire

DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION

STATE OF NEW HAMPSHIRE

PRIVILEGED AND CONFIDENTIAL
SETTLEMENT COMMUNICATION PURSUANT TO N.H. R. EVID. 408

[FIRM NAME]
[________________________________]
[________________________________]
[City], New Hampshire [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

DATE: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA ELECTRONIC MAIL

[________________________________]
[Adjuster Name]
[________________________________]
[Insurance Company Name]
[________________________________]
[Street Address]
[________________________________]
[City, State ZIP]

RE: SETTLEMENT DEMAND - MOTOR VEHICLE COLLISION
Our Client: [________________________________] (hereinafter "Claimant")
Date of Loss: [__/__/____]
Location of Accident: [________________________________]
Your Insured: [________________________________] (hereinafter "Tortfeasor")
Policy Number: [________________________________]
Claim Number: [________________________________]
Date of Birth: [__/__/____]
Age at Time of Accident: [____]

Dear [________________________________]:

This firm represents [________________________________] (hereinafter "Claimant") in connection with personal injuries and damages sustained in a motor vehicle collision that occurred on [__/__/____] in [________________________________] County, New Hampshire. This letter constitutes a formal demand for settlement of our client's claims arising from the negligence of your insured, [________________________________].

This demand is made pursuant to New Hampshire law and is intended as a settlement communication under New Hampshire Rule of Evidence 408.

I. NEW HAMPSHIRE LEGAL FRAMEWORK

A. Modified Comparative Fault (51% Bar) - RSA 507:7-d

New Hampshire follows a modified comparative fault system under RSA 507:7-d. The statute provides:

"Contributory fault shall not bar recovery in an action by any plaintiff or plaintiff's legal representative, to recover damages in tort for death, personal injury or property damage, if such fault was not greater than the fault of the defendant, or the defendants in the aggregate if recovery is allowed against more than one defendant, but the damages awarded shall be diminished in proportion to the amount of fault attributed to the plaintiff by general verdict."

Under this statute, a plaintiff is barred from recovery if the plaintiff's fault is greater than (i.e., more than 50% of) the fault of the defendant or all defendants combined. If the plaintiff is 50% or less at fault, the plaintiff may recover, but the award is reduced by the plaintiff's percentage of fault.

In the present case, your insured bears 100% of the liability for this collision. Our client was wholly free of comparative fault.

B. Statute of Limitations - RSA 508:4

Under RSA 508:4, subsection I, New Hampshire provides a three (3) year statute of limitations for personal injury and property damage actions. The collision occurred on [__/__/____], and the limitations period will expire on [__/__/____].

We reserve the full right to initiate litigation before the statutory period expires.

C. Financial Responsibility - No Mandatory Insurance Requirement

New Hampshire is unique among U.S. states in that it is one of only two states that does not require drivers to carry automobile liability insurance. However, under RSA 264 (the Motor Vehicle Financial Responsibility Act), vehicle owners must demonstrate financial responsibility -- meaning the ability to pay for personal injuries and property damage they may cause in an accident.

If a driver chooses to purchase auto insurance, the policy must meet the following minimum requirements:

D. Mandatory Uninsured Motorist Coverage - RSA 264:15

Under RSA 264:15, every automobile liability insurance policy issued in New Hampshire must include uninsured motorist (UM) coverage for the protection of persons insured who are legally entitled to recover damages from owners or operators of uninsured or hit-and-run motor vehicles. The minimum UM limits must be at least $25,000 per person and $50,000 per accident. If a policyholder elects liability limits higher than the statutory minimums, the UM limits must match the chosen liability limits.

E. Required Medical Payments Coverage - RSA 264:18

Under RSA 264:18, every automobile insurance policy issued in New Hampshire must include medical payments (MedPay) coverage with a minimum per-person limit of $1,000. This coverage applies regardless of fault.

F. No Compensatory Damages Cap

New Hampshire does not impose a statutory cap on compensatory damages in private auto accident personal injury cases. Previous damage caps were ruled unconstitutional by the New Hampshire Supreme Court.

Governmental Liability Caps:

• Municipal entities: $275,000 per person; $925,000 per occurrence under RSA 507-B:4
• State government: $475,000 per claimant; $3,750,000 per incident (or insurance proceeds, whichever is greater) under RSA 541-B:14

G. Punitive Damages - Limited Availability

New Hampshire generally does not permit punitive damages in tort cases. Punitive damages are not available in products liability cases or most negligence actions. However, limited exceptions may exist in cases involving willful, wanton, or malicious conduct. New Hampshire courts have historically disfavored punitive damages, and their availability is narrow.

H. Modified Joint and Several Liability - RSA 507:7-e

Under RSA 507:7-e, New Hampshire applies a modified joint and several liability system:

• Defendants found to be more than 50% at fault are subject to joint and several liability for the entirety of the plaintiff's damages
• Defendants found to be 50% or less at fault are subject to several liability only and are responsible only for their allocated percentage of damages
• Exception: Joint and several liability always applies when defendants have acted in concert

I. Collateral Source Rule

New Hampshire preserves the common law collateral source rule. Evidence of collateral sources of payment is not permitted to reduce damages awards. See Cyr v. J.I. Case Co., 139 N.H. 193, 652 A.2d 685 (1994). Payments received from health insurance, disability benefits, or other independent sources cannot be used by the defendant to reduce the plaintiff's recovery.

II. STATEMENT OF FACTS

A. Accident Description

On [__/__/____], at approximately [____] [a.m./p.m.], our client, [________________________________], was operating a [____ Year] [________________________________] [Make/Model], bearing New Hampshire registration number [________________________________], traveling [direction] on [________________________________] [Route/Street/Highway] in/near [________________________________], [________________________________] County, New Hampshire.

At the time of the collision, our client was [________________________________] [describe activity].

Your insured, [________________________________], was operating a [____ Year] [________________________________] [Make/Model], bearing registration number [________________________________]. Your insured [________________________________] [describe negligent conduct].

As a direct and proximate result of your insured's negligence, your insured's vehicle struck our client's vehicle [________________________________] [describe point of impact].

B. Weather and Road Conditions

At the time of the collision, weather conditions were [________________________________]. Road conditions were [________________________________]. Visibility was [________________________________]. The posted speed limit was [____] miles per hour.

Note on New Hampshire Winter Conditions: [If applicable] New Hampshire's climate frequently produces challenging winter driving conditions including ice, snow, and reduced visibility. Motorists have a heightened duty of care during such conditions to reduce speed and maintain safe following distances.

C. Police Report

The collision was investigated by [________________________________] [law enforcement agency]. The investigating officer, [________________________________], prepared a report assigned Case Number [________________________________]. The report [________________________________] [summarize key findings and citations].

D. Witnesses

E. Physical Evidence

☐ Photographs of the accident scene preserved
☐ Photographs of vehicle damage preserved
☐ Photographs of client's visible injuries preserved
☐ Dashcam or surveillance video footage [is/is not] available
☐ Event Data Recorder (EDR) data [has/has not] been preserved
☐ Cell phone records of the at-fault driver [have/have not] been obtained

III. LIABILITY ANALYSIS

A. Negligence of Your Insured

Under New Hampshire law, negligence requires proof of: (1) a duty of care, (2) breach of that duty, (3) causation, and (4) damages. See Briere v. Briere, 107 N.H. 432 (1966).

Your insured breached the duty of care owed to all roadway users by:

☐ Violating RSA [________________________________] [cite specific traffic statute]
☐ Operating a motor vehicle in a careless or reckless manner
☐ Failing to maintain a proper lookout
☐ Failing to maintain a safe following distance
☐ Failing to yield the right of way
☐ Operating a motor vehicle while distracted
☐ Operating a motor vehicle under the influence of alcohol or drugs
☐ Exceeding the posted speed limit
☐ Failing to obey a traffic control device
☐ [________________________________] [other negligent conduct]

B. Proximate Causation

Your insured's negligence was the direct and proximate cause of our client's injuries. But for your insured's conduct, this collision would not have occurred.

C. Allocation of Fault

Based on the evidence, your insured bears 100% of the fault. Our client bears 0% comparative fault, well below the threshold that would bar recovery under RSA 507:7-d.

IV. INJURIES AND MEDICAL TREATMENT

A. Emergency Treatment

Following the collision, our client was [________________________________] [describe transport/arrival at medical facility] on [__/__/____]. Our client presented with:

• [________________________________]
• [________________________________]
• [________________________________]

Emergency diagnoses included:

• [________________________________]
• [________________________________]
• [________________________________]

B. Medical Treatment Chronology

C. Treating Physicians and Specialists

D. MedPay Coverage Utilization

Under RSA 264:18, our client's own automobile insurance policy includes Medical Payments coverage in the amount of $[________]. To date, $[________] has been paid under MedPay. The remaining MedPay benefits total $[________]. MedPay payments are a collateral source and do not reduce the tortfeasor's liability.

E. Current Medical Status and Prognosis

As of this demand, our client [________________________________] [describe current condition and prognosis]. Dr. [________________________________] has opined that [________________________________].

F. Future Medical Treatment

V. DAMAGES

A. Economic Damages

1. Past Medical Expenses

Note: Under the collateral source rule recognized in New Hampshire (Cyr v. J.I. Case Co., 652 A.2d 685), the full billed amount is recoverable regardless of insurance reductions.

2. Future Medical Expenses

3. Lost Wages and Income

Our client was employed by [________________________________] as a [________________________________] earning $[________] [per hour/week/month/year]. As a direct result of injuries, our client was unable to work for [________________________________].

4. Loss of Earning Capacity

[If applicable] $[________]

5. Property Damage

6. Out-of-Pocket Expenses

B. Non-Economic Damages

1. Pain and Suffering

Our client has endured significant physical pain and emotional distress. [________________________________] [Describe pain, impact on daily life, sleep disturbance, emotional distress, anxiety, depression, loss of enjoyment of life, etc.]

New Hampshire courts recognize pain and suffering as a proper element of damages. The New Hampshire Supreme Court has upheld substantial pain and suffering awards where supported by evidence of the plaintiff's injuries and their impact on the plaintiff's quality of life.

Pain and Suffering Valuation: Based on the severity, duration, and permanence of our client's injuries, we value pain and suffering at $[________].

2. Loss of Consortium

[If applicable] Our client's spouse, [________________________________], has suffered a loss of consortium including the loss of companionship, comfort, society, and sexual relations. Under New Hampshire law, loss of consortium is a recognized independent cause of action.

Loss of Consortium Damages: $[________]

C. Special Consideration: Uninsured/Underinsured Tortfeasor

[If applicable] Given that New Hampshire does not mandate automobile liability insurance, there is a risk that the tortfeasor may be uninsured or underinsured. If the tortfeasor's coverage is insufficient to satisfy this demand, our client will pursue a claim under the uninsured/underinsured motorist coverage provisions of [his/her] own policy pursuant to RSA 264:15.

D. Summary of Damages

VI. DEMAND FOR SETTLEMENT

Based upon the foregoing facts, legal analysis, and damages, we hereby demand settlement in the total amount of:

$[________________________________]

This demand is open for thirty (30) days from the date of this letter, expiring on [__/__/____]. If we do not receive a meaningful response or acceptable offer by that date, we will file a civil complaint in the appropriate New Hampshire Superior Court without further notice.

This demand includes all claims:

☐ Personal injury claims of the Claimant
☐ Property damage claims
☐ Loss of consortium claims (if applicable)
☐ All past, present, and future medical expenses
☐ All past and future lost wages and loss of earning capacity
☐ All pain and suffering, past and future
☐ All other compensatory damages

VII. SETTLEMENT NEGOTIATION PROVISIONS

A. Good Faith Requirement

We expect good faith negotiations consistent with New Hampshire insurance regulatory requirements.

B. Policy Limits and Financial Responsibility Disclosure

Given New Hampshire's unique lack of mandatory insurance, we request immediate written confirmation of:

☐ Whether your insured maintained a liability insurance policy at the time of the collision
☐ The liability coverage limits of the policy
☐ Whether any other policies provide additional coverage
☐ Whether coverage is disputed
☐ The identity of any excess or umbrella carriers
☐ If no insurance, the financial responsibility documentation maintained by your insured

C. Reservation of Rights

This demand is made without prejudice to any rights, including claims against the tortfeasor personally (if uninsured or underinsured), UM/UIM claims under our client's own policy, and all other available remedies.

VIII. LITIGATION WARNING

Should settlement not be achieved, we will file suit in [________________________________] County Superior Court, New Hampshire. We will seek full compensatory damages, pre-judgment interest, costs, and all other available relief.

IX. MEDICAL RECORDS AUTHORIZATION

Enclosed is a HIPAA-compliant authorization (45 C.F.R. § 164.508) for release of medical records.

I, [________________________________], authorize the following providers to release records related to the collision on [__/__/____] to [________________________________] [Insurance Company]:

This authorization expires on [__/__/____] or upon final resolution, whichever occurs first.

Signature: _________________________________ Date: [__/__/____]
Printed Name: [________________________________]

X. ENCLOSED DOCUMENTATION

☐ Police/Accident Report
☐ Photographs of accident scene
☐ Photographs of vehicle damage
☐ Photographs of injuries
☐ Medical records and bills (itemized)
☐ Proof of lost wages (employer verification)
☐ Property damage estimates/repair invoices
☐ HIPAA-compliant medical authorization
☐ Expert reports (if available)
☐ Witness statements
☐ [________________________________]

XI. DOCUMENTATION CHECKLIST - CLAIMANT FILE

☐ Accident/police report obtained
☐ All medical records collected and organized
☐ All medical bills itemized (billed and paid amounts)
☐ Lost wage documentation obtained
☐ Property damage documented
☐ Witness statements obtained
☐ Photographs of injuries at multiple stages
☐ Insurance policy information confirmed (liability, UM/UIM, MedPay)
☐ Tortfeasor's financial responsibility status confirmed
☐ Statute of limitations deadline calendared ([__/__/____] - three years)
☐ Medical treatment completed or at MMI
☐ Future medical cost projections obtained
☐ Pain and suffering documentation maintained
☐ All insurance correspondence documented
☐ HIPAA authorization executed
☐ MedPay claim filed with client's own insurer
☐ Demand letter sent certified mail
☐ Settlement authority confirmed with client
☐ Lien search completed (Medicare, Medicaid, ERISA, workers' comp)

XII. NEW HAMPSHIRE-SPECIFIC PRACTICE NOTES

☐ Modified Comparative Fault (51% Bar): Under RSA 507:7-d, plaintiff is barred if fault is greater than the defendant's (or combined defendants') fault
☐ No Mandatory Auto Insurance: New Hampshire does not require auto liability insurance; however, financial responsibility must be demonstrated under RSA 264
☐ Mandatory UM Coverage: RSA 264:15 requires UM coverage in all auto policies issued in NH; limits must match liability limits if higher than minimums
☐ Mandatory MedPay: RSA 264:18 requires $1,000 minimum MedPay in all NH auto policies
☐ No Compensatory Damages Cap: Previous caps ruled unconstitutional; full compensation available
☐ Punitive Damages Limited: Generally not available except in narrow circumstances involving willful/malicious conduct
☐ Modified Joint and Several Liability: RSA 507:7-e - joint and several for defendants over 50% at fault; several only for those 50% or less
☐ Collateral Source Rule Preserved: Cyr v. J.I. Case Co., 652 A.2d 685 (N.H. 1994)
☐ Three-Year SOL: RSA 508:4 - applies to both personal injury and property damage
☐ Uninsured Tortfeasor Risk: Due to no mandatory insurance, always verify tortfeasor's insurance status early; prepare to pursue UM claim if needed
☐ Municipal Liability Cap: RSA 507-B:4 - $275,000 per person; $925,000 per occurrence
☐ State Liability Cap: RSA 541-B:14 - $475,000 per claimant; $3,750,000 per incident
☐ Venue: Superior Court in the county where the plaintiff or defendant resides or where the cause of action arose

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[________________________________]
[Attorney Name]
New Hampshire Bar No. [________________________________]
[________________________________]
[Street Address]
[________________________________]
[City, New Hampshire ZIP]
Telephone: [________________________________]
Email: [________________________________]

cc: [________________________________] [Client Name]
Enclosures: As noted above

SOURCES AND REFERENCES

• RSA 507:7-d (Comparative Fault): https://www.gencourt.state.nh.us/rsa/html/lii/507/507-7-d.htm
• RSA 508:4 (Statute of Limitations): https://www.gencourt.state.nh.us/rsa/html/lii/508/508-4.htm
• RSA 264:15 (Uninsured Motorist Coverage): https://law.justia.com/codes/new-hampshire/title-xxi/chapter-264/section-264-15/
• RSA 264:18 (Required Provisions): https://law.justia.com/codes/new-hampshire/title-xxi/chapter-264/section-264-18/
• New Hampshire Insurance Department - Auto Insurance Guide: https://mm.nh.gov/files/uploads/nhid/documents/nh-auto-guide.pdf
• Nolo - New Hampshire Car Accident Laws: https://www.nolo.com/legal-encyclopedia/new-hampshire-car-accident-laws.html
• Nolo - New Hampshire Car Insurance Requirements: https://www.nolo.com/legal-encyclopedia/new-hampshire-car-insurance-laws.html
• Matthiesen, Wickert & Lehrer - New Hampshire: https://www.mwl-law.com/state/new-hampshire/