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Total loss at 75%

Car insurance claim rules in New Hampshire

How fast a New Hampshire insurer has to move on your claim, when a damaged car is a total loss, which crashes you must report, and how long you have to sue.

By Valoroath Editorial Team Updated 6 min read

In plain terms

New Hampshire's claim rules come from the Insurance Department's regulation, Ins 1002. An insurer must start investigating within 5 working days, acknowledge your claim within 10 working days and make a complete decision within 30 days of the notice of claim, or send a letter with its reasons and update you every 30 days. A newer car is a total loss for title purposes when repairs reach 75% of its value. A crash with an injury or more than $1,000 of damage needs a written report within 15 days unless an officer investigated. You generally have three years to sue.

Total loss rule
Repairs at 75% of value
Insurer must decide
30 days after notice
Deadline to sue
3 years
Fault system
At-fault
Map of the United States with New Hampshire highlighted

New Hampshire claim rules on one sheet

  1. Total loss rule Repairs at 75% or more of fair market value Title law (RSA 261:22) for damage in the model year or the next 4 years; airbags, tires and audio excluded.
  2. Insurer must acknowledge 10 working days after notice; investigation starts within 5
  3. Insurer must decide 30 days after notice of claim; delay letters every 30 days Ins 1002.05(c), 2015 text. Chapter Ins 1000 readopted with changes effective Jan. 1, 2027 (#14713).
  4. Deadline to sue 3 years for injury and for property damage
  5. Fault system At-fault; recovery barred if your fault is greater than the other side's
  6. Police report needed Only if the other person can't take your details; then tell police at once
  7. State crash report Driver's written report in 15 days: injury, death or over $1,000 damage Not needed when a police officer investigated and filed a report (RSA 264:25).

A summary by Valoroath of the state's statutes and regulations, not an official document. The sources are listed at the end of this page.

How fast the insurer must move

New Hampshire turns the general ban on slow claim handling in its unfair practices law into day counts in Part Ins 1002 of the Insurance Department's rules. They cover claims under your own policy and claims you make against another driver's insurer. The day counts below are from the 2015 text (document #10962). The department has readopted chapter Ins 1000 with changes (document #14713), effective January 1, 2027, so check the new text for claims after that date.

Claim deadlines under N.H. Admin. Rules Ins 1002 (as published)
StepDeadlineRule
Start investigating the claim5 working days after noticeIns 1002.05(a)
Acknowledge the claim10 working days after noticeIns 1002.05(b)
Reply to your claim letters and calls10 working daysIns 1002.04(b)
Make a complete decision30 days after notice of the claimIns 1002.05(c)
If it needs longer: a delay letter with reasons, then updatesEvery 30 daysIns 1002.05(c)

A phone acknowledgment counts only if the insurer gives you a toll-free number for the claim office; if you then ask for it in writing, the insurer has 5 working days to send it. Keep a dated log of every request. If letters stop arriving, our page on claims that drag on shows how to restart a stalled file.

When a New Hampshire car is a total loss

Under RSA 261:22, a damaged car is a total loss vehicle when it is physically or economically impractical to repair in a claim settlement, or when repairs cost 75 percent or more of its fair market value before the crash. The 75 percent test covers a car damaged in its model year or the 4 calendar years after it. Repairs to airbags, tires and the entertainment system are left out of that figure. The insurer must apply for a salvage title within 20 days of the total loss payment.

  • Fair market value, by an approved method. Ins 1002.15 requires the insurer to use a valuation method the department accepts, or documented sales of at least 2 cars of the same make, model and year in your local market within the last 90 days.
  • Fees count. The value must be adjusted for condition, mileage, options and accessories, and the insurer must consider usual documentary preparation fees.
  • You can push back with evidence. If, within 20 days of receiving the payment, you show the value is higher using 2 reliable sources, the insurer must recalculate.
  • Rental may continue briefly. Where you have rental coverage, it runs for the policy period or until 5 business days after the insurer makes its offer, whichever comes first.

Our guide to total loss claims explains what a fair offer should include, and the total loss check applies the 75% line to your numbers.

Choosing your own repair shop

Ins 1002.17 says you may use any repair shop you choose, and an insurer may not make payment depend on using a particular one or pressure you with coercive statements. When it bases its offer on its own appraisal, it must name a conveniently located shop willing to do the work for that price. If it can't name one when you ask, it pays the extra cost above its appraisal. If it can, and your shop charges more, you may owe the difference.

Reporting a crash in New Hampshire

RSA 264:25 requires every driver in a crash to stop and give the other driver, anyone injured and any property owner their name, address, license number, insurance details and registration. If the person can't take that information, give it to the police right away.

If anyone is hurt or killed, or property damage is more than $1,000, the driver must send a written report to the Division of Motor Vehicles within 15 days. When a police officer investigates the crash, the officer's report satisfies that duty. Your adjuster will ask for the report or its number either way.

Fault, deadlines and complaints

New Hampshire is an at-fault state: the driver who caused the crash, or their insurer, pays for the harm. Under RSA 507:7-d, your own share of fault does not block your claim unless it is greater than the fault of the other side, and your damages drop by your percentage. RSA 508:4 gives you 3 years to sue for injury or property damage, counted from the crash or from when you reasonably discovered the harm.

  1. Ask the insurer in writing for its reasons and the policy language behind a denial or a low offer.
  2. Call the New Hampshire Insurance Department Consumer Services line at 800-852-3416, or email [email protected].
  3. File a complaint with the department if deadlines pass; our guide to insurance department complaints lists what to include.

Questions people ask

How long does a New Hampshire insurer have to decide my car claim?

Under Ins 1002.05, the insurer must acknowledge the claim within 10 working days and make a complete decision within 30 days of the notice of claim. If it needs more time, it must send a letter with specific reasons and update you every 30 days.

What percentage of damage totals a car in New Hampshire?

RSA 261:22 treats a car as a total loss vehicle when repairs cost 75 percent or more of its pre-crash fair market value, for damage during its model year or the next 4 calendar years. A car can also be totaled when the insurer finds repair economically impractical.

Do I have to report a crash to the DMV in New Hampshire?

Yes, if anyone is hurt or killed or property damage is over $1,000, unless a police officer investigated it. The written report is due within 15 days.

Can my insurer make me use its repair shop in New Hampshire?

No. Ins 1002.17 lets you use any shop, but if your shop charges more than a shop the insurer names that will do the job for its appraisal, you may pay the difference.

Sources on record

Facts on this page were checked against these sources on November 11, 2026. Ins 1002.05 was adopted in 2015 (effective October 26, 2015). The state's rule filing history lists a readoption of chapter Ins 1000 with amendments (#14713) effective January 1, 2027; its text was not yet published when we checked.

Ask a licensed agent to review your coverage

After a claim, the policy you had is the one you can still change. Describe your situation and Valoroath passes it to licensed insurance agents and insurers who can review your coverage and quote, if you want them to. Valoroath itself does not sell insurance or handle claims.

  1. 1 Five questions about your car, your record and your policy.
  2. 2 Who to ask for, and your consent to be contacted.
  3. 3 A licensed insurance agent or insurer reviews what you have. You change nothing unless you choose to.

Step 1 of 2

Your car, your record, your policy
Accidents or claims in the last 3 years
Cars on the policy
What you carry now

Sending this request shares your answers and contact details with the licensed insurance agents and insurers who receive it, which some state privacy laws treat as a sale; see your privacy choices. An agent reviews your coverage; they can't take on your claim or a dispute with your insurer. You pay Valoroath nothing. The licensed insurance agents and insurers who contact you pay Valoroath for requests and set their own prices and terms; your claim stays with your insurer. How we make money.

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