How to Claim Uninsured and Underinsured Motorist (UM/UIM) Coverage in New Hampshire
If you are injured by a driver with no insurance or insufficient limits, you can file a UM/UIM claim with your own policy. Under N.H. Rev. Stat. Ann. § 264:15, insurers in New Hampshire must provide this coverage if you choose to buy auto insurance, protecting you against hit-and-runs and underinsured out-of-state tourists.
Because New Hampshire is the only state that does not mandate standard auto insurance, local drivers face a very real risk every time they start their engines. To combat this, state law requires that if you do choose to purchase auto liability insurance, your insurance company must also provide Uninsured and Underinsured Motorist (UM/UIM) coverage.
This coverage is your safety net. If a negligent driver runs a red light and puts you in the hospital but has zero insurance, your own UM policy steps in to pay your medical bills, lost wages, and pain and suffering. Navigating a UM/UIM claim can be complex, as it pits you directly against your own insurance company, which may try to minimize your payout.
Step-by-Step UM/UIM Claims Process in New Hampshire
Claiming these benefits requires strict adherence to your policy's rules and state laws.
Step 1: Identifying Hit-and-Run Drivers
If a driver hits you and flees the scene, they are legally treated as an uninsured motorist. To trigger your UM coverage, you must report the crash immediately to local police and file Form DSMV 400, New Hampshire, Division of Motor Vehicles, Operator's Report of Motor Vehicle Accident. Importantly, most policies require evidence of physical contact between the vehicles or independent witness corroboration to prevent fraudulent hit-and-run claims.
Step 2: Dealing with Underinsured Out-of-State Tourists
New Hampshire experiences heavy tourism. If an out-of-state driver hits you, they might only carry their home state's minimum bodily injury liability insurance (such as $25,000 in Massachusetts). Under N.H. Rev. Stat. Ann. § 259:117, a vehicle is legally underinsured only if the at-fault driver's liability limit is less than your own UM/UIM coverage limits. New Hampshire operates under a 'limits-to-limits' gap structure rather than excess coverage, meaning the at-fault driver's payout offsets your available UIM limits, and your total compensation cannot exceed your own purchased UM/UIM policy cap.
Step 3: Navigating Policy Stacking Limits
Policy 'stacking' involves combining the UM/UIM limits of multiple vehicles on the same policy to increase your payout. While historically complex, under current N.H. Rev. Stat. Ann. § 264:15, insurance companies are generally permitted to include anti-stacking language in their contracts. Precedents like Descoteaux v. Liberty Mut. Ins. Co., 125 N.H. 38 (NH Supreme Court 1984) highlight how courts interpret these limits. Your attorney must meticulously read your policy to determine if stacking is permitted.
Step 4: Filing a Complaint or Lawsuit Against Your Insurer
Insurance companies sometimes offer unfair, lowball settlements on UM claims. If negotiations stall, you can file the Form Request for Assistance / Consumer Complaint, New Hampshire, Insurance Department, Request for Assistance / Consumer Complaint with the New Hampshire Insurance Department, Concord. If the insurer acts in bad faith, your lawyer will file a breach of contract lawsuit against them in a venue like the Hillsborough County Superior Court South, Nashua to force a fair payout.
How Much Does it Cost in New Hampshire?
Filing a UM/UIM claim typically involves these financial structures:
| Cost Category | Estimated Amount (USD) |
|---|---|
| Attorney Fees | 33% to 40% Contingency (Only paid if you win) |
| Arbitration Fees | $1,000 to $3,000 (If policy mandates arbitration) |
| Medical Records Retrieval | $50 to $250 |
| Expert Medical Testimony | $2,000 to $5,000+ |
How Long Does the Process Take?
A standard UM claim for a hit-and-run generally takes 6 to 12 months to settle. A UIM claim takes longer because you must first successfully negotiate a maximum settlement with the underinsured driver's insurance company before your own insurer will even look at the claim. This dual-claim process can easily extend the timeline to 1 to 2 years.
Will my premiums go up if I file a UM claim?
Generally, no. New Hampshire insurance regulations strongly prohibit insurers from raising your rates or dropping your coverage for an accident in which you were entirely not at fault.
Does UM coverage pay for damage to my car?
Generally, no. Under N.H. Rev. Stat. Ann. § 264:15, I, standard mandatory UM/UIM coverage protects strictly against bodily injury, sickness, disease, and resulting death. Damage to your vehicle from an uninsured motorist or a hit-and-run is covered by your optional collision coverage or an optional property damage endorsement. Statutorily mandated $25,000 property damage coverage under N.H. Rev. Stat. Ann. § 264:15, II applies narrowly to accidents involving an insolvent insurer.
Do I have to sue the at-fault driver first?
Usually, no. For a pure Uninsured Motorist claim, you go directly to your insurer. For an Underinsured claim, you do not have to sue the other driver, but you must obtain a formal settlement offer for their absolute policy limits before your UIM kicks in.
What if I was a pedestrian hit by an uninsured driver?
If you own an auto insurance policy, your UM coverage typically follows you. This means if you are struck while walking, jogging, or riding a bicycle, your auto policy will step in to cover your injuries.
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