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Diminished Value Claim in New Hampshire

Likely against the at-fault driver's insurer, since the Insurance Department says you can present the claim, but you must document the loss yourself.

File a claim with the other driver's insurer
Likely, not settled
File a claim on your own policy
Policy decides
Time limit to sue for car damage
3 years
Your share of the blame
Modified comparative, 51% bar
Minimum coverage for property damage
$25,000

New Hampshire has no court ruling on a diminished value claim, but its insurance regulator has spoken plainly. You can ask the other driver's insurer to pay for lost resale value. Your own policy will not cover it.

The Insurance Department Answer

The state's auto insurance consumer guide answers the question in a few lines. When you claim on another driver's insurance, you can present a claim for diminished value. The burden is on you to document the loss.

The same guide closes the door on your own policy. It says lost value is not covered there because it is not physical damage to your car. So collision coverage pays for the repair, and the value claim goes to the at-fault driver's company.

Courts have not filled in the details. The MWL 50-state survey found no New Hampshire decisions on point. That leaves proof as your strongest tool. A written diminished value appraisal based on local sales of similar cars helps carry that burden.

The Other Driver May Have No Policy

One state rule changes the math. New Hampshire motor vehicle laws do not require you to carry auto insurance, the Insurance Department guide explains. Drivers without it still answer for the cost of a crash they cause.

If the other driver does buy a policy, the minimum liability limits are 25/50/25. The last number means up to $25,000 for property damage in one accident. That sum must cover your repair and your lost value together. If the driver has no policy at all, your claim is against the driver in person.

Fault and the Three-Year Clock

Shared blame does not end the claim unless your fault was greater than the other driver's, under RSA 507:7-d. Short of that, the award is reduced in proportion to your share. At 51% fault you recover nothing.

The deadline is set by RSA 508:4. You may bring a personal action only within 3 years of the act complained of, which for a crash is the day it happened.

Small Claims Up to $10,000

A claim against someone who caused damage of $10,000 or less fits small claims court in the Circuit Court. Any claim over $5,000 goes to mandatory mediation first.

If an insurer ignores your documents or will not explain its number, send a complaint to the New Hampshire Insurance Department. You can compare New Hampshire with other states in the state laws table.

Get your New Hampshire number with the diminished value calculator, or compare New Hampshire with every other state.

Had a crash in New Hampshire? Talk to someone who handles diminished value claims there.

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