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Can I File a Claim with My Own Car Insurance Company in an At-Fault State?

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The process of recovering compensation after a car accident can be complicated. To prove the fault of another driver and receive coverage for your medical bills and other damages, you must build a case that denies your own fault, demonstrate their liability, and file a claim with the other driver’s insurance company. The claims process may also involve further negotiation beyond simply filing a claim.

You may wish to avoid these complexities by filing a claim with your own insurance company. However, you may be unsure if this is even possible in a fault-based state like New Hampshire. The state does allow some flexibility in the ways that drivers can file a claim and recover compensation after a car accident.

Options for Recovering Compensation After a Car Accident

Although New Hampshire is an at-fault state, filing a claim with the other driver’s insurance company is not the only method of recovering compensation available to residents of the state. New Hampshire does allow drivers to file a claim with their own insurance company after a collision. In some cases, it is also possible to file claims against liable third parties.

Types of Car Insurance Coverage

Your ability to file a claim with your own car insurance company depends on the details of your policy. Typically, coverage for a policyholder is offered as a “personal injury protection” (PIP) plan. This differs from standard liability coverage which is meant to provide compensation to another driver if you are at fault for a collision. You may also be able to receive coverage through an uninsured and underinsured motorist insurance plan, which provides compensation to policyholders who are unable to file claims with at-fault, uninsured drivers.

Pros and Cons of Filing a Claim with Your Own Insurance Company

While filing a claim with your own insurance company may be an option for you, you should evaluate the benefits and downsides of doing this before you proceed.

A benefit of filing a claim with your own insurance company is that you can avoid a lot of the stress of dealing with another driver and their insurance company. However, by filing a claim against the other driver’s insurance company, you can hold them accountable. It’s possible that filing a claim with the other driver’s insurance company will allow you to avoid a raise in your premiums, but this is not always the case. You will likely still need to report the accident to your own insurance provider, which can impact your rates.

At Douglas, Leonard & Garvey, P.C., our legal team can help you recover the compensation you deserve after a car accident. We will help you determine the best course of action after a collision and will guide you through the legal processes.

To schedule a free consultation with our lawyers, send us a message or call (603) 288-1403.