New Hampshire total-loss rules
12 of 12 confirmed against primary sources
Last checked Sep 5, 2026 · ClaimMath research desk
Every fact below is quoted from the regulation or statute it cites. Where the primary sources do not settle a point, it is marked and left open rather than filled in — which is itself worth knowing before you argue it.
When a car counts as a total loss
“a total loss vehicle shall mean either an unrecovered stolen vehicle or a damaged vehicle: (a) That is determined to be physically or economically impractical to repair in connection with an insurance claim settlement; or (b) For which the cost of repairing the vehicle is 75 percent or more of its fair market value prior to the vehicle being damaged, if the damage occurs during its model year or the 4 subsequent calendar years.”
The age limit on limb (b) is tight — model year plus four calendar years, narrower than Kansas's six or Missouri's six — so for most cars on the road the 75 percent test simply does not apply and limb (a), the insurer's own impracticality judgment, governs. Citing 75 percent against an older New Hampshire vehicle misstates the rule.
N.H. RSA 261:22, VI(a), VI(b) · checked Sep 5, 2026 · source
How the settlement must be valued
“The fair market value derived from documented sales costs of no fewer than 2 motor vehicles of the same make, model, and year as the total loss motor vehicle that have occurred within the previous 90 days within the local market area.”
Note that New Hampshire requires DOCUMENTED SALES rather than listings or asking prices — a materially higher standard than most states in this ledger, where 'available' or 'listed' comparables suffice. The same-make-model-AND-year requirement comes first; like kind and quality is the fallback only where exact matches are unavailable, so a like-kind comparable used while exact matches exist departs from the rule.
N.H. Admin. Code § Ins 1002.15(a)(1), (a)(2) · checked Sep 5, 2026 · source
How comparables must be chosen
“documented sales costs of no fewer than 2 motor vehicles of like, kind, and quality that have occurred within the previous 90 days within the local market area.”
Three checkable requirements in one provision: at least two, actually SOLD (not listed), and within 90 days and the local market area. A valuation resting on current listings rather than completed sales is outside the rule on its face — one of the cleanest points available in any state here. Undefined 'local market area' places New Hampshire with California, Tennessee, Minnesota, Louisiana, Kentucky, Arkansas and Kansas.
N.H. Admin. Code § Ins 1002.15(a)(2) · checked Sep 5, 2026 · source
What the insurer must show you
“In conjunction with a total loss settlement offer, the insurer shall provide to the insured or claimant a report which explains the basis for the valuation underlying the offer.”
No request needed and no exception stated — the report travels with the offer. Read alongside (a)(2), the report should be capable of showing the two documented sales, their dates and the market area, which is exactly what a reconsideration demand under (c) is built from.
N.H. Admin. Code § Ins 1002.15(d) · checked Sep 5, 2026 · source
Sales tax
confirmed: no ruleNew Hampshire is one of four states with no general sales tax, so a rule requiring an insurer to include it would have nothing to operate on, and the audit does not raise a tax shortfall here. Recorded as a confirmed absence rather than as an unsearched gap: the answer follows from what New Hampshire taxes rather than from how much of Ins 1002 has been read.
N.H. Admin. Code § Ins 1002.15 (silent as to tax) · checked Sep 7, 2026 · source
Title and registration fees
confirmed: no ruleThe settlement regulation is silent on fees, and the New Hampshire RSAs and insurance rules was searched for a total-loss fee requirement; no document pairs 'total loss' with insurer and registration or fee in the insurance titles. Some policy forms include these fees as a matter of contract, which is a policy question rather than a state requirement.
N.H. Admin. Code § Ins 1002.15 (silent as to fees); wider code searched, no fee provision located · checked Sep 6, 2026 · source
Appraisal clause
confirmed: no rule“within 20 days of receipt of the settlement payment, evidence from 2 reliable sources that the motor vehicle would have a higher fair market value.”
Recorded as partial because the FIELD concerns a policy appraisal provision and Ins 1002.15 contains none. The reconsideration right is the functional substitute and is tighter than most: TWENTY days, not the 30 in Kansas and Hawaii or the 35 in California, New Jersey, Washington, Kentucky, Oregon and Iowa — and it requires evidence from two reliable sources rather than merely an assertion that you cannot buy a comparable. Put the date the payment arrives on your calendar; this is the shortest recourse window in the ledger.
N.H. Admin. Code § Ins 1002.15(c) · checked Sep 5, 2026 · source
Claim-handling deadlines
“Failing to affirm or deny coverage of claims within a reasonable time after proof of loss forms have been submitted”
The absence of ordinary day counts is verified — paragraph XV was read specifically for numbers and the only one is scoped to health providers under RSA 420-J:8-e. Do NOT apply that 30 days to a total loss. Acknowledgement text, verbatim from XV(2): 'Failing to acknowledge and act promptly upon communications with respect to claims arising under insurance policies'. Note that the Department requires a licensee to respond to IT within ten business days of a complaint, which is a faster route to a written answer than a letter.
N.H. RSA 417:4, XV(2), XV(11) · checked Sep 5, 2026 · source
Unfair claims practices law
“Not attempting in good faith to effectuate prompt, fair and equitable settlements or compromises of claims in which liability has become reasonably clear”
The qualifier is a CULPABILITY test rather than a frequency one, which is unusual and favorable: the statute reaches conduct 'committed without just cause and not merely inadvertently or accidentally'. That is not the general-business-practice requirement found in Arizona, Pennsylvania, Virginia, South Carolina and Connecticut — a single deliberate act can qualify, provided it was not inadvertent. The pinpoint characterization of that phrase as requiring a pattern appeared in the source's commentary and is NOT adopted here; the quoted statutory words are what this row relies on.
N.H. RSA 417:4, XV(2), XV(4), XV(11); N.H. Admin. Code Ins 1002.15 · checked Sep 5, 2026 · source
Time limit to sue your own insurer
“all personal actions, except actions for slander or libel, may be brought only within 3 years”
THREE years for personal actions. The retrieved text does not state in terms whether a contract action on an insurance policy falls within this section or under a separate provision, so confirm before relying on three years. Three years would put New Hampshire among the shortest in the ledger with Maryland, North Carolina, Colorado, South Carolina and Mississippi, and against the state's unusually generous 20-day reconsideration right it is a sharp contrast worth flagging to a claimant.
N.H. RSA 508:4, I · checked Sep 5, 2026 · source
Where to file a complaint
“The Consumer Services Division acts as an intermediary to help resolve problems between consumers and department licensees, which include insurance companies and insurance agents.”
Online and printable complaint forms are linked from this page. By law (RSA 400-A:16 II) the insurer must respond to the Department within ten business days of receipt. Consumer Services: 800-852-3416, consumerservices@ins.nh.gov.
New Hampshire Insurance Department — Filing a Complaint · checked Sep 6, 2026 · source
State regulator
“This form is intended to be printed for completion and mailed or faxed to the New Hampshire Insurance Department.”
The regulator's name as it appears on its own complaint page.
New Hampshire Insurance Department · checked Sep 6, 2026 · source
Open questions on this row (5)
These are the things we could not settle from primary sources. They are published rather than hidden, because a reader arguing this rule should know where it thins out.
- Confirm whether an action on a written insurance policy in New Hampshire falls under the three-year period in RSA 508:4, I or under a separate contract provision. The retrieved text covers 'personal actions' and does not settle it, and three years is short enough that the answer matters.
- Search the rest of N.H. Admin. Code Ins 1002 for any claim-handling day counts. Only Ins 1002.15 and RSA 417:4 were read for clocks; the tax and fee question has since been searched and closed.
- No verbatim text has been captured for the requirement that usual and customary DOCUMENTARY PREPARATION FEES be considered in determining fair market value. It is reported for Ins 1002.15 but no quoted text was retrieved, so it is described in the tax note rather than recorded as a fee entitlement.
- Confirm no first-party auto appraisal provision exists elsewhere in Ins 1002 or RSA Title XXXVII.
- Establish what counts as a 'reliable source' for the two-source reconsideration evidence under Ins 1002.15(c) — the standard governs whether a claimant's own comparables qualify, and the 20-day window leaves no time to find out afterwards.
Guides that apply in New Hampshire
Ordered by how firm New Hampshire’s footing is on each subject.
- Comparable vehicles: what insurers may and may not useHow comparables must be chosen
- Condition adjustments: what “Fair” has to be backed byHow comparables must be chosen
- Filing a complaint with your state insurance departmentWhere to file a complaint
- How long your insurer has to respondClaim-handling deadlines
- How to write a total-loss counterofferWhat the insurer must show you
States that handle this the same way
These also have no sales-tax rule either way.
Delaware, Hawaii, Idaho, Indiana, Louisiana, Massachusetts, Michigan
What your insurer says
New Hampshire’s rules bind every insurer equally. What each one publishes about its own method is quoted from its claims pages.
GEICO, State Farm, Progressive, Allstate, USAA, Liberty Mutual