Best Bad Faith Insurance Lawyers in New Hampshire

About Bad Faith Insurance Law in New Hampshire, United States

Bad faith insurance refers to situations where an insurance company fails to handle a claim fairly, properly, or honestly. In New Hampshire, insurers have a legal duty to act in good faith when dealing with policyholders. If the insurer denies a legitimate claim, unreasonably delays payment, fails to investigate appropriately, or offers an amount far less than the value of the claim, this may constitute bad faith. Policyholders have the right to hold their insurance company accountable if they are treated unfairly. New Hampshire law provides remedies for individuals affected by these practices, but navigating claims can be complex and often benefits from legal guidance.

Why You May Need a Lawyer

A lawyer specializing in bad faith insurance can help in several challenging situations. Common scenarios include unjust claim denials, underpaid or delayed settlements, insufficient explanation for a claim decision, or a failure by the insurer to communicate promptly. Legal representation may also be necessary if you suspect your insurer is stalling, misrepresenting policy terms, or pressuring you into accepting a low settlement. An attorney can determine if your case qualifies as bad faith, negotiate with the insurer, and pursue compensation through litigation if needed. When dealing with large financial losses, serious property damage, or health-related claims, professional legal help improves your chances of a fair outcome.

Local Laws Overview

New Hampshire has specific laws governing insurance company conduct. The New Hampshire Unfair Insurance Trade Practices Act (RSA 417) protects consumers against unfair or deceptive acts by insurers. Under this law, practices like misrepresentation of policy information, failure to acknowledge claims promptly, and not attempting good faith settlements are prohibited. If an insurer violates these statutes, policyholders can file a complaint with the New Hampshire Insurance Department and may also have grounds for a lawsuit seeking damages resulting from bad faith conduct. In some cases, courts may award additional damages as a penalty to deter insurers from such conduct in the future. It is important for consumers to review their policy terms and keep detailed records when dealing with claims.

Frequently Asked Questions

What is considered bad faith by an insurance company in New Hampshire?

Bad faith occurs when an insurer fails to fulfill its duty of good faith, such as unjustly denying or delaying a claim, failing to investigate properly, or not communicating adequately with the policyholder.

How do I know if my claim was denied in bad faith?

If your claim was denied without a reasonable explanation, delayed for an excessive amount of time, or if your insurer misrepresented policy terms, these may be signs of bad faith. A lawyer can help you evaluate your situation.

What legal remedies are available if I am a victim of bad faith insurance?

You may recover damages for your original loss, consequential damages resulting from the insurer's conduct, legal fees, and in some cases, additional punitive damages.

Should I file a complaint with the New Hampshire Insurance Department?

Yes, filing a complaint is often the first step. The Department will investigate your complaint and may help resolve the dispute. However, this does not prevent you from seeking legal action as well.

How long do I have to file a lawsuit for bad faith in New Hampshire?

The statute of limitations for bad faith claims varies, but generally you should act as soon as possible after discovering the insurer's conduct. Consult a lawyer to determine the specific timeframe for your case.

Does bad faith apply to all types of insurance policies?

Yes, bad faith laws apply to most forms of insurance, including auto, homeowners, health, life, and business insurance policies.

Can I pursue a lawsuit on my own, or do I need a lawyer?

You can represent yourself, but insurance law is complex. Having a lawyer increases your chances of a favorable outcome and ensures your rights are fully protected.

What evidence do I need to prove bad faith?

Gather all correspondence, your insurance policy, claim forms, communications with the insurer, notes of phone calls, and any documentation showing damages or losses.

What if my insurer offers me a settlement even if I think it is too low?

Do not accept or sign any settlement without reviewing it carefully. Consult a lawyer who can negotiate for a fair amount or advise you on next steps.

What will it cost to hire a bad faith insurance lawyer?

Many lawyers handle bad faith insurance cases on a contingency-fee basis, meaning you pay nothing unless you win your case. Discuss fees and agreements upfront with your lawyer.

Additional Resources

For more information or assistance, consider the following resources:

• New Hampshire Insurance Department - Investigates complaints and regulates insurance practices
• New Hampshire Bar Association - Provides lawyer referrals and legal resources
• Local legal aid organizations - Offer assistance to eligible individuals for insurance disputes
• Consumer protection offices - Help protect the public from unfair business practices

Next Steps

If you believe you are a victim of bad faith insurance, begin by reviewing your insurance policy and gathering all related documents and correspondence. File a complaint with the New Hampshire Insurance Department to prompt an investigation. If your issue is not resolved, or if you have suffered significant loss, consult a lawyer who specializes in insurance law. An attorney can assess your situation, explain your rights, and help you achieve a fair resolution, whether through negotiation or in court. Acting promptly and seeking professional guidance is the best strategy to protect your interests.