Who can claim diminished value in New Hampshire
- Third-party claim (the other driver caused the crash): diminished value is claimed as part of your property-damage claim against the at-fault driver, which in practice means that driver's liability insurer.
- First-party claim (your own collision coverage): we found no New Hampshire decision requiring an insurer to pay diminished value under a standard collision policy. Those policies promise repair or actual cash value, and insurers generally deny a separate payment for lost value. Read your own policy wording.
- New Hampshire is a fault state for car crashes. Damage to your car, including lost resale value, is claimed against whoever caused it.
New Hampshire deadline: 3 years (RSA 508:4, I)
Personal actions must be brought within three years of the act or omission complained of. The statute has a discovery rule for injuries that could not reasonably have been found at the time, but a collision is usually known the day it happens, so count from the crash date. Open the insurance claim long before then.
Fault: RSA 507:7-d
Modified comparative fault: your fault does not bar recovery if it was not greater than the defendant's fault, and your damages are reduced in proportion to your share. The party claiming you were at fault has the burden of proving it.
How New Hampshire law treats diminished value
No New Hampshire statute addresses diminished value directly. The rule comes from case law on damage to personal property. In Copadis v. Haymond, 94 N.H. 103 (1946), a case arising from an intersection collision in Hillsborough County, the court applied the Restatement of Torts measure: the difference in value before and after the harm, or the reasonable cost of repair with due allowance for any difference between the original value and the value after repairs, plus loss of use.
That last phrase is the opening for an inherent diminished value claim. If a fully repaired car is still worth less to buyers because it now carries an accident history, the gap is part of the damage. You still have to prove the amount; the adjuster will not assume it.
Good New Hampshire evidence is local and specific: the final repair invoice and any supplements, the vehicle history report, and listings from Manchester, Nashua, Concord and Seacoast dealers showing how cars like yours are priced with and without a reported accident.
How insurers value a totaled car in New Hampshire
New Hampshire Insurance Department rule Ins 1002.15 governs how insurers determine the amount of a motor vehicle total loss. Settlements are based on fair market value, using either an accepted valuation method or documented sales of at least two vehicles of the same make, model and year in the local market area within the previous 90 days.
With a total-loss offer, the insurer must give you a report explaining the basis for the valuation. If you disagree, the rule lets you present evidence from two reliable sources, within 20 days of receiving the settlement payment, that your car had a higher fair market value in the local market area, and the insurer must then recalculate.
For titling, RSA 261:22, VI treats a damaged vehicle as a total loss when it is impractical to repair, or when repair costs reach 75 percent or more of its pre-damage fair market value during its model year or the four calendar years after. Airbag, tire and entertainment-system repairs are left out of that calculation.
The appraisal clause in New Hampshire
Most auto policies sold in New Hampshire include an appraisal clause for disagreements over the amount of a covered physical-damage loss under your own coverage. Each side picks an appraiser, the two appraisers choose an umpire if they deadlock, and any two of the three set the figure. The clause settles amount only, not whether the loss is covered.
Appraisal belongs to your contract with your own insurer. A diminished-value claim against the at-fault driver's carrier is a liability claim, so that carrier's appraisal clause does not bind you and you cannot force appraisal through it.
What else matters in New Hampshire
- Complaints about how an insurer handled a New Hampshire claim go to the New Hampshire Insurance Department, which also writes and enforces the Ins 1000 claim rules.
- New Hampshire small claims covers cases where the damages do not exceed $10,000, exclusive of interest and costs (RSA 503:1), which fits most diminished-value disputes.
- Winter driving and road salt affect New Hampshire resale prices too. A buyer comparing two cars will look at rust and underbody condition as well as the accident record, so match comparables on condition, not only on year and mileage.
What to gather for a New Hampshire diminished value claim
- The final repair invoice, with every supplement
- Photos of the damage before repair, and of the car after repair
- Proof of the car's condition before the crash: service records, earlier photos, mileage, trim and options
- A diminished value appraisal: a written valuation of what the accident did to your car's resale value
- The crash report and the claim number on the at-fault driver's policy
For the appraisal, a formula figure is not market evidence. What holds up is a comparison of your car against New Hampshire-market listings with and without accident history.
How to ask the at-fault insurer in writing
- Get the claim number and adjuster for the property-damage claim on the at-fault driver's policy. It is a separate claim from anything on your own policy.
- Write a short letter or email: the date of loss, the claim number, your car (year, make, model and VIN), that you are claiming diminished value, the amount, and how it was worked out.
- Attach the appraisal, the final repair invoice and the photos. Keep the originals.
- Ask for a written response, and if the insurer disagrees, ask for its own valuation in writing.
- Send it in a way you can prove, such as email to the adjuster plus certified mail, and keep a copy of everything you send and receive.
- Watch the 3-year deadline under RSA 508:4, I. An open insurance claim does not stop it.
You send the request yourself. If it needs to go further, that is a decision for you or your attorney. General information, not legal advice.