According to New Hampshire state law, every motorist – be it a car driver, a motorcycle rider or any other – owes a duty of care to other users of the road. This means that each person is required to drive cautiously, not putting the safety of other motorists at unnecessary risk. Speeding, disobeying traffic laws, running red lights or failing to take additional precautions and adjust to road conditions are all examples of negligent actions that constitute a breach of this duty of care. If the negligence of one driver causes an accident in which another motorist is hurt, the driver at-fault can be found liable for the victim’s injuries and related financial losses. In order to get compensated, the injured driver must file a legal claim, called a personal injury claim, with the at-fault driver’s insurance company.
In such a claim, the injured party must present a clear and detailed account of the accident, including the evidence of the other driver’s fault and the injuries sustained as a result. The injured party should also clearly state the sum they’re demanding to be paid along with an explanation as to why such an amount is justified. In most cases, the insurance company will try to negotiate a lower compensation amount before agreeing to the pay-out.
However, in some cases, the insurer may not be cooperative at all and may refuse to compensate the injured party. Of course, the insurance company’s unwillingness doesn’t invalidate the claim. Still, to be able to recover financial compensation from an uncooperative insurer, it may be necessary to file a lawsuit against the at-fault driver and the insurer in a court of law.