Total loss laws in New Hampshire

When is a car totaled in New Hampshire?

Short answer: New Hampshire sets a 75% threshold that applies to the insurer's own total-loss decision (RSA 261:22, VI). We could not confirm the 75% figure in the current official text.

A damaged vehicle counts as a 'total loss vehicle' (salvage-title purposes) when repair cost is 75% or more of its pre-damage fair market value. This applies if the damage occurs in the vehicle's model year or the 4 calendar years after. Repair cost reportedly excludes airbags, tires and entertainment systems. Insurers must determine total losses consistent with this standard (Ins 1002.15(a)).

Source: RSA 261:22, VI; N.H. Admin. R. Ins 1002.15(a)

Many online tables mix up title-branding rules with the insurer's own decision. Compare the total loss threshold in every state.

Does insurance pay sales tax on a total loss in New Hampshire?

Short answer: New Hampshire has no general sales tax, so there is usually none to claim. We found no rule that clearly requires title or registration fees either, so check your policy and ask the adjuster which fees the settlement includes.

Ins 1002.15 does not mention sales tax, title or registration fees. It does require insurers to consider 'usual and customary documentary preparation fees' when determining fair market value (Ins 1002.15(e)). New Hampshire is generally understood to have no general sales tax, so sales tax is usually not at issue; title and registration fee reimbursement is not addressed.

Source: N.H. Admin. R. Ins 1002.15(e)

Tax on a replacement car in New Hampshire

No general sales tax. Town permit and registration fees, based on list price and model year, are paid at registration but are not sales taxes.

Source: https://www.revenue.nh.gov/faq/does-new-hampshire-have-sales-tax

See the sales tax and fee rule in every state.

How must the insurer value your car in New Hampshire?

For both collision/comprehensive and property damage liability total losses, the insurer must settle on fair market value using one of two methods. (1) A valuation method the Insurance Department has accepted as statistically valid for the local market. Insurers must use a method on the Department's annual list of accepted methods (Ins 1002.15(h)(2)). (2) Documented sales of at least 2 vehicles of the same make, model and year in the local market within the previous 90 days. If there are none, the insurer may use like-kind-and-quality sales, or the average of written quotes from at least 2 licensed local dealers. Data from outside the local market is allowed only for construction or commercial vehicles, or makes not usually found locally. Values must be adjusted for condition, mileage, accessories and options, and the insurer must consider usual documentary preparation fees. With the offer, the insurer must give a report explaining the basis of the valuation. If the owner presents evidence from 2 reliable sources (local sales or dealer quotes) of a higher local value within 20 days of receiving the payment, the insurer must recalculate. This right does not apply if the insurer's settlement papers identified, by VIN, a specific comparable vehicle available locally at or below the insurer's value. The owner is entitled to a rental for the policy period or until 5 business days after the offer, whichever is earlier (1002.15(f)). An owner who keeps the car is paid the total-loss value minus salvage value (1002.15(g)). A Department bulletin of Apr. 14, 2025 says insurers must offer an in-person inspection on request and may not rely only on photos or video when that limits a fair investigation (RSA 417:4, XV).

Source: N.H. Admin. R. Ins 1002.15(a)-(h); NHID Bulletin of Apr. 14, 2025 on virtual auto claims (INS 25-031-AB), as reported by Claims Journal

To check the numbers in your own report, read the CCC valuation report, line by line and how projected sold and typical negotiation deductions work.

How long does the insurer have to pay a total loss in New Hampshire?

Short answer: Under New Hampshire rules, payment is due within 5 working days after agreement (N.H. Admin. R. Ins 1002.03, 1002.04, 1002.05). A decision is due within 30 days after notice. These rules may have lapsed in October 2025.

All periods are calendar days unless stated otherwise (Ins 1002.03). Start the investigation within 5 working days of notice. Acknowledge the claim within 10 working days, and reply to all claim communications within 10 working days (Ins 1002.04(b), 1002.05(a)-(b)). Make a complete coverage and payment decision within 30 days of notice. If not possible, send a written delay letter with specific reasons, and another every 30 days. Pay within 5 working days of agreement or of receiving the requested documentation (Ins 1002.05(c)-(f)). Denials and delay letters must include the NH Insurance Department's toll-free consumer number (Ins 1002.05(h)).

Source: N.H. Admin. R. Ins 1002.03, 1002.04, 1002.05

Compare claim deadlines in every state.

Can you negotiate a total loss offer in New Hampshire?

Short answer: Yes. You can reject the offer in writing, ask for the full valuation report and the reason for each deduction, and send your own evidence. The New Hampshire Insurance Department takes complaints about claim handling.

Yes. Within 20 days of receiving the settlement payment, send the insurer 2 reliable sources (local sales or dealer quotes) showing a higher value. This triggers a required recalculation (Ins 1002.15(c)). Also ask for the valuation report (1002.15(d)). Use the policy's appraisal clause if it has one. Ask for an in-person inspection if the insurer relied on photos (NHID bulletin, Apr. 2025). File a complaint with NHID Consumer Services (1-800-852-3416 in-state; 603-271-2261; online form). You can also sue in small claims or superior court.

1. Ask the adjuster in writing for the complete valuation report and the list of comparable vehicles.
2. Check it line by line: negotiation deductions, condition ratings, comparables, tax and fees. How to read the report.
3. Send a written rebuttal with your evidence and a specific number. How to dispute a total loss valuation.
4. If you still disagree on a claim under your own policy, consider the appraisal clause.
5. If the insurer does not follow the rules above, file a complaint with the state.

How long do you have to sue over a totaled car in New Hampshire?

Short answer: Generally 3 years to sue for damage to your car (RSA 508:4, I). Your policy may set a shorter limit for suing your own insurer.

Property damage claims in New Hampshire generally must be filed within 3 years. Your policy may set a shorter deadline for suing your own insurer; check its "legal action against us" clause.

Source: RSA 508:4, I (personal actions; 3 years, with discovery rule)

How to file an insurance complaint in New Hampshire

Short answer: File a free complaint with the New Hampshire Insurance Department online. It asks the insurer for a written response, but it cannot set the amount you are owed.