Settlement of Automobile Bodily Injury Cases

Settlement of Automobile Accident Bodily Injury Cases

August 17, 2000

The New Hampshire Legislature recently passed a law requiring notice of potential waiver of uninsured/underinsured motorist claims when settling claims for bodily injury resulting from an automobile accident.⁽¹⁾

The new law amends N.H. R.S.A. 264:15 (the uninsured/underinsured motorist statute) and takes effect on August 20, 2000. It requires that "[e]very document tendered to settle a claim for bodily injury which may be the subject of [uninsured/underinsured motorist coverage] shall prominently contain, in substance, 'Warning - signing this document may affect your right to claim benefits under your uninsured or underinsured motorist coverage. Check with your own automobile insurance company or insurance agent before signing.'"⁽²⁾

This law will affect three areas of automobile injury practice:

Releases. A notice of potential waiver should be included on any settlement release in a third-party bodily injury case, regardless of whether the case is settled directly by an adjuster or by defense counsel;

Settlement Checks. The law is broad enough to arguably require a notice of potential waiver to be placed on any settlement check which purports to be a "full and final settlement" of bodily injury claim; and

Written Offers. The law also arguably requires a similar notice to be placed on any written offers of settlement in bodily injury cases.

I have prepared samples of a release and letter to illustrate how the new notice could be incorporated.

Notes:

1. 2000 N.H. Laws 324

2. Id.