How is a total loss determined in New Hampshire?

In New Hampshire, a vehicle is a total loss if the cost of repairs plus the salvage value equals or exceeds 75% of its actual cash value. The insurance company must use accepted valuation methods and cannot use arbitrary estimates.

Can I dispute my insurer’s total loss valuation?

Yes. If you believe your vehicle’s value was underestimated, you can challenge the insurer’s valuation by providing comparable listings, appraisals, or documentation showing higher market value.

What should I do if I was injured and my car was totaled?

If you were injured, contact a New Hampshire car accident lawyer immediately. Apis Law can help you recover compensation for both bodily injury and total loss vehicle claims under RSA 508:4.

No Car After an Accident? It's a Total Loss. What Are Your Rights?

Keith Diaz
Oct 28, 2025
3 min read

Updated: Nov 19, 2025

Two vintage cars with frontal collision damage are parked on a street. One has a license plate reading "Apis Law." The mood is tense.

If your car is paid off and someone crashes into it, the aftermath can be overwhelming. You’re left without a vehicle, the insurance company calls it a total loss, and you’re forced to buy another car. Even worse, you may be hurt, facing neck or back pain, medical bills, and missed work.

When your car is declared a total loss in New Hampshire, it’s critical to know your rights under state law. You may also be entitled to compensation for your injuries if another driver was at fault.

👉 Learn how Apis Law helps injured drivers recover full compensation after a New Hampshire car accident.

How New Hampshire Insurance Companies Determine a Total Loss

In New Hampshire, a vehicle is considered a total loss when the cost of repairs plus the salvage value equals or exceeds 75% of the vehicle’s actual cash value (ACV).

Insurance companies use this calculation to decide whether repairing the vehicle is economically feasible.

Example:

If your car’s ACV is $10,000 and the combined repair and salvage value is $7,500 or higher, the insurer will declare it a total loss.

What Costs Are Excluded

New Hampshire law excludes certain expenses, such as tires, entertainment systems, and airbags, from repair calculations. These costs don’t affect the car’s structural safety and may not be included in the total loss threshold.

Were You Injured in a New Hampshire Car Accident?

Find out how Apis Law helps clients recover for medical bills, pain, and loss of use after serious crashes

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Empty road in new Hampshire with yellow lines leads to distant mountains at sunrise. Trees line the sides under a clear blue sky, creating a serene scene.

How the Value of Your Vehicle Is Determined

When your vehicle is totaled, the insurer must calculate the payout based on objective market value — not arbitrary estimates.

They consider:

Make, model, and year
Vehicle condition and mileage
Market values in your region
Aftermarket modifications or upgrades

Insurance companies must use approved valuation methods published by the New Hampshire Insurance Department each year. This could involve using statistical guides, such as the National Automobile Dealers Association (NADA) values, or checking listings for comparable vehicle sales in your local area. If you believe your car was undervalued, you can dispute it by submitting comparable listings or an independent appraisal.

What Is a Salvage Certificate?

When a car is declared a total loss, insurers must apply for a Salvage Certificate within 20 days.

This document ensures that the vehicle’s damaged status is permanently recorded in the title history — preventing undisclosed resales.

A valid salvage certificate must include:

• Vehicle year, make, and VIN

• Odometer reading

• Purchase date (if available)

This protects future buyers and ensures legal transparency in the resale process.

Insurance Settlements After a Total Loss

Your insurance payout is based on your car’s actual cash value (ACV) at the time of the crash — factoring in depreciation and current market conditions.

If the offer seems low, you have the right to dispute the settlement. Request the insurer’s valuation report and provide your own data to support a higher amount. Apis Law assists clients in negotiating fair total-loss settlements when insurance companies undervalue vehicles or delay payment.

Injured and Your Car Was Totaled? Know Your Legal Rights.

If you suffered injuries in a crash that resulted in a total loss, you may have two claims:

A property damage claim for the totaled vehicle.
A personal injury claim for medical bills, lost wages, and pain and suffering.

New Hampshire’s RSA 508:4 gives you three years to file a lawsuit, but early action is vital to preserve evidence and protect your claim.

📞 Call Apis Law at (603) 785-1013 or visit New Hampshire Car Accident Attorney to discuss your case with Attorney Keith F. Diaz.

View from inside a heavily damaged car on a New Hampshire highway, facing a red car with open door. Debris scattered, clear sky, trees in background.

Summary — Protect Your Recovery and Your Rights

When your car is totaled, it’s not just a property issue — it’s often a life disruption. Understanding your insurance rights and acting promptly can make the difference between receiving fair compensation and incurring a financial loss.

Apis Law helps drivers across Manchester, Goffstown, Bedford, Hooksett, and Concord secure full recovery for: