Auto Accident, PIP & Medical Billing State Guides

New Hampshire Auto Accident, PIP & Medical Billing Laws

New Hampshire operates an At-Fault automobile insurance framework under Title XXI and Title XXXVII of the New Hampshire Revised Statutes Annotated (RSA). Under RSA 264:16, whenever auto liability insurance is purchased, it must include at least $1,000 in Medical Payments (MedPay) coverage. Motor vehicle liability is governed by modified comparative fault with a 51% bar under RSA 507:7-d, and hospitals enforce statutory liens under RSA 448-A.

Accountability & Review
Reviewed by Millennova Legal Operational Integrity Team, Senior Audit and Arbitration Analysts
Last Reviewed
2026-03-01

Plain-language overview

At-Fault / Traditional Tort (Mandatory $1,000 MedPay When Insured & New Hampshire Hospital Lien Act)

New Hampshire is the only state that does not mandate purchase of auto liability insurance (operating under financial responsibility laws), but under RSA 264:16, if an automobile liability policy is issued, it must provide first-party Medical Payments (MedPay) coverage of at least $1,000 per person. Motor vehicle accident claims are governed by modified comparative fault under RSA 507:7-d, allowing recovery if the claimant's fault was not greater than the fault of the defendants. Hospitals secure unpaid inpatient and outpatient medical balances by asserting statutory liens under RSA Chapter 448-A.

PIP and MedPay coverage

Mandatory Med Pay Offering

Under RSA 264:16, every auto liability policy issued in New Hampshire must provide at least $1,000 in MedPay coverage per person (with higher optional limits available), paying reasonable medical, surgical, dental, hospital, and funeral expenses incurred within 3 years of the collision

Made Whole Doctrine

Under New Hampshire common law, an automobile insurer's subrogation right for MedPay benefits is subordinate to the Made-Whole doctrine, preventing insurer recovery from a third-party settlement until the injured insured is fully compensated

Assignment Of Benefits

Healthcare providers routinely obtain patient assignments of MedPay benefits for direct claims submission to automobile insurers

Medical fee schedule and reimbursement rules

Name

Reasonable and Customary Fee Standard

Rules

New Hampshire does not enforce a statutory fee schedule table for motor vehicle accident medical bills outside of workers' compensation. Providers bill standard reasonable and customary charges prevailing in the local medical community for comparable care.

Cpt Basis

CPT/HCPCS itemized coding on standard CMS-1500 or UB-04 billing claims

Preauthorization and utilization review

Requirement

Preauthorization is not required by statute for emergency trauma care or initial acute stabilization. Elective surgical interventions and prolonged physical therapy regimens are evaluated under insurer medical necessity guidelines.

Carrier Examinations

Under standard auto policy terms, insurers may request medical records or independent physician reviews to evaluate causal relationship to the motor vehicle collision.

Appeals and dispute resolution

Prompt Payment Statute

Under RSA 415:6-h, insurers must pay clean claims within 30 calendar days of receipt. Claims not paid within 30 days accrue statutory interest from the date the claim became overdue.

Hospital Lien Act

Under RSA Chapter 448-A (Liens in Favor of Hospitals), any licensed hospital in New Hampshire has a statutory lien upon personal injury claims, verdicts, and settlements for reasonable hospital charges. To perfect the lien, the hospital must file notice with the clerk of the city or town where the hospital is situated and serve written notice on the patient and liability insurer prior to distribution of proceeds.

Dispute Forum

New Hampshire Superior Court (or Circuit Court District Division for claims up to $25,000) for civil recovery actions.

Claim and dispute deadlines

Deadlines can depend on the trigger event and may be affected by agency relief notices. Confirm the live rule before filing.

EventTimeframe
Accident NoticeNotice to insurer as soon as reasonably practicable
MedPay Claim SubmissionSubmission within standard policy billing deadlines (typically 1 to 3 years)
Clean Claim Payment Window30 calendar days from receipt of clean claim (RSA 415:6-h)
Municipal Clerk Lien FilingMust be filed with city/town clerk and served on insurer prior to payment (RSA 448-A:2)
Statute of Limitations3 years from accident date for personal injury tort claims (RSA 508:4); 3 years for contract claims

Documentation checklist

  • New Hampshire MedPay Claim Application Form
  • Executed Assignment of Benefits (AOB) and medical records authorization
  • Itemized CMS-1500 or UB-04 billing form with CPT/HCPCS codes and ICD-10 diagnostic coding
  • Contemporaneous medical records, emergency intake documentation, operative reports, and imaging findings
  • Filed Notice of Hospital Lien with municipal clerk recording stamp (RSA 448-A:2)
  • Insurer Explanation of Benefits (EOB) or written explanation of claim determination

Responsible agencies

Primary legal and regulatory sources

  1. New Hampshire Revised Statutes Annotated Chapter 448-A (Liens in Favor of Hospitals)New Hampshire General Court · 2024
  2. New Hampshire Revised Statutes Annotated Chapter 264, Section 264:16 (Medical Payments)New Hampshire General Court · 2024

This operational reference is educational, is not legal advice, and does not create an attorney-client relationship.

Common questions

What rules govern auto accident, pip & medical billing state guides in New Hampshire?
New Hampshire operates an At-Fault automobile insurance framework under Title XXI and Title XXXVII of the New Hampshire Revised Statutes Annotated (RSA). Under RSA 264:16, whenever auto liability insurance is purchased, it must include at least $1,000 in Medical Payments (MedPay) coverage. Motor vehicle liability is governed by modified comparative fault with a 51% bar under RSA 507:7-d, and hospitals enforce statutory liens under RSA 448-A.
What dispute deadlines should providers track in New Hampshire?
Accident Notice: Notice to insurer as soon as reasonably practicable; MedPay Claim Submission: Submission within standard policy billing deadlines (typically 1 to 3 years); Clean Claim Payment Window: 30 calendar days from receipt of clean claim (RSA 415:6-h). Verify the trigger date, current agency notices, and any extension before acting.
Which agencies administer these rules in New Hampshire?
The guide identifies New Hampshire Insurance Department (NHID). The correct agency depends on the plan and claim jurisdiction.