RSA Chapter 508-B — Procedure for Advance Payment on Claims for Damages for Bodily Injury, Death or Property Damage

Title LII — Actions, Process, and Service of Process

Current through the 2025 Regular Session of the New Hampshire General Court.

Title LII Actions, Process, and Service of Process

RSA 508-B:1 Payment: Not to Imply Liability

No advance payment or partial payment of damages made by any person, or made by his insurer under liability insurance, as an accommodation to an injured person or on his behalf to others or to the heirs at law or dependents of a deceased person, because of a personal injury or death claim or potential claim against any person or insured shall be construed as an admission of liability by the person claimed against, or as a recognition by such person or by his insurer of such liability, with respect to such injured or deceased person or with respect to any other claim arising from the same accident or event. Any such payments shall, however, constitute a credit against and be deducted from any final settlement made or judgment rendered with respect to such injured or deceased person which does not expressly provide to the contrary.

Source. 1971, 456:6, eff. Aug. 29, 1971.

RSA 508-B:2 Duty of Person Making Payment

Any person, including any insurer, who makes an advance or partial payment as described in RSA 508-B:1 shall, at the time of beginning payment, notify the recipient thereof in writing:

I. That the payment is not any assurance that a final settlement of the claim will be made.

II. That the period of time in which the recipient may bring an action against such person is limited by law, and what the applicable limitation period is and when it will expire.

Source. 1971, 456:6, eff. Aug. 29, 1971.

RSA 508-B:3 Statute of Limitations Tolled by Failure to Provide Notice

Failure to provide the written notice required by RSA 508-B:2 shall operate to toll the applicable statute of limitations from the time of such advance or partial payment until such written notice is actually given.

Source. 1971, 456:6, eff. Aug. 29, 1971.