1. (a) Pursuant to RSA 412:8, III, an insurer shall not apply an insured's collision deductible when the damage is:

   1. (1) Caused by an uninsured motor vehicle;
   2. (2) The operator of the uninsured motor vehicle has been positively identified; and
   3. (3) The operator of the uninsured motor vehicle is solely at fault.
2. (b) Every insurer shall exercise due diligence in determining whether the requirements in (a) above have been met and shall make payment of the collision deductible as soon as practicable and not later than 30 days from the determination.
3. (c) Every insurer shall exercise due diligence in the pursuit of subrogation on behalf of the insured. Upon receipt of the final subrogation recovery, the insurer shall return the insured’s portion as soon as practical but not later than 30 days from receipt of the final recovery.

Source. #8900, eff 7-1-07; renumbered by #9495 (from Ins 1002.18), EXPIRED: 7-1-15 New. #10962, eff 10-26-15