New Hampshire Accident Law Snapshot

New Hampshire Car Accident Claims

Legal Options After a Car Accident in New Hampshire In New Hampshire, car accident victims have multiple legal options. They may file a claim with the at-fault driver's insurance company or pursue a personal injury lawsuit in civil court. New Hampshire follows modified comparative negligence with a 51% bar under RSA §507:7-d - recovery is barred only when the plaintiff's negligence is greater than the defendant's causal negligence (i.e., when fault exceeds 50%). Below that threshold, recovery is reduced proportionally. Compensation can include medical expenses, lost wages, property damage, and pain and suffering. The statute of limitations for personal injury claims is three years, so acting quickly to gather evidence, including police reports and medical records, is essential to strengthen your case and maximize potential compensation.

New Hampshire state map

Quick Facts

  • Statute: 3 years.
  • Fault Rule: Modified comparative negligence, 51% bar (RSA §507:7-d - barred only if fault exceeds 50%).
  • Minimum Coverage: $25,000 per person / $50,000 per accident / $25,000 property damage.

Key Facts for New Hampshire Accident Claims

Statute of Limitations

3 years.

Personal injury claims

Fault System

Modified comparative negligence, 51% bar (RSA §507:7-d - barred only if fault exceeds 50%).

Comparative fault rules

Min. Liability Coverage

$25,000 per person / $50,000 per accident / $25,000 property damage.

State minimums

Uninsured Motorist

Must be offered unless rejected in writing.

Coverage status

Statute of Limitations in New Hampshire

New Hampshire requires that personal injury claims be filed within three years of the accident. Filing late can generally bar recovery. Acting promptly helps preserve medical records, witness statements, and police reports, which are critical to establishing liability. Timely filing ensures that your case has the strongest foundation and improves the chances of receiving full compensation for injuries and property damage.

Don't Wait: Evidence can disappear and memories fade. Contact an attorney as soon as possible after your accident.

New Hampshire's Fault System

New Hampshire follows modified comparative negligence with a 51% bar under RSA §507:7-d. Victims can recover damages as long as their fault does not exceed 50%. Recovery is barred only when the plaintiff's negligence is greater than the causal negligence of the defendant - a plaintiff found exactly 50% at fault is not "greater than" the defendant and can still recover. Compensation is reduced by the plaintiff's percentage of fault. Detailed documentation of the accident, including photographs, medical records, and witness statements, is essential for proving liability and maximizing recovery.

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Insurance Requirements

New Hampshire drivers must carry minimum liability coverage of 25/50/25. Liability insurance covers bodily injury and property damage caused to others. Insurers must offer uninsured motorist coverage unless it is rejected in writing. UM coverage provides critical financial protection in accidents involving uninsured or underinsured drivers, ensuring victims are not left with uncompensated losses.

Crash Data for New Hampshire

New Hampshire records too few large-truck crash deaths each year for a reliable state-level breakdown, so the national figure is the honest one: 85.3% of people killed in large-truck crashes nationwide were outside the truck, in passenger vehicles or on foot (Cash4Crashes analysis of NHTSA FARS 2024).

Of the 10 pedestrians killed in New Hampshire crashes in 2024, 7 (70.0%) died at locations without a marked crosswalk, suggesting a large share of pedestrian fatalities occur in unprotected crossing environments (Cash4Crashes analysis of NHTSA FARS 2024).

Related research: Truck crash victims study · Pedestrian crossings study.

Frequently Asked Questions

New Hampshire law gives you three years from the date of the crash to file a personal injury lawsuit. That deadline runs whether or not you're still negotiating with an insurance company, so a claim that stalls in talks for two and a half years leaves very little room to file suit if negotiations break down. Gathering medical records, photos, and witness statements soon after the accident makes it easier to act quickly if a lawsuit becomes necessary later.

Yes, as long as your fault does not exceed 50%. New Hampshire follows modified comparative negligence with a 51% bar under RSA §507:7-d - recovery is barred only when your negligence is greater than the defendant's causal negligence. A driver found 45% at fault can still recover the remaining 55% of their damages, and a driver found exactly 50% at fault can still recover with damages reduced by that share. At 51% or more, recovery is barred entirely. Photographs, medical records, and witness statements gathered close to the crash date help establish an accurate fault share.

New Hampshire requires drivers who choose to carry insurance to meet at least $25,000 in bodily injury liability per person, $50,000 per accident, and $25,000 in property damage coverage, or 25/50/25. Notably, New Hampshire is one of the few states that doesn't mandate auto insurance outright, which makes confirming the other driver's coverage after a crash especially important. This liability coverage pays for injuries and damage the at-fault driver causes to others, not their own costs.

Insurers must offer uninsured motorist coverage on New Hampshire policies, though drivers can reject it in writing. Because New Hampshire doesn't require every driver to carry auto insurance in the first place, uninsured motorist coverage carries more weight here than in states with mandatory insurance laws. Left unrejected, it applies automatically and pays out when the at-fault driver has no policy at all, closing a gap that's more likely to come up on New Hampshire roads than elsewhere.

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