After a car crash in New Hampshire, make sure everyone is safe and call 911 if anyone is hurt, there is a road hazard, or the damage is serious. Exchange contact, insurance, and vehicle information with the other driver. Take photos, get witness names, and keep records of what happened.
You may need to report the crash to the police or the DMV, depending on the damage and injuries involved. New Hampshire does not require every driver to carry auto insurance, but drivers must be able to pay for damages they cause.
If you were partly at fault, your compensation may be reduced by your share of fault. You usually cannot recover damages if you were more than 50% responsible for the crash. In most cases, you have three years from the date of the accident to file a lawsuit.
Quick Navigation
Key Takeaways
- After a crash, stop safely, call 911 if anyone is hurt or there is danger, exchange contact and insurance information, take photos if you can, and get medical care as soon as possible.
- You generally must report crashes involving injuries, deaths, or major property damage. If police respond, they will usually create an accident report.
- New Hampshire does not require every driver to buy auto insurance, but drivers must be able to pay for damage they cause. If you have insurance, state minimum coverage rules apply.
- If you were partly at fault, your compensation is reduced by your share of fault. You usually cannot recover money if you were more than 50% at fault.
- Most car accident injury and property damage lawsuits must be filed within three years. Claims involving the government or a wrongful death may have different deadlines.
Steps to Take After a New Hampshire Crash
After a car crash in New Hampshire, make safety your first priority. Call 911 if anyone is hurt or the crash is blocking traffic or creating a danger. Stay at the scene. Move your vehicle only if it’s safe and helps prevent another crash.
After a New Hampshire car crash, prioritize safety: call 911 for injuries or hazards, stay at the scene, and move vehicles only when safe.
Exchange your name, contact information, insurance details, and vehicle information with the other driver, as required by RSA 264:25. Take photos of the vehicles, damage, road conditions, traffic signs, and any visible injuries. Write down what happened and get contact information from witnesses.
See a doctor as soon as possible, even if you feel okay at first. Some injuries don’t show symptoms right away. Keep copies of repair estimates, towing bills, medical bills, and other crash-related records.
Before approving repairs, review the costs and check what your insurance policy covers. If you need a rental car, confirm your coverage limits, daily rental costs, and whether your insurance company must approve the rental first.
Reporting a New Hampshire Car Accident
New Hampshire law requires you to report some car accidents, especially if someone is injured or killed, or if there’s major property damage. Call the police as soon as possible. You may also need to file a written accident report with the New Hampshire Division of Motor Vehicles. Reporting the crash quickly and accurately can help protect your rights and preserve important evidence.
When Reporting Is Required
When You Must Report a Car Accident
In New Hampshire, you must report a car accident to law enforcement if someone is injured or killed, or if the crash appears to cause $1,000 or more in property damage.
This applies whether you hit another vehicle, a pedestrian, a bicyclist, or a fixed object, such as a pole, guardrail, or fence. Even if damage looks minor, repairs can cost more than expected.
After a crash, stop in a safe place, check for injuries, and call law enforcement if the reporting requirements apply. Bad weather, road conditions, signs, or disagreements about who caused the crash don’t remove this duty.
Leaving the scene without doing what the law requires can lead to criminal charges or driver’s license consequences. If possible, preserve the scene and get medical care promptly if you think anyone may be injured.
Filing a Crash Report
If police respond to your crash, the officer’s agency will usually prepare the crash report. Contact that agency to ask how to get a copy. Insurance companies, lawyers, and courts may use the report to review fault, injuries, vehicle damage, and witness statements.
If police don’t investigate the crash, you may still have a duty to report it under New Hampshire law. Keep your own records and evidence. Take photos of the vehicles, road conditions, damage, and injuries. Exchange the required information with the other driver, and save receipts for towing, roadside help, repairs, and vehicle maintenance.
Do not repair, throw away, or alter damaged property until your insurance company has had a chance to inspect it. Reporting the crash quickly and keeping good records can help support your insurance claim.
New Hampshire Auto Insurance Requirements
New Hampshire doesn’t generally require drivers to buy auto insurance. However, you must be able to pay for injuries and property damage you cause in a crash.
Under New Hampshire law, you can meet this financial-responsibility requirement by buying insurance, posting a bond, or making a qualifying cash or securities deposit.
If you choose to buy auto insurance, your policy must include at least:
- $25,000 for injuries to one person
- $50,000 total for injuries in one accident
- $25,000 for property damage
You must also carry uninsured/underinsured motorist coverage with the same minimum limits.
If you finance or lease your vehicle, your lender or leasing company may require comprehensive and collision coverage.
Driving without the required proof of financial responsibility can lead to license and registration penalties through traffic court.
How Fault Works in New Hampshire Crashes
Fault in a New Hampshire car accident affects whether you can recover money for your injuries and losses, and how much you may receive. Insurance companies, police, and courts look at what each driver did before the crash.
They may review the police report, witness statements, photos, video footage, vehicle damage, and data from the vehicles or phones. Common causes of crashes include speeding, distracted driving, following too closely, unsafe turns, drunk driving, and failing to follow traffic laws.
New Hampshire uses a comparative negligence rule under RSA 507:7-d. This means more than one person can be partly at fault. If you were partly responsible, your compensation may be reduced by your percentage of fault. For example, if you’re found 20% at fault, your damages may be reduced by 20%.
After a crash, preserve evidence as soon as possible. Take photos, get witness contact information, keep medical records, and avoid saying you were at fault before all the facts are known. A lawyer can review the evidence, determine who may be responsible, and help protect your claim.
How Shared Fault Affects Compensation
If you were partly at fault for a crash, you may still be able to recover compensation in New Hampshire. However, your payment will be reduced by your percentage of fault.
For example, if you’re awarded $100,000 but found 20% at fault, your compensation would be reduced by $20,000.
Under RSA 507:7-d, you generally can’t recover damages if you’re more at fault than all of the defendants combined.
Modified Comparative Negligence
New Hampshire uses a modified comparative negligence rule. This means you can recover compensation only if your share of fault isn’t greater than the combined fault of the people or parties you’re suing.
Under RSA 507:7-d, determining who caused the crash is important—especially when more than one driver may be responsible. Your percentage of fault can affect both whether you can recover damages and how much you may receive.
- Investigators look at what each person did before and during the crash.
- Evidence may include police reports, photos, video, vehicle damage, and witness statements.
- You can challenge an insurance company’s decision about who was at fault.
- If more than one person caused the crash, their combined fault may be considered.
Try to preserve evidence and avoid making statements that an insurer could use to blame you for the accident. A lawyer can review the facts, identify everyone who may be responsible, and help protect your claim during settlement negotiations.
Damage Reduction Rules
Your compensation is reduced by your share of fault. Under New Hampshire’s comparative negligence law, RSA 507:7-d, you can recover damages only if you aren’t more at fault than all defendants combined.
For example, if you’re 30% at fault and your total losses are $100,000, your recovery would be reduced by 30% to $70,000. If you’re more than 50% at fault, you generally can’t recover damages from the other parties.
Evidence can make a major difference in deciding fault. Police reports, witness statements, traffic or security camera footage, and drone photos may help show where vehicles were, how fast they were traveling, and what each person did. Preserve evidence as soon as possible, and avoid making statements that could unfairly increase your share of fault.
Deadlines for New Hampshire Car Accident Claims
After a car accident in New Hampshire, you have a limited time to take legal action. If you wait too long, you may lose your right to seek compensation.
In most cases, New Hampshire law gives you three years from the date of the crash to file a lawsuit for injuries or vehicle damage. This deadline is found in RSA 508:4. Don’t assume that ongoing insurance negotiations will extend the deadline. An insurer can continue talking with you even after the time to file a lawsuit has expired.
Important timing issues include:
- Most car accident injury and property-damage claims: Three years from the crash date
- Claims against a government agency or public entity: Different notice requirements and deadlines may apply
- Injured people who are legally incapacitated: The deadline may be paused or extended in some situations
- Wrongful death claims: Different rules and deadlines may apply
To protect your claim, keep records of the crash, save medical bills and repair estimates, get a copy of the police report, and speak with an attorney as soon as possible.
Frequently Asked Questions
Can I Recover Compensation for Emotional Distress After a Car Accident?
Yes. If someone else caused the car accident, you may be able to recover compensation for emotional distress and pain and suffering.
To support your claim, you may need evidence such as medical records, therapy or counseling notes, statements from family or friends, and other proof showing how the accident affected your mental and emotional well-being.
Are Rental Car Accidents Governed by Different New Hampshire Laws?
No. Rental car accidents generally follow the same New Hampshire negligence and insurance laws as other crashes. However, the rental agreement, insurance coverage you selected, and vehicle-owner laws may affect who is responsible for damages and your potential liability after an accident.
What Happens if an Uninsured Driver Causes My Accident?
About 8% of New Hampshire drivers are uninsured. If an uninsured driver causes your accident, you may be able to pursue a claim directly against them. You may also use your own uninsured motorist coverage, if you have it, to help pay for your damages. Your coverage is subject to your policy limits and may require proof of the accident and your losses.
Can I Sue a Government Entity for Unsafe Road Conditions?
You may be able to sue a government agency if unsafe road conditions caused your injury or property damage. However, these cases are often harder than regular injury claims because government agencies have special legal protections.
You usually must:
- Identify the agency responsible for the road, such as a city, county, or state transportation department.
- File a formal claim or notice within a short deadline, sometimes within months of the accident.
- Show that the agency knew, or reasonably should have known, about the dangerous condition and failed to fix it or warn drivers.
- Prove that the unsafe road condition caused your accident and damages.
There may also be limits on how much money you can recover. Because deadlines and rules vary by location, it is important to act quickly.
How Are Car Accident Settlements Taxed in New Hampshire?
In New Hampshire, money you receive for physical injuries after a car accident is usually not taxable. This can include payments for medical bills, pain and suffering, and lost wages caused by your injuries.
However, some parts of a settlement may be taxable, including:
- Punitive damages
- Interest added to the settlement
- Reimbursement for medical expenses you deducted on a prior tax return
Insurance payments for vehicle repairs or replacement are generally not taxable unless you receive more than your vehicle’s adjusted value.
Because settlement tax rules can be complicated, review the settlement breakdown and speak with a tax professional if you have questions.
Conclusion
After a car accident in New Hampshire, act quickly to protect your rights. Take photos, get contact and insurance information, report the crash if required, and see a doctor if you are hurt.
Who caused the accident matters. Your insurance coverage and any share of fault you may have can affect the money you can recover. New Hampshire also has deadlines for filing a lawsuit, so waiting too long could prevent you from bringing a claim.
Keep records of medical bills, repair estimates, missed work, and other losses. Consider speaking with a qualified attorney as soon as possible to understand your options.
