New Hampshire car accident laws sit apart from most states’ in one big way: the state does not require you to buy auto insurance. That single fact shapes almost everything that follows a crash, from the penalties an uninsured at-fault driver faces to why uninsured motorist coverage matters so much for everyone else. On top of that, the state uses a modified comparative fault rule, gives you three years to file suit for injuries, caps certain wrongful death damages, and bans punitive damages outright. Here is how it all fits together.
What You Must Do at the Scene and After
RSA 264:25 requires you to stop at the scene of any accident you’re involved in and give the other driver or property owner your name, address, license number, insurance information if you have it, and vehicle registration number.1New Hampshire General Court. New Hampshire Code 264:25 – Conduct After Accident If anyone is hurt, notify law enforcement.
You then have 15 days to file a written accident report with the New Hampshire Division of Motor Vehicles if the crash caused a death, any injury, or property damage over $1,000.1New Hampshire General Court. New Hampshire Code 264:25 – Conduct After Accident An investigating officer’s report satisfies the requirement. If no officer responds, the report is on you.
Skip it and the DMV can suspend your license and registration.2Legal Information Institute. New Hampshire Code Saf-C 7505.03 – Failure to File Accident Report Leaving the scene entirely is a separate offense under RSA 264:29, and depending on whether anyone was injured, it ranges from a misdemeanor to a felony.
Insurance Is Optional. Causing a Crash Without It Is Not Free.
New Hampshire runs on a financial responsibility model. You can drive without insurance, but if you cause a crash you have to prove you can pay for the damage. Once the DMV receives an accident report, RSA 264:3 requires the director to suspend the license and registration of any uninsured driver or vehicle owner involved. The suspension lasts until you do two things: post enough security to cover potential judgments from the accident, and provide proof of financial responsibility going forward.3New Hampshire General Court. New Hampshire Code 264:3 – When Proof Required After Report of Accident Drivers who had a valid liability policy or bond at the time are exempt. Drivers without a New Hampshire license or registration cannot get either until they comply.
Minimums If You Do Carry Insurance
Drivers who buy coverage must meet the state’s minimums: $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage.4New Hampshire General Court. New Hampshire Code 264:20 – Amount of Proof of Financial Responsibility Those numbers are low next to the cost of a serious crash, and many drivers buy higher limits.
Every auto policy issued in New Hampshire must also include at least $1,000 in medical payments coverage, which pays reasonable medical costs for you and your passengers regardless of fault, for expenses incurred within three years of the accident.5New Hampshire General Court. New Hampshire Code 264:16 – Medical Payments
Uninsured Motorist Coverage Matters More Here
Because so many New Hampshire drivers skip insurance, uninsured motorist coverage carries real weight. Any liability policy issued in the state must include UM coverage at least equal to the state minimums, and if you buy liability limits above those minimums, your UM coverage automatically matches unless you reject the higher amount in writing.6New Hampshire General Court. New Hampshire Code 264:15 – Uninsured or Hit-and-Run Motor Vehicle Coverage It’s what pays you when the other driver has no coverage or flees.
Fault: The 50% Bar
New Hampshire uses modified comparative fault. You can recover damages only if your share of fault does not exceed the other party’s share. If you are more at fault than the defendant, you get nothing.7New Hampshire General Court. New Hampshire Code 507:7-d – Comparative Fault When multiple defendants are involved, your fault is measured against their combined fault.
Any award you do get is reduced by your percentage of responsibility. If a jury awards $100,000 and finds you 30% at fault, you take home $70,000. At exactly 50% fault in a two-party case, you still recover, but the award is halved.7New Hampshire General Court. New Hampshire Code 507:7-d – Comparative Fault
Fault gets proven with evidence: police reports, witness statements, traffic camera footage, and sometimes accident reconstruction experts. As the injured party you carry the burden of showing the other driver was negligent, and you should expect the other side to argue you contributed to the crash. Thorough documentation from the scene is what keeps a small assigned percentage from becoming a large one.
How Long You Have to File
Personal injury claims have a three-year deadline from the date of the accident under RSA 508:4. Miss it and a court will almost certainly dismiss your case. A narrow exception applies to injuries not immediately discoverable: the clock starts when you discover, or reasonably should have discovered, the injury and its connection to the crash.8New Hampshire General Court. New Hampshire Code 508:4 – Personal Actions
Wrongful death claims run longer. Under RSA 556:11, the administrator of the deceased person’s estate has six years after the death to bring the action.9New Hampshire General Court. New Hampshire Code 556:11 – Limitation of Actions Waiting doesn’t help you. Evidence degrades and witness memory fades.
What You Can Recover, and What You Can’t
A typical injury award covers medical expenses, lost income, and pain and suffering. New Hampshire does not cap noneconomic damages in standard personal injury cases, so there is no statutory ceiling on what a jury can award for pain and suffering.
No Punitive Damages
New Hampshire flatly prohibits punitive damages under RSA 507:16. It doesn’t matter how reckless the other driver was; a jury cannot award damages meant purely to punish. Courts can award “enhanced compensatory damages” when the defendant’s conduct was wanton, malicious, or oppressive, but the extra amount must still be tied to compensating you rather than punishing the defendant.
Wrongful Death Damages and the Caps
When a crash kills someone, the estate administrator brings the wrongful death action. RSA 556:12 lets the court consider the physical and mental pain the deceased suffered, reasonable expenses the estate incurred, the probable remaining years of life, and the deceased person’s earning capacity during their working life.10New Hampshire General Court. New Hampshire Code 556:12 – Damages for Wrongful Death, Elements
Surviving family members can seek additional compensation for the loss of the relationship, but the statute caps those amounts:
- Surviving spouse: up to $500,000 for loss of comfort, society, and companionship.
- Minor children, if the deceased was a parent: up to $300,000 per child for loss of the familial relationship, including affection, guidance, and companionship.
- Surviving parents, if the deceased was a minor child: up to $300,000 per parent for the same familial loss.
The caps apply only to the family-relationship damages, not to economic damages like lost earnings or medical expenses.10New Hampshire General Court. New Hampshire Code 556:12 – Damages for Wrongful Death, Elements Comparative fault still applies. If the deceased person or the surviving claimant was partly at fault, the award is reduced under the same rules that govern any other negligence case.7New Hampshire General Court. New Hampshire Code 507:7-d – Comparative Fault
Filing a Claim and Going to Court
Start by filing a claim with the at-fault driver’s insurer. The company assigns an adjuster who reviews your medical records, repair estimates, and the circumstances of the crash before making a settlement offer. If the at-fault driver is uninsured, you file against your own uninsured motorist coverage instead.
Disputes are routine. Adjusters argue that medical treatment was excessive or unrelated, or that repairs should cost less. Some drag out the process, hoping you’ll accept a lowball offer. You are not obligated to accept a first offer, and you can negotiate. If an insurer appears to be acting in bad faith or violating state insurance law, the New Hampshire Insurance Department’s Consumer Services Division investigates grievances and can take corrective action against companies that violate state rules.11New Hampshire Insurance Department. Filing a Complaint
If negotiations fail, the next step is a lawsuit. Where you file depends on the amount in dispute. District courts share jurisdiction with the Superior Court for cases seeking up to $25,000. Some district courts have expanded jurisdiction for claims up to $50,000. Cases above those thresholds go to Superior Court.12New Hampshire General Court. New Hampshire Code 502-A:14 – Civil Causes
You file a complaint alleging negligence and outlining your damages. The defendant is served and must respond. Both sides then exchange evidence during discovery: documents, depositions, and expert reports. Courts frequently push the parties toward mediation or a settlement conference, and most cases resolve at that stage. If a case does reach trial, a judge or jury decides fault and awards damages.
When a Lawyer Is Worth It
Minor fender-benders with clear fault and small repair bills rarely need legal help. Several situations change that calculation: injuries needing ongoing medical care, contested fault, an uninsured at-fault driver, a wrongful death, or a crash with multiple potential defendants. Attorneys who handle car accident cases in New Hampshire typically work on contingency, collecting a percentage of your recovery (commonly one-third to 40%) and nothing if you lose.
The value shows up most in contested-fault cases, where the other side’s insurer is aggressively arguing you were mostly responsible. Under the 50% bar, that argument doesn’t just shrink your recovery. It can eliminate it. In wrongful death cases the procedural requirements are strict and the damage caps create specific strategic considerations, so representation is close to essential.