New Hampshire Motor Vehicle Accident Laws

Insurance Requirements

System type 

Unlike most states, New Hampshire does not mandate auto insurance coverage. That said, the state follows a modified comparative negligence system, meaning your level of fault in an accident could significantly impact your ability to recover damages. Drivers must demonstrate financial responsibility to cover damages if they’re at fault in an accident. This means you need to prove you can pay for any bodily injury or property damage resulting from a crash. If you can’t meet these financial responsibility requirements, your driving privileges may be suspended. 

Optional coverages

While not required, obtaining auto insurance is highly recommended to protect yourself financially. Common types of coverage available in New Hampshire include:

• Liability Coverage: Pays for injuries and damages you cause to others
• Collision Coverage: Covers damage to your vehicle from a collision, regardless of fault
• Comprehensive Coverage: Protects against non-collision-related damages, such as theft or natural disasters
• Medical Payments (MedPay): Covers medical expenses for you and your passengers, regardless of fault
• Uninsured/Underinsured Motorist Coverage: Provides protection if you’re involved in an accident with a driver who has insufficient or no insurance

Penalties for non-compliance

If you’re at fault in an accident and cannot demonstrate financial responsibility, you risk losing your driving privileges until you can provide sufficient proof of your ability to cover the damages. 

Fault Laws

Modified comparative negligence in New Hampshire

New Hampshire follows a modified comparative negligence system. This means you can recover damages as long as you’re less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you’re found to be 20% at fault in an accident with $10,000 in damages, you can recover $8,000. If you’re 51% or more at fault, you’re barred from receiving any compensation.

Multi-vehicle collisions 

In accidents involving multiple drivers, fault is distributed among all parties based on evidence. Each party’s ability to recover damages is reduced by their percentage of fault, making thorough documentation and expert analysis essential.

Special considerations for passengers

Passengers injured in a car accident can file claims against any at-fault driver involved, whether it’s the driver of their vehicle or another party. However, if the passenger’s actions—such as not wearing a seatbelt—contributed to their injuries, their compensation may be adjusted accordingly.

Statute of Limitations

Personal injury claims

In New Hampshire, injured parties have three years from the date of the accident to file a personal injury lawsuit. This includes claims for medical expenses, lost wages, and pain and suffering resulting from the crash. Failing to file within this timeframe means you lose your right to seek compensation, regardless of the severity of your injuries. Exceptions to this rule may apply in cases where injuries are not immediately apparent, in which case the “discovery rule” may extend the filing deadline.

Property damage claims

For property damage claims, such as vehicle repairs or replacement, the statute of limitations is also three years from the date of the accident. This gives vehicle owners time to assess damages, obtain repair estimates, and negotiate with insurance companies before pursuing legal action if necessary. However, waiting too long to take action can make it harder to recover compensation, as evidence like damage photos and repair receipts may become harder to obtain. If the property damage claim is against a government agency, stricter deadlines and additional filing requirements may apply.

Wrongful death claims

If a car accident results in a fatality, family members or legal representatives have six years from the date of death to file a wrongful death lawsuit. This extended period allows grieving families more time to pursue justice and compensation for losses such as funeral costs, loss of companionship, and financial support. However, waiting too long can make it harder to gather crucial evidence or witness testimonies needed to support the claim. Since wrongful death cases often involve complex legal and financial considerations, consulting an experienced attorney as soon as possible is highly recommended.

Exceptions to the Statute of Limitations:

• Discovery rule: If injuries or damages aren’t immediately apparent, the statute of limitations begins when the injury or damage is discovered or should have reasonably been discovered
• Minors: For victims under the age of 18, the statute of limitations is paused until they reach adulthood, after which the standard filing period begins
• Claims involving government entities: Claims involving government-owned vehicles or entities often have shorter deadlines and additional notice requirements. Consulting an attorney promptly is essential to comply with these specific requirements

Accident Reporting Requirements

When to report an accident: In New Hampshire, you must report a motor vehicle accident to the Division of Motor Vehicles (DMV) if any of the following conditions are met:

• Injury or death: If anyone involved in the crash is injured or killed
• Property damage: If the damage exceeds $1,000

Accidents must be reported in writing to the NH DMV within 15 days. If the police respond to or investigate an accident, the officer will submit a written report to the NH DMV. If the police did not investigate, the individual operator(s) are responsible for filing an Operator’s Report (DSMV 400). 

Filing accident reports

To file an accident report:

1. Obtain the form: Download the Operator’s Report (DSMV 400) from the NH DMV website or pick it up at a local DMV office
2. Complete the form: Provide detailed information about the accident, including all involved parties, vehicles, and a narrative of the incident
3. Submit the form: Mail the completed form to:

NH Dept. of Safety
DMV - FR / Accidents
23 Hazen Drive
Concord NH 03305

How to access accident reports

To request a copy of an accident report:

• Complete a request form: Fill out the Request for Motor Vehicle Records (DSMV 505)
• Submit the form: Utilize the Concord Drop Box ONLY for submission
• Fees: The fee for a crash report is $1.00 per page, with a $5.00 minimum. If mailing your request, include a check for $5.00; the DMV will contact you if the cost is more. For fee inquiries, email NH.DMVHelp@dos.nh.gov or call (603) 227-4010

Compensation Limits

Economic damages

New Hampshire does not cap economic damages, allowing victims to recover the full extent of their measurable financial losses. These damages include medical expenses, lost income, loss of earning capacity, property damage, and other out-of-pocket costs directly related to the accident.

Non-economic damages

New Hampshire does not impose limits on non-economic damages either. These damages address intangible losses such as pain and suffering, loss of companionship, and reduced quality of life.

Punitive damages

Punitive damages are awarded in New Hampshire to penalize defendants for egregious misconduct, such as intentional harm or gross negligence. While the state imposes no explicit cap, courts scrutinize such awards to ensure they are proportionate to the harm caused.

Claims against the state

When filing a claim against the State of New Hampshire or its entities, specific procedures and limitations apply. It’s essential to consult with an attorney to navigate these complex rules effectively.

Medical Coverage Considerations

In New Hampshire, understanding medical coverage after a car accident is vital for managing expenses and accessing timely treatment. A combination of insurance options, legal frameworks, and financial tools can help alleviate the burden of medical costs during recovery.

Liability insurance: While not mandatory, liability insurance covers medical expenses and damages if you’re at fault in an accident. Without insurance, you’ll be personally responsible for these costs, which can be substantial.

Medical Payments Coverage (MedPay): New Hampshire auto insurance policies typically offer MedPay as an optional coverage. MedPay covers medical expenses for drivers and passengers regardless of fault, helping with:

• Ambulance services
• Emergency room visits
• Surgical procedures
• Rehabilitation and therapy

Unlike liability insurance, MedPay provides immediate financial support, making it a valuable resource after an accident.

Uninsured/Underinsured Motorist Coverage (UM/UIM): If an at-fault driver lacks adequate insurance, UM/UIM coverage under your policy can cover medical expenses and other damages up to your policy limits. This ensures victims are not left with unexpected financial burdens due to an uninsured driver.

Health insurance: Health insurance may also cover accident-related medical expenses but often serves as secondary coverage after MedPay or other auto insurance benefits are exhausted. Health insurance advantages include:

• Negotiated medical rates
• Protection from accumulating medical debt

However, insurers can seek reimbursement from any settlement under subrogation rules.

Government assistance programs: For those eligible, Medicaid and Medicare may cover medical expenses, serving as the “payer of last resort.” Both programs require repayment from any settlement or judgment obtained, which can complicate financial recovery.

Medical liens and letters of protection

• Healthcare providers can place a medical lien on your settlement or judgment to secure payment for services rendered
• Attorneys can issue letters of protection, promising providers payment from any future settlement or judgment, ensuring ongoing treatment without upfront costs

Unique Local Factors

Weather and road conditions

New Hampshire’s weather plays a significant role in road safety.

• Winter: Snow and ice create hazardous driving conditions, increasing the risk of accidents. Roads, especially in mountainous areas, may become impassable
• Summer: Heavy rain and flash flooding make hydroplaning a common concern
• Fall: Leaf-covered roads can be slippery, leading to reduced traction

Drivers should equip their vehicles with snow tires and remain cautious in inclement weather.

Traffic hazards and wildlife

• Rural roads and wildlife: Deer crossings are common, particularly in the fall, increasing the likelihood of accidents
• Tourist traffic: Destinations like the White Mountains and Hampton Beach bring seasonal congestion, increasing accident risks

Tourism and special events

New Hampshire’s events, such as the Laconia Motorcycle Week and Fall Foliage Season, attract thousands of visitors, leading to heightened accident risks. Additionally, ski resorts in winter months create high traffic on highways like I-93 and Route 16.

Legal Resources & Contacts

If you are involved in a car accident in New Hampshire, several state agencies can assist with accident reporting, insurance inquiries, and law enforcement matters. The New Hampshire Department of Motor Vehicles (DMV) is responsible for handling accident reports and driving records. If you need to file an accident report or request a copy of one, you can do so through their website at dmv.nh.gov or contact them directly at (603) 227-4000.

For questions regarding insurance coverage and consumer protection, the New Hampshire Insurance Department (NHID) provides guidance on auto insurance regulations and policyholder rights. If you need assistance resolving disputes with your insurer or understanding your coverage options, visit their website at nh.gov/insurance or call (800) 852-3416.

If law enforcement is required for accident investigations, the New Hampshire State Police (NHSP) oversee highway safety and enforce traffic laws. They handle accident investigations on state highways and major roadways, ensuring compliance with state laws. For accident-related inquiries or to request a police report, visit their website at nhsp.dos.nh.gov or call (603) 223-4381.