# New Hampshire car accident law: deadlines, fault and your claim

> New Hampshire crash claims: the 3-year deadline, the 51% fault bar, optional auto insurance, DMV crash reports and notice rules for government claims.

Canonical page: https://accidentclaimfacts.com/location/new-hampshire/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In New Hampshire you generally have 3 years from the crash to file a lawsuit for injuries, vehicle damage or a death. New Hampshire uses modified comparative fault: your damages are reduced by your share of fault, and you recover nothing if your fault was greater than the other side's. Unlike most states, auto insurance is not required by New Hampshire motor vehicle law, so the driver who hit you may have no policy at all.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 3 years | N.H. Rev. Stat. Ann. § 508:4, I |
| Vehicle damage deadline | 3 years | N.H. Rev. Stat. Ann. § 508:4, I |
| Wrongful death deadline | 3 years | RSA 556:11 and 508:4 |
| Fault rule | Modified comparative: barred at 51% or more | N.H. Rev. Stat. Ann. § 507:7-d |
| Notice to a city or town | 60 days | By registered mail to the clerk |
| Auto insurance | not required by New Hampshire motor vehicle law | Financial responsibility rules apply |
| Minimum limits if you buy a policy | $25,000 / $50,000 / $25,000 | Per person / per crash / property |
| Traffic deaths, 2024 | 133 | IIHS |
| Bar lawyer referral | 603-229-0002 | NHBA Lawyer Referral Service |

## Filing deadlines in New Hampshire

Under RSA 508:4, personal actions may be brought only within 3 years of the act or omission complained of. If an injury and its cause could not reasonably have been discovered at the time, the 3 years run from when they were or should have been discovered.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 3 years | N.H. Rev. Stat. Ann. § 508:4, I |
| Damage to your vehicle or other property | 3 years | N.H. Rev. Stat. Ann. § 508:4, I |
| Wrongful death | 3 years | N.H. RSA 556:11 and 508:4; Cheever v. Southern N.H. Reg'l Med. Ctr., 141 N.H. 589 (1997) |
| Claim against a city or town | Notice within 60 days; suit within 3 years | RSA 507-B:7 |
| Claim against the state | Notice within 180 days; suit within 3 years | RSA 541-B:14 |

Children get extra time under RSA 508:8: an injured child can sue within 2 years after the disability of being a minor ends. This is a form of tolling.

Claims against government have their own rules. New Hampshire requires written notice by registered mail to the town or city clerk within 60 days for local claims, and written notice to the state agency within 180 days for state claims. A late notice of claim is not automatically fatal: the government must show it was substantially prejudiced by not getting notice in time. Sending it on time avoids that argument.

> **Warning:** Talking with an insurer does not pause any of these deadlines. If a claim is still open as the deadline nears, a lawsuit may need to be filed to protect it.

## How fault is shared in New Hampshire

Under N.H. Rev. Stat. Ann. § 507:7-d, your own fault does not bar recovery as long as it was not greater than the fault of the defendant, or of all the defendants together. Your damages are then reduced in proportion to your share.

> **Example:** On a two-lane road near Concord, a driver drifts over the center line and sideswipes your car. A jury finds the other driver 75% at fault and you 25% at fault for speeding. You recover 75% of your proven damages. Had your share been 51%, you would recover nothing.

The [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=nh&fault=20#fault) shows how New Hampshire's rule compares with other states.

## Insurance in New Hampshire

According to the New Hampshire Insurance Department, auto insurance is not required by New Hampshire motor vehicle law. Instead, a driver without insurance must meet financial responsibility rules: you must be able to show you can pay for an at-fault crash, or your driving privileges may be suspended. After a reported crash, the DMV can suspend an uninsured driver's and owner's licenses and registrations until they post security to cover possible judgments (RSA 264:3).

If you do buy a policy, the law sets its content:

- **Liability.** At least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage.
- **Uninsured motorist coverage.** Required if you buy a policy: limits equal to your liability coverage. It also covers drivers whose insurance is lower than yours.
- **Medical payments coverage.** Required if you buy a personal policy: at least $1,000.

New Hampshire is an at-fault state and does not require PIP. The Insurance Information Institute estimates that 10.0% of New Hampshire drivers were uninsured in 2023. Your own uninsured motorist coverage may be the main source of payment after a crash with an uninsured driver; see our guide to [uninsured driver accidents](https://accidentclaimfacts.com/accidents/uninsured-driver-accidents/). The Insurance Department's consumer line is 800-852-3416 (in-state toll-free); 603-271-2261.

## After a crash in New Hampshire

RSA 264:25 sets two duties:

1. **Stop and exchange information.** Stop at the scene of any crash that causes death, injury or property damage. Give the other driver, any injured person and any property owner your name and address, license number, insurer and policy information, registration number, and the name and address of each person in your car. If they cannot receive it, give it to a police officer.
2. **Report to the DMV.** Drivers must send a written report to the DMV within 15 days when a crash injures or kills someone or causes more than $1,000 in property damage, unless a police officer investigated. When an officer investigates, the officer's report meets this duty.

You can get a copy of a police crash report from the police agency that wrote it, which may charge a reasonable fee. Drivers, owners, passengers, injured pedestrians, property owners, their insurers and their lawyers may all request it (RSA 260:14). Our guide to the [police report](https://accidentclaimfacts.com/claim-process/police-report/) explains what it contains.

## Special rules in New Hampshire

**No punitive damages.** Under RSA 507:16, there are no punitive damages unless a statute provides for them. A crash claim pays compensation for losses, not a penalty.

**Caps on claims against government.** A city or town is liable for no more than $325,000 per person and $1,000,000 per occurrence, with no punitive damages (RSA 507-B:4). Claims against the state are capped at $475,000 per claimant and $3,750,000 per incident (RSA 541-B:14).

## Crashes on New Hampshire roads

The Insurance Institute for Highway Safety counted 133 crash deaths in New Hampshire in 2024, or 9.4 per 100,000 people, below the national rate of 11.5 per 100,000 people. Rural roads accounted for 56% of deaths. Speeding was a factor in 29%, and IIHS estimates that 29% of fatally injured passenger vehicle drivers had a blood alcohol concentration of 0.08 g/dL or more.

## Finding a lawyer in New Hampshire

The New Hampshire Bar Association runs the NHBA Lawyer Referral Service at 603-229-0002, weekdays from 9 a.m. to 3:30 p.m., with [online referral requests](https://www.nhbar.org/lawyer-referral-service). It charges a nonrefundable $25 administrative fee and lists personal injury among the matters its lawyers handle. To confirm a lawyer is in good standing, use the Bar's [attorney verification request](https://www.nhbar.org/attorney-verification-good-standing-request). Our guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) explains how these services work.

## FAQ

### What is the statute of limitations for a car accident in New Hampshire?

Generally 3 years from the crash for injuries, vehicle damage and wrongful death. Claims against a city or town also need a notice to the clerk within 60 days.

### Is car insurance required in New Hampshire?

No, not for most drivers. But you must be able to show you can pay for a crash you cause, or your license and registration can be suspended. If you buy a policy, it must include uninsured motorist and medical payments coverage.

### Is New Hampshire a no-fault state?

No. New Hampshire is an at-fault state: the driver who caused the crash is responsible for the losses. PIP is not required.

### Can I recover if I was partly at fault in New Hampshire?

Yes, if your fault was not greater than the other side's. Your damages are reduced by your percentage; at 51% or more, you recover nothing.

### Do I have to report a car accident to the New Hampshire DMV?

Yes, within 15 days if anyone was hurt or killed or property damage was more than $1,000, unless a police officer investigated the crash.

### Can I get punitive damages after a crash in New Hampshire?

Generally no. New Hampshire law bars punitive damages unless a specific statute allows them.

## Sources

- [New Hampshire General Court, RSA 508:4](https://gc.nh.gov/rsa/html/LII/508/508-4.htm) — limitation period and discovery rule
- [New Hampshire General Court, RSA 507:7-d](https://gc.nh.gov/rsa/html/lii/507/507-7-d.htm) — comparative fault
- [New Hampshire General Court, RSA 264:3](https://gc.nh.gov/rsa/html/XXI/264/264-3.htm) — security required after a reported crash
- [New Hampshire General Court, RSA 264:25](https://gc.nh.gov/rsa/html/XXI/264/264-25.htm) — duties after a crash and reports to the DMV
- [New Hampshire Insurance Department, Automobile Insurance Consumer FAQ](https://mm.nh.gov/files/uploads/nhid/documents/nh-auto-guide.pdf) — insurance and financial responsibility
- [New Hampshire Bar Association, Lawyer Referral Service](https://www.nhbar.org/lawyer-referral-service) — referrals and fees
- [U.S. District Court for the District of New Hampshire, opinion 10-NH-008 (applying RSA 556:11 and 508:4)](https://www.nhd.uscourts.gov/sites/default/files/Opinions/10/10NH008P.pdf), checked October 29, 2026
- [New Hampshire General Court, RSA 507-B:7](https://gc.nh.gov/rsa/html/LII/507-B/507-B-7.htm), checked October 29, 2026
- [New Hampshire General Court, RSA 541-B:14](https://gc.nh.gov/rsa/html/LV/541-B/541-B-14.htm), checked October 29, 2026
- [New Hampshire General Court, RSA 508:8](https://gc.nh.gov/rsa/html/LII/508/508-8.htm), checked October 29, 2026
- [New Hampshire General Court, RSA 260:14](https://gc.nh.gov/rsa/html/XXI/260/260-14.htm), checked October 29, 2026
- [New Hampshire General Court, RSA 507:16](https://gc.nh.gov/rsa/html/LII/507/507-16.htm), checked October 29, 2026
- [New Hampshire General Court, RSA 507-B:4](https://gc.nh.gov/rsa/html/LII/507-B/507-B-4.htm), checked October 29, 2026
- [NHTSA, Drunk Driving (risky driving page)](https://www.nhtsa.gov/risky-driving/drunk-driving), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026
