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

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.

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 tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary.

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 claimNotice of claim. A written notice that must be sent to a city, county or state agency before you can sue it, often within a few months. Glossary 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.

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.

The fault-rule explainer 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 responsibilityFinancial responsibility. A state rule that drivers must be able to pay for crash damage they cause, usually shown with an insurance policy or other approved proof. Failing to meet it can cost you your license. Glossary 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 coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary. Required if you buy a policy: limits equal to your liability coverage. It also covers drivers whose insurance is lower than yours.
• Medical payments coverageMedical payments coverage (MedPay). Optional or required coverage on your own auto policy that pays medical bills after a crash, up to a set limit, whoever caused it. Unlike PIP, it usually does not pay lost income. Glossary. 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. 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 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. 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. Our guide to lawyer referral services explains how these services work.