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Attorneys reviewing New Hampshire car accident cases

On this page
  1. Key New Hampshire rules
  2. What happens if the driver who hit me has no insurance?
  3. Which policies might pay for my injuries?
  4. Are moose and black ice crashes anyone's fault?
  5. How does New Hampshire's fault rule affect an I-93 crash?
  6. Do I have to report a crash in New Hampshire?
  7. What should I do after a New Hampshire crash?
  8. Common car accident cases
  9. Attorneys reviewing these cases
  10. Frequently Asked Questions

Key New Hampshire rules for car accident claims

Personal injury filing deadline
3 years
Fault rule
Modified comparative fault (51% bar)Your award is reduced by your share of fault, and you cannot recover anything if you are found more than 50% at fault (51% or more).

What happens if the driver who hit me has no insurance?

You usually turn to your own uninsured motorist coverage. New Hampshire does not require most drivers to buy auto insurance, so crashes with uninsured drivers are a real and recurring problem.

Uninsured drivers are still legally responsible for the harm they cause, and the state can require them to show financial responsibility after a crash. But a judgment against someone without insurance or assets may be hard to collect. That is where your own coverage comes in. Policies sold in New Hampshire generally include uninsured motorist coverage, which pays for your injuries when the at-fault driver cannot. It also usually applies when a driver is underinsured or leaves the scene.

Which policies might pay for my injuries?

Often more than one. Our team looks at every policy that could apply, because a single policy rarely covers a serious injury.

Possible sources include:

  • The at-fault driver's liability insurance, if the driver has any.
  • Your own uninsured or underinsured motorist coverage.
  • Medical payments coverage, which policies sold in New Hampshire generally include, and which helps with early bills regardless of fault.
  • Policies held by relatives in your household.
  • An employer's commercial policy, if the at-fault driver was working.
  • Your health insurance, which may need to be repaid from a settlement.

Sorting out the order in which these policies pay, and which ones claim repayment, is a core part of a New Hampshire car case.

Are moose and black ice crashes anyone's fault?

Sometimes. An animal on the road or a patch of ice does not automatically excuse a driver. The question is whether the driver acted reasonably for the conditions.

New Hampshire drivers are expected to slow down in known wildlife areas, at night and on icy roads. Common patterns include:

  • A driver going too fast on a dark North Country road who cannot stop for a moose.
  • A car sliding on black ice through an intersection because it was moving too quickly.
  • A following driver who rear-ends a car that stopped for wildlife.
  • Out-of-state drivers slowing suddenly for foliage views on the Kancamagus Highway or in Franconia Notch.

Insurers often call these crashes unavoidable. Weather data, road treatment records and vehicle event data can show whether a careful driver could have avoided the collision.

How does New Hampshire's fault rule affect an I-93 crash?

Your award is reduced by your share of fault, and you recover nothing if your share is greater than the fault of the defendants. Commuter crashes on busy highways often involve disputes about who changed lanes or braked first.

Picture a crash on I-93 near Salem. Traffic slows near the Massachusetts line, and another driver merges into your lane without looking. Your damages total $70,000. The insurer argues you sped up to block the merge. If a jury finds you 20% at fault, you receive $56,000. If it finds you 50% at fault, you receive $35,000. If it finds you 51% at fault, you receive nothing.

Dash camera video, witness statements and photos of vehicle damage help show who moved into whose lane. Damage on the side of your car rather than the front often tells a clear story.

Do I have to report a crash in New Hampshire?

Yes, call police when anyone is hurt. Drivers may also need to file their own written report with the state within a short time after a crash involving injury or significant damage.

New Hampshire State Police handle many highway crashes, while local police cover town roads. Ask which agency responded and how to get the report. Tell the officer about every symptom. Then contact your own insurer quickly, because uninsured motorist claims often require prompt notice.

What should I do after a New Hampshire crash?

Get care, find out about insurance, and preserve evidence. You generally have three years to file a lawsuit, but insurance notice deadlines and evidence fade much sooner.

  1. Get medical care and keep all records.
  2. Ask whether the other driver has insurance, and record their name, address and plate.
  3. Notify your own insurer promptly.
  4. Photograph the scene, vehicles and road conditions.
  5. Save witness names and note any nearby cameras.
  6. Talk with our team.

Learn more on our car accident practice page and our New Hampshire injury law overview. If you were riding a motorcycle, see our New Hampshire motorcycle accident page, and if you were in an Uber or Lyft, our rideshare and taxi accidents page explains which coverage applies.

Attorneys reviewing New Hampshire car accident cases

Frequently Asked Questions

Can I sue an uninsured driver personally in New Hampshire?

Yes. An uninsured driver who causes a crash is still responsible for the harm, and you can bring a claim against that driver directly. The challenge is collecting, since many uninsured drivers have limited assets. That is why your own uninsured motorist coverage is often the practical source of payment. Our team evaluates both paths.

Does my uninsured motorist claim follow the same fault rules?

Generally, yes. Your insurer stands in the shoes of the uninsured driver, so it can argue you were partly at fault. Your award can be reduced by your share of fault, and you recover nothing if you are found more than 50% at fault. Your own insurer can become an opponent on this issue, so be careful in statements.

What if a Massachusetts driver hit me in New Hampshire?

A crash on New Hampshire roads is usually governed by New Hampshire law, even if the other driver lives in Massachusetts. Massachusetts drivers are required to carry insurance in their home state, so their policy may provide coverage. Your own New Hampshire coverage may also apply if their limits are not enough.

Can I recover if a snowplow hit my car in New Hampshire?

Possibly. If a private contractor operated the plow, ordinary negligence rules usually apply. If a town or the state operated it, special rules for government claims may limit or shape the case. Plow drivers must still use reasonable care. Tell our team quickly so we can identify who operated the plow and which rules apply.

General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

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