New Hampshire Car Accident Compensation Laws

New Hampshire laws require car accident victims to prove the other driver was at fault after a collision. Proof may be hard to find when recovering from an accident or dealing with your insurance company. New Hampshire has other legal requirements, including the type of car insurance coverage you must have and how much time you have to report an accident.

Understanding New Hampshire car accident laws is critical for filing a successful accident claim. This article reviews the insurance requirements and accident report rules for New Hampshire car accident lawsuits.

New Hampshire Car Accident Compensation Laws

New Hampshire is an at-fault state. The driver who caused the auto accident is liable for the property damages and injuries from the collision. The other drivers must file car accident claims with the other driver’s insurance company so the adjusters can determine the degree of fault. If the adjuster denies the claim, the next step is a lawsuit.

New Hampshire drivers must have minimum liability coverage in case of a motor vehicle accident. This insurance coverage lets the insurance company pay out instead of the driver in the event of an accident. Drivers must have at least:

• $25,000 per person/$50,000 per accident bodily injury coverage
• $25,000 property damage liability coverage
• Uninsured motorist/underinsured motorist coverage (UM/UIM). This pays your expenses if an uninsured driver hits you. You should have as much UM/UIM coverage as you can afford.
• Med Pay, for personal medical treatment regardless of fault or other insurance, minimum $1,000

Modified Comparative Negligence

New Hampshire uses a modified comparative negligence rule. Under this rule, you can still recover on your insurance claim even if you were partially liable for your accident. New Hampshire’s law lets a negligent driver recover damages if they are 50% or less at fault.

For example, if you were making a left turn and someone ran the red light and broadsided you, you could be partially liable if you weren’t wearing your seatbelt. You can still recover if your failure caused less than 50% of your damage.

Under modified comparative negligence, your percentage of fault reduces your recovery. If not wearing your seatbelt caused 20% of your injuries, you would only recover 80% of your claim.

Damages and Limits

In a car accident lawsuit, “damages” means the monetary awards given for the costs of your accident. There are two basic types of damages awarded in an accident case.

Economic damages are injuries with specific monetary costs. These damages come from receipts and bills. They include:

• Medical bills, including rehabilitation and future expenses
• Lost wages and income, including future earnings
• Property damage and personal belongings

Non-economic damages are more difficult to calculate since they are usually intangible or emotional. They may include:

• Pain and suffering
• Emotional distress
• Disability and disfigurement
• Loss of consortium

New Hampshire does not award punitive damages in personal injury cases unless a statute specifically provides them. Punitive damages punish a defendant for malicious or deliberately reckless behavior, and the burden of proof is much higher in a car accident.

Time Limits and Damage Caps

New Hampshire law does not impose a cap on economic damages but caps non-economic damages at $875,000. The New Hampshire Supreme Court ruled the latter cap unconstitutional in 1991 (Brannigan v. Usitalo, 134 N.H. 50), but it is still in effect.

Under state law, claimants have a three-year statute of limitations to file their personal injury claims after car accidents. Family members may file a wrongful death claim up to six years after the death of the victim. Claimants should contact a car accident attorney if they have questions about whether the time limit is running out in their case. Victims cannot file a case once the statute has run.

Get Legal Advice from a New Hampshire Car Accident Lawyer

If you need to file an insurance claim or lawsuit after a car crash, you need legal advice from an experienced New Hampshire car accident attorney. Review your car accident case before contacting the insurance company to protect your legal rights.