New Hampshire Car Accident Settlement Process and Timeline

The process and timeline for car accident settlements in New Hampshire can range from several months to years depending on the severity of the personal injury, extent of property damage, and whether a lawsuit is filed.

Whether you’re merging onto I-293 from downtown Manchester or pulling into your local grocery store, there’s always a chance of getting into a motor vehicle accident. Most car accidents are minor fender-benders where you emerge unsettled but uninjured. If you are hurt in a serious car accident, do you know what to do?

Most of the time, car accident victims submit their insurance claim and receive a check a relatively soon afterward. This will not always the case. Certain aspects of accidents, such as medical expenses, can delay a settlement. If you suffer severe bodily injury in a car crash, you may have a valid claim for damages.

This article explains how the car accident settlement process works in New Hampshire. It also lays out the settlement timeline and why your car accident claim may settle out of court or go to trial.

If you’ve recently been involved in a serious car accident, contact a local personal injury attorney. For additional resources on this and other related topics, we’ve included links to helpful FindLaw articles at the bottom of this page.

Steps To Take Immediately After a New Hampshire Car Accident

There are certain things you should try to do immediately after a car crash that will protect your auto accident claim. Following these steps will help your car accident lawyer have a much better chance of getting you a fair settlement.

Regardless of the seriousness of your car accident, you should take the following steps to preserve your claim for damages:

• Immediately call 911: Call the police as soon as possible after the crash, even if the other driver suggests you not involve the cops. The police will come to the scene and do a thorough accident investigation. They’ll include their findings in the police report. A personal injury lawyer will need this report to prove your claim.
• Exchange information with the other motorist: While waiting for the police to arrive, ask the other driver to exchange contact information, a copy of their insurance card, and other pertinent information. This includes driver’s licenses, insurance cards, phone numbers, and so on.
• Take pictures and videos of the accident scene: If possible, take pictures of the accident scene with your cell phone. Try to capture the damage to your vehicle as well as the at-fault driver’s vehicle. Getting a shot of their license plate is also a good idea. Recording a video of the scene, panning over the entire accident site, can help.
• Seek medical treatment: It’s advisable to go to an emergency room to get checked out after an auto accident if the accident was more than just a tap. If you think you’ve suffered a car accident injury or your car is too damaged to drive, a 911 dispatcher will arrange for an ambulance. Your attorney and the insurance providers will need proof of your injuries. The best way to do this is to provide documentation of your medical care. Your attorney will also need a copy of your medical records to assess your damages.
• Contact an experienced car accident attorney: You’re not required to hire an attorney to handle a personal injury claim, but it’s something worth considering. Insurance companies often have massive legal staffs, so getting a seasoned attorney to handle your case might be in your best interests.

Don’t forget to file your car accident claim with the other driver’s insurance company. If you don’t file your claim in time, the insurance adjuster will deny your claim. If you’re uncertain or feeling overwhelmed – which is perfectly normal in this situation – a New Hampshire car accident attorney can be a tremendous help.

Determining Fault in New Hampshire Motor Vehicle Accidents

New Hampshire is an at-fault state when it comes to financial responsibility for car accidents. Car accident victims must file a claim with the at-fault party’s insurance company to receive compensation for their injuries.

Once you file your claim, the insurance adjuster will determine whether the insured is liable for the crash. If they determine that the other driver was at fault, they’ll likely pay your claim, either fully or for what they deem it worth.

If the insurance adjuster decides that you were the one who caused the crash, they’ll deny your claim and advise their client to file a claim with your insurance carrier. If your insurance company seems reluctant to back you up, a New Hampshire car accident lawyer is an option to keep in mind.

New Hampshire law also allows you to pursue damages if you were partially at fault. State law follows the modified comparative negligence rule, which means plaintiffs can sue for damages as long as they were less than 50% at fault for the collision. This rule also states that a plaintiff’s damages will be reduced by their percentage of fault.

Imagine that somebody hits you from behind at a red light. They cause $50,000 in total damages. Your attorney files a claim against the other driver for the $50,000. When the other driver’s car insurance company receives the claim, they file a response asserting that you were 30% at fault for the accident and it will not pay the full demand.

If this case went to court and the judge agreed with the other insurance company’s assessment, it would reduce your damages by $15,000 (30% of the full demand of $50,000).

Let’s take our example a step further and say the other motorist’s insurance company claims that you were 51% at fault for the accident. If the judge agrees, you’d receive nothing since you were more at fault than the defendant.

Types of Damages

If the insurance carrier refuses to pay your claim and you sue the other driver, your New Hampshire car accident attorney must include a list of damages in your complaint. These damages represent any losses you experienced as a result of the crash.

In most car accident lawsuits, the plaintiffs demand the following common types of damages:

• Medical bills
• Extraordinary medical costs
• Future medical expenses
• Lost income
• Lost future income
• Pain and suffering
• Property damage
• Any other out-of-pocket expenses

Your lawyer must also submit proof of damages. They can do this by offering a copy of your medical records, witness statements, the accident report, and other relevant documentation.

Average Car Accident Settlements in New Hampshire

It’s impossible to know how much to expect from a car accident settlement in New Hampshire. Some car accident lawsuits are worth millions of dollars, while others are worth less than $5,000. It depends primarily on the nature and severity of your car accident injuries.

If the only injury is whiplash, you’ll be hard-pressed to recover more than a few thousand dollars. A traumatic brain injury or serious back injury might lead to a recovery of hundreds of thousands of dollars. It all depends on your situation.

Every case is unique, and your settlement amount will depend on several factors, including:

• The severity of the crash
• The at-fault driver’s insurance policy limits
• Whether the other driver fled the scene
• Your age
• Your earning potential
• The level of pain associated with your injuries
• The extent of the property damage
• Whether you need extensive future medical care

Your New Hampshire car accident attorney will not accept a settlement offer that doesn’t at least cover your out-of-pocket expenses. It’s important to remember that you can only recover damages for injuries and losses you actually suffered. You cannot demand millions of dollars in punitive damages or pain and suffering unless you received catastrophic injuries.

Accident Lawsuit Time Limits in New Hampshire?

Every state has filing deadlines for civil and criminal cases. These laws are called a statute of limitations. Under New Hampshire law, plaintiffs have three years from the date of the accident to file a personal injury claim.

Lawmakers implemented statutes of limitations to discourage indefinite threats of legal action. If you miss the statute of limitations period by even one day, the court will dismiss your case and you’ll lose your chance to pursue compensation.

This is one of the many reasons you should consider contacting a New Hampshire personal injury lawyer if you’re involved in auto accident that is serious in any manner. If a personal injury lawsuit is a possibility, you risk the court dismissing your claim and losing the chance to negotiate a fair settlement amount if filing is not done in time.

Related FindLaw Resources

• New Hampshire Car Accident Compensation Laws
• New Hampshire Accident and Injury Laws
• Injury Damages
• New Hampshire Civil Statute of Limitations Laws

Need Legal Help With Your New Hampshire Car Accident Case? Speak to a Lawyer

If you’ve been hurt in a serious car accident, getting legal advice from a New Hampshire personal injury attorney is a solid idea. They’ll review your case, let you know if you have a legitimate claim for damages, and explain your options. They can also give you an idea of what your claim may be worth. Most car accident lawyers in New Hampshire offer new clients a free initial consultation.