See how to protect your rights and build a strong injury claim after a New Hampshire car accident.
On average, more than 90 motor vehicle crashes happen every day on New Hampshire roadways.¹
New Hampshire is a traditional fault state, so you can file an insurance claim or lawsuit against the at-fault driver and any other liable parties. Here’s what you need to know about New Hampshire laws to build a solid claim.
What to Do After a New Hampshire Car Accident
Drivers who violate New Hampshire car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Here are five steps you can take after a crash to comply with the law.
1. Stay At the Scene and Exchange Information
New Hampshire drivers are required to stop and remain at the scene of an accident involving bodily injury, death, or property damage over $1,000.
Drivers must exchange their name and address, driver’s license number, insurance provider and policy information, the registration number of the vehicle, and the name and address of each occupant.
2. Call 911 and Help the Injured
In New Hampshire, drivers are required to report any accident to the police that involves an injury or property damage in excess of $1,000. You must submit the report in writing, unless police come to the accident scene and make their own report.
Calling 911 can satisfy your legal obligation to report the crash when police respond to investigate.
New Hampshire law does not require drivers to render aid to a car accident victim. However, when you call 911 to report the accident, you should tell the dispatcher if anyone appears to be injured or is asking for medical help.
3. Seek Prompt Medical Treatment
Accidents happen quickly. You might be stunned, or you may experience a rush of adrenaline after a crash. Either way, your reaction may be masking symptoms of serious injury, especially if you’re worried about someone else in your vehicle.
Never refuse or delay medical attention after an accident. Delaying medical care not only jeopardizes your health, it also gives the insurance adjuster a handy excuse to deny or minimize your claim. The adjuster will argue that your injuries didn’t happen in the crash or that you failed to mitigate your damages.
Let emergency responders examine you at the scene. If paramedics want to transport you to the hospital, go with them. If you aren’t taken to the hospital by ambulance, go to the hospital or an urgent care center on your own, preferably on the same day as the crash.
Tell the medical provider about every injury and symptom you’ve experienced since the crash, not just the most noticeable one. You’re entitled to payment for all your injuries, including minor injuries.
4. Gather Evidence From the Scene
Because New Hampshire is a traditional fault state, the insurance company won’t pay your claim without proof that their insured caused the accident. You need evidence to show the other driver did something wrong or failed to do what any reasonable person would do to prevent the accident.
The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
If you decide to handle your own insurance claim, it will be up to you to notify both your own insurance company and the at-fault driver’s company as soon as possible after the accident.
Begin the claim process by notifying the at-fault driver’s insurer of your intent to file an injury claim. You don’t have to be fully healed from your crash injuries before contacting the insurance company.
The other driver’s insurer will usually respond with a letter giving a claim number and the adjuster’s contact information. You might get a call from an adjuster offering a quick settlement, but don’t be hasty.
Throwing a little money at you up front is an adjuster tactic to see if you’re desperate or gullible enough to settle at the first offer. Adjusters are trained to close down injury claims as fast as they can for as little money as possible.
Rarely is it in your best interest to settle a claim while still recovering from your injuries. It’s okay to tell the adjuster you’ll get back to them when you’re ready to discuss settlement.
Why Notify Your Own Insurance Company?
Your auto policy is a legally binding contract that includes a “notification and cooperation” clause. This means you must notify your insurance company of an accident right away, no matter who’s at fault. Your insurance company has a legal duty to defend you against lawsuits arising from vehicle accidents.
You could forfeit valuable protections if you neglect to notify your insurance company or don’t cooperate with their accident investigation.
Severe or complicated cases should always be handled by an experienced personal injury attorney to ensure the best outcome, but you can consult an attorney for any kind of car accident injury. When you hire an attorney, you won’t have to deal with either insurance company. Your attorney will communicate and protect your interest with both companies.
New Hampshire Fault and Liability Rules
New Hampshire is a traditional fault state. You can demand compensation from the at-fault driver and any other parties that may be liable for your injuries. Other liable parties might be the vehicle’s owner (if not the driver), and the driver’s employer if they were on the job or driving a company vehicle when the accident occurred.
Whether you file an insurance claim or a lawsuit, you bear the burden of proving fault for the accident.
New Hampshire Shared Fault Rules
New Hampshire is a modified comparative fault state, also known as the 51 percent rule. This rule means you can seek compensation from the other party so long as you are not more to blame than they are. Your payout will be reduced by your percentage of shared fault.
Example of Modified Comparative Fault in New Hampshire
Josh was driving along Maple Avenue in Claremont, approaching Lindy Avenue. It was snowing, nearing dark, and he was in a hurry to get home. He stepped on the gas, increasing his speed.
Daniel was also traveling on Maple Avenue, approaching Lindy from the other direction. Attempting to turn left onto Lindy Avenue, he turned in the path of Josh’s speeding car. Both drivers suffered significant injuries from the collision.
Daniel was cited for failing to yield the right of way while making a left turn. The police also took witness statements that Josh was “flying” down the road before the crash.
Josh filed a $50,000 injury claim with Daniel’s insurance company. When they could not come to settlement terms, Josh filed a lawsuit against Daniel. At trial, the jury looked at the police report and heard witness testimony about the accident. The jury found that Josh and Daniel were equally to blame for the collision.
Because of New Hampshire’s comparative fault rules, Josh’s $50,000 claim was reduced to $25,000.
New Hampshire Car Accident Compensation
The average settlement for a moderate car accident claim in New Hampshire is $51,817, with average payouts ranging from $9,488 for minor injuries to $561,944 for severe injuries.
Injury settlements in New Hampshire can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Rockingham County, Krol v. Callioras, 2015-0071, the plaintiff was awarded $8,142 for TMJ and back injuries. The accident happened in the bank drive-in line.
- In Belknap County, Sharifova v. Riley, 2011–0755, the jury awarded $150,000 for a broken jaw and other injuries after a 49 percent reduction for shared fault.
Factors that impact New Hampshire car accident compensation:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like tractor-trailers, delivery trucks, and municipal vehicles carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
New Hampshire State Minimum Insurance Requirements
New Hampshire does not require residents to carry auto insurance. However, drivers are required to meet motor vehicle financial responsibility requirements in the event of an “at-fault” accident. Most people meet that responsibility by purchasing auto insurance.
Auto insurance policies in New Hampshire must have at least $25,000 per person/$50,000 coverage per accident for bodily injury, up to $25,000 for property damage, and no less than $1,000 in Medical Payments Coverage.
Policies sold in New Hampshire must include uninsured motorist (UM) and underinsured motorist (UIM) coverage for bodily injuries in an amount equal to the policy’s liability limits.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, like medical bills, out-of-pocket expenses, and lost income, then adding one to three times that total to account for your non-economic damages, better known as pain and suffering.
The amount the insurance company will pay for pain and suffering depends on how much your injuries disrupted your life after the accident. A multiple of one is reasonable for a few days on the recliner with a heating pad on your neck. A multiple of two or three is justified for a painful herniated disc that restricted your activities for two months.
Serious injury claims, including wrongful death claims, should be handled by an experienced personal injury attorney to maximize compensation for the accident victim and their family.
Your attorney will fight allegations of shared fault and identify all sources of compensation. They will also gather evidence of past and future medical expenses, lost earning capacity, and the extensive pain and distress arising from serious injuries.