How Car Accident Compensation Works in New Hampshire

New Hampshire is a “fault” or “tort” state for car accidents. That means, to collect damages, injured crash victims and the families of fatal crash victims can file claims against at-fault drivers and other liable parties that caused the accident. 

New Hampshire applies the rule of “modified comparative fault” to car accidents, as well. After a crash, fault is divided among all those involved. Compensation is then reduced by a victim’s percentage contribution to the accident. For example, if someone is 10 percent at-fault in a crash, and they have $100,000 in damages, their compensation would be reduced by 10 percent to $90,000. If you are 51 percent or more at-fault in a New Hampshire crash, state law says that you cannot file a claim to collect damages. 

In general, you have 3 years from the date of your accident to file a New Hampshire car accident injury claim or lawsuit. There are exceptions, however, and sometimes the full 3 years is whittled down to 180 days. An experienced New Hampshire car accident lawyer can review the details of your case, determine the statute of limitations that applies to you, and help you meet legal requirements for a maximum settlement.

Yes. Although most New Hampshire drivers are not required to purchase insurance, they are still liable for damage if they cause a crash. Therefore, to legally drive, New Hampshire motorists must meet state standards for financial responsibility in an accident. Most drivers do this by purchasing car insurance. Because most drivers are not technically required to purchase car insurance, unlike other states, New Hampshire has no minimum insurance purchase requirement. Instead, New Hampshire sets minimum policy requirements for the insurance companies.

Basically, insurance companies are not allowed to sell policies below the required minimum. At minimum, New Hampshire car insurance policies must provide 25/50/25 liability coverage - $25,000 per injured person per crash, $50,000 total per crash, and $25,000 for property damage per crash. Policies must include Medical Payment (Med Pay) and Uninsured Motorist (UM) coverage, as well.

Here is more information about the types of coverage insurance companies are required to offer in New Hampshire car insurance policies: 

• Bodily Injury (BI) pays for the medical bills, pain and suffering, and economic damages incurred by victims in a crash you caused. Minimum coverage is $25,000 per person and $50,000 total per accident.
• Property Damage (PD) pays for damage to property due to an accident you caused. The minimum is $25,000.  
• Uninsured Motorist Bodily Injury (UMBI) pays for your bodily injuries if you are involved in an accident caused by an uninsured driver. The minimum is $25,000 per person and $50,000 total per crash.
• Medical Payment (Med Pay) pays for medical expenses you incur in a crash. It pays out regardless of who is at fault. The minimum is $1,000.

Including: 

• Collision pays to repair physical damage or replace your vehicle after an accident. Typically, banks and other lenders require drivers to purchase this insurance as a condition of getting a car loan.
• Comprehensive pays for physical damage to your vehicle that occurred due to things other than a collision. Not all events are covered, but things like vandalism, fire, and theft typically are. Lenders may also require a driver to carry this protection as a condition of their car loan.
• Towing and Labor pays for expenses if your vehicle becomes disabled and you need roadside assistance. 
• Rental Reimbursement/Transportation Expenses pays a limited amount toward vehicle rental and transportation expenses while your crash-damaged vehicle is repaired. 

An experienced New Hampshire car accident attorney can identify applicable sources of compensation for injured crash victims and fight to get a maximum settlement, verdict, or decision. They can investigate your crash, build a strong case, and negotiate aggressively with the insurance company for results.

Under most circumstances, New Hampshire car accident victims have the right to file lawsuits against at-fault drivers. However, this may not be necessary. Most crashes can be settled through the insurance claims process without going to court. Still, you may want to consider a car accident lawsuit under the following circumstances:

• Your damages exceed policy limits. Injured car accident victims can sue at-fault drivers directly for damages if their expenses and losses are above maximum policy limits. 
• Negotiations have broken down. If the insurance company won’t make you a substantial settlement offer, your attorney can file a lawsuit that demands the compensation you deserve.

How much is a car accident claim worth in New Hampshire?

There are several factors that help to determine how much your car accident claim may be worth. These include accident fault, injury severity, lost wages, and your attorney’s negotiating skills. There are two main types of damages you can collect – economic and non-economic.

• Economic damages are losses with real-life costs like medical expenses, ambulance fees, physical therapy, lost wages, replacement services like childcare, accessibility modifications, vehicle damage, and diminished future earning potential.
• Non-economic damages are losses that do not have a predetermined value like emotional anguish, pain and suffering, and loss of consortium (for a spouse) or guidance (for a child).

In rare cases, “enhanced damages” are available to victims of extreme negligence like drunk drivers, road rage, or another type of reckless or intentional harm. Enhanced damages are awarded by a court in addition to economic and non-economic damages. New Hampshire does not allow victims to seek “punitive damages,” which are intended to punish the at-fault driver and discourage others from such bad behavior.

An experienced New Hampshire car accident lawyer knows how to calculate your losses at the highest value and make a case for maximum compensation that the insurance companies cannot ignore.

What if the other driver doesn’t have insurance?

Even if the other driver doesn’t have insurance, you can still get substantial compensation for your injuries. Most victims of uninsured drivers file first party claims with their own insurance providers for UM benefits. You can also use UM in cases of "phantom vehicles” and hit-and-runs where the driver is never found. Sometimes, more than one party is at-fault in an accident. 

If you were injured or a loved one was killed in a New Hampshire car accident, you shouldn’t have to face the negligent driver, their insurance company, and the company’s lawyers by yourself. An experienced New Hampshire car accident attorney can take on the insurance company and negotiate aggressively for maximum compensation. Car accident and personal injury attorneys work on contingency. That means there is no upfront or out-of-pocket expense for their service. If they don’t win, you don’t pay. 

Don’t be the only one at the negotiating table without a lawyer and never settle for less. With a trusted New Hampshire car accident lawyer, you can feel confident that your case is moving forward while you focus on healing. If you were injured in a New Hampshire car accident, contact a lawyer for a free consultation today.