Traffic Accident Settlements - New Hampshire

All U.S. states, including New Hampshire, have laws that affect how traffic accident claims and settlements are handled.  In this article, we'll look at some of the key New Hampshire laws in this area, including the rules that affect how long you have to file a lawsuit after a crash, and what happens if you are found to be partly at fault for the accident.

Statute of Limitations in New Hampshire

Drivers who suffer personal injuries or property damage in New Hampshire have three years to file a court case seeking money compensation (known as "damages") for their losses.  Title LII, Chapter 508, Sec. 508.4  This three-year clock starts ticking on the day of the crash.  Drivers who wait more than three years to file their lawsuit will likely find that their right to go to court over the car accident is barred altogether.

Three years sounds like a long time, but if you're dealing with injuries or property damage after a crash, it can fly by. That's why it's wise to file an insurance claim as soon as possible after the accident.

Keep in mind that the three-year time limit does not affect how long you have to file a claim with an insurance carrier (whether yours or the other driver's), but filing early gives you and the carrier plenty of time to investigate the accident and to negotiate for a fair settlement. If negotiations fail, you'll still have time to go to court -- and merely being able to say that you're ready to file a lawsuit can be an important bargaining chip.

One thing to consider: if your accident involved a government employee or government property (say, if you were hit by a city bus), you'll need to follow a different set of rules, and you'll likely have a lot less than three years to get your claim started. Claims against the government work differently than claims against private individuals. To learn more, see Accidents Involving the Government: Claim Basics.

Comparative Fault Rules in New Hampshire

New Hampshire is a "modified" comparative fault state. This law affects how much you can recover in a traffic accident lawsuit if you are found to be partly at fault for the accident. To understand how modified comparative fault works, we'll look at an example.

Suppose that you are in a crash involving one other driver. Since you're pretty sure the other driver is at fault for the crash and should therefore help pay your medical bills and other expenses, you file a lawsuit seeking damages. After deliberating on your case, the jury decides that the total damages amount should be $100,000 -- including your medical bills, lost wages, pain and suffering, and all the other losses related to the accident. The jury also finds that the other driver is 90 percent at fault for the accident, and that you are 10 percent at fault.

How does this affect your damages award? Under the modified comparative fault rule, you will receive the total amount, minus a portion of that amount that equals your percentage of fault. So, in this example, you will receive $90,000 -- the $100,000 total, minus the $10,000 that represents your share of fault. This rule applies if you are anywhere from 0 percent to 49 percent at fault for the accident.

Since New Hampshire is a "modified" comparative fault state instead of a "pure" comparative fault state, the rules change once you reach the 50 percent fault level. If the jury finds you are 50 percent or more at fault for the crash, you receive nothing at all.  (In a "pure" comparative fault state, by contrast, you'd receive damages minus your share of the fault no matter how much fault you were assigned.)  Modified comparative fault only allows you to recover damages if you were less than 50 percent at fault for the accident -- something to consider when you're deciding whether or not to file a court case.

Car Insurance Requirements in New Hampshire

New Hampshire requires drivers to have certain types and amounts of auto insurance coverage. To learn more about these requirements and how they might affect your car accident case, see our companion article Car Insurance Laws in New Hampshire.