New Hampshire Car Accident Laws

If you’re involved in a car accident in New Hampshire, you may be legally required to file an accident report.
Written by Sarah Gray
Reviewed by Kathleen Flear
New Hampshire state law requires drivers to file reports with police and the Division of Motor Vehicles (DMV) within 15 days of most accidents, However, the state’s lack of minimum insurance requirements for most motorists leaves some wiggle room where insurance reporting is concerned.
No one plans to be involved in a car accident, but that’s why it’s important to be prepared in case the worst happens. That’s why
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This guide includes everything you need to know about New Hampshire’s car accident laws, from when and how to report a crash to how to determine financial responsibility. Jerry's
trusted insurance comparison app
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New Hampshire car insurance costs
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What to do after a crash: New Hampshire car accident reporting laws

No matter what state you’re in, the first thing you should do
after any car accident
is to make sure you and your passengers are safe. If your vehicle is obstructing traffic,
move it to a safe location
, if possible. The last thing you need is to add a second accident to the situation. 
Once you’re out of harm’s way, check yourself and any passengers for injuries, and call 911 if anyone has been hurt. Now is also the time to document the crash as thoroughly as possible—take photos of the damage, make some notes about the events leading up to the accident, and exchange insurance information with the other driver(s).
Depending on the severity of the accident, you may need to report it to up to three separate entities in New Hampshire:
  • To the police
  • The DMV
  • Your insurance company 
Keep in mind that who you report to isn’t just your decision, some laws deal with accident reporting in New Hampshire that you need to follow to avoid
tickets
, fines, or even jail time.
MORE: How to file a car accident claim report

When to report an accident to the police

If your vehicle accident results in death, personal injury, or damages to property, New Hampshire law requires you to provide the police with a written accident report within 15 days. However, if the accident was investigated on-sight by a police officer, the officer’s report will satisfy your requirements for police reporting.

When to report an accident to the DMV

Once you’ve filed a police report, the State of New Hampshire also requires drivers to report their accident to the DMV within 15 days if the accident resulted in:
  • Bodily injury
  • Death
  • Property damage to any one person above $1,000
To submit your report to the DMV, fill out
DSMV Form 400
. You’ll need to provide a detailed description of the accident and an estimate of repairs as well as the driver’s signature, or the DMV will not accept the form. In addition, you’ll need to provide:
  • The name, address, and insurance information of both parties
  • Your driver’s license number 
  • Your vehicle’s make, model, and VIN
Once the form is complete, mail it here
New Hampshire Department of Safety
Accident Section at 23 Hazen Drive
Concord, NH 03305
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Financial responsibility and coverage minimums: New Hampshire’s insurance laws

One of the most important steps in documenting and reporting an accident is ensuring you collect all of the other driver’s insurance information and provide them with your own. But how many of us know off-hand how much insurance is required in our state or what happens if we’re in an accident without it?
New Hampshire is the only state in the U.S. that does not require all drivers to carry minimum
liability insurance coverage
. However, drivers convicted of the following are required to carry insurance:
  • DUI
    (drugs or alcohol)
  • Intentionally killing or hurting someone with your car
  • Second warning or ticket for any other traffic violation
If you receive any of these convictions, New Hampshire will require you to carry the following minimum insurance coverages to drive legally in the state:
If you’re required by New Hampshire to carry the above insurance, and are discovered driving or are involved in an accident without it, your license and
registration
will be
suspended
.
While New Hampshire doesn’t require all drivers to carry insurance, most do. According to a study performed by the
Insurance Information Institute
, as of 2019, only about 6.1% of New Hampshire drivers chose to operate their vehicles uninsured, making New Hampshire one of the ten lowest-percentage states for uninsured drivers in the nation.
But if you’re involved in an accident with one of those in the 6.1%, you could find it difficult to collect damages if they’re at fault. That’s why, in addition to at least minimum liability coverage, it’s a good idea for all drivers to purchase
uninsured/underinsured motorist coverage
, which New Hampshire law requires all insurance providers to offer. 

Claiming damages after an accident: New Hampshire’s personal injury laws

Whether others involved in your accident carry car insurance or not, you may find that an insurance claim is not sufficient to cover all damages suffered in a vehicle crash. New Hampshire has specific laws in place that apply to personal injury lawsuits and insurance settlements that allow plaintiffs to sue for: 
  • Economic damages: medical bills, lost wages, lost employment or business opportunities, loss of use of property, burial expenses
  • Non-economic damages: pain and suffering, mental suffering, inconvenience, humiliation
New Hampshire’s statute of limitations on personal injury lawsuits is set at three years for all types of claims. However, if you’re filing a suit claiming government negligence as the cause for your injuries, the three-year statute still applies, but you must file a formal injury claim within 180 days of your injury.

Exceptions to New Hampshire’s personal injury laws

In New Hampshire, if you’re injured or caused financial harm by another party, you have the right to sue for reparations within three years of the injury. But having the right to sue is not the same as having the right to collect damages. Because New Hampshire is a
modified comparative negligence state
, only motorists found less than 51% at fault for an accident are entitled to collect damages.
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Who’s to blame: New Hampshire’s modified comparative negligence law

Especially if you’re considering a civil suit, it’s important to determine who’s at fault in an accident. Often, blame is shared among those involved in an accident, and this shared blame is the main determining factor when it comes to calculating the number of damages you can collect after an accident.
Since New Hampshire is a modified comparative negligence state, your damages will be awarded in proportion to the amount of fault you’re determined to carry, so long as you’re not found to be more than 51% at fault. 
For example, let’s say you’re sitting at a red light and you’re rear-ended by another driver. It would be easy to assume the other driver is 100% at fault—until it’s determined that both your brake lights were burned out. For this reason, it’s determined that you carry 10% of the fault for the accident, leaving you eligible to collect only 90% of the damages awarded. 
If you’re found to be 51% or more at fault for an accident in New Hampshire, you will not be eligible to collect any damages.
New Hampshire is one of 33 states that follow modified comparative negligence as their rule for determining financial responsibility in personal injury cases. Keep in mind that the comparative negligence rule that applies to your accident is based on the state the accident occurs in, not the state you reside in, so the rules may be different if you’re in an accident outside your state.

How to save money on car insurance in New Hampshire

Even with an accident on your record, it’s still possible to find dirt-cheap and reliable insurance with
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