Injury · New Hampshire
the short answer
You have three years from the day of the crash to file, and no amount of talking to an insurer extends it. Being partly to blame reduces what you collect, and being more than half to blame ends the claim. The money comes from the other driver's liability insurer, and no injury threshold stands in the way.
source ↗Not yet checked against the statute.
governing statute
RSA 508:4
source ↗Not yet checked against the statute.
who pays first
New Hampshire is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (RSA 264:2)
source ↗Not yet checked against the statute.
Across the country. 38 of the 51 states written up answer this the same way as New Hampshire. Compare every state →
your share of the fault
You recover unless your share of the fault is greater than everyone else's put together. Fifty percent still recovers, fifty-one recovers nothing, and below the bar the award is cut by your percentage. (RSA 507:7-d)
source ↗Not yet checked against the statute.
Across the country. 24 of the 51 states written up answer this the same way as New Hampshire. Compare every state →
limit
3 years
source ↗Not yet checked against the statute.
Across the country. 18 of the 51 states written up answer this the same way as New Hampshire. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
small claims limit
$10,000
source ↗Not yet checked against the statute.
also
New Hampshire does not require liability insurance of every driver the way the other fifty jurisdictions do. Proof of financial responsibility is demanded of particular drivers in particular circumstances, which means the person who hit you may have no policy behind them at all — and your own uninsured motorist cover may be the whole of the recovery.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in New Hampshire. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
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