Car Accident Claims in New Hampshire

New Hampshire's crash statute does not set a general rule that drivers must call police after every crash. But if the injured person, the other driver or the property owner cannot receive the driver's information (because of injury, absence or another reason), the driver must give it to a uniformed police officer who arrives at the scene, or immediately to an officer at the nearest police station. Police who investigate an injury, death or property-damage crash file their own report with the Division of Motor Vehicles within 5 days after finishing the investigation.

If anyone is injured or killed, or property damage is more than $1,000, the driver (or the owner of an illegally parked vehicle involved) must file a written report with the Division of Motor Vehicles within 15 days, on the form set by the director — unless a police officer investigated the crash, in which case the officer's report satisfies the requirement. If the driver is physically or mentally unable, the vehicle owner must report promptly. Failing to file is a misdemeanor for an individual. The report generally cannot be used as evidence against the reporting person in a criminal trial.

A driver who knows or should know they were in a crash causing death, injury or property damage must stop immediately and give the other driver or owner, any injured person and any property owner: their name and address, driver's license number, insurance provider and policy information, vehicle registration number, and the name and address of each occupant. Failing to do so after a property-damage crash is a misdemeanor for an individual; if death or personal injury results, or if the driver knowingly gives false information, it is a class B felony.

When proof of financial responsibility is required, it must show ability to pay at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage; a motor vehicle liability policy must meet those limits and include at least $1,000 per person in medical payments coverage.

Modified comparative fault (51% bar). The plaintiff's own fault does not bar recovery if it was not greater than the fault of the defendant (or of all defendants combined), but damages are reduced in proportion to the plaintiff's share of fault. The party claiming fault must prove it.

Three years from the act or omission. If the injury and its connection to the act or omission were not discovered and could not reasonably have been discovered at the time, the three years run from when the injured person discovered (or reasonably should have discovered) them.

Three years under the same general rule for personal actions, with the same discovery rule.