After a car accident in Nashua, New Hampshire, you must stop, exchange information, and report the crash if there’s injury, death, or property damage exceeding $1,000. New Hampshire follows a fault-based system and a 51% comparative fault rule—meaning your compensation may be reduced if you share blame for the crash. You generally have three years to file an injury or property damage claim. Acting promptly, documenting evidence, and knowing your legal obligations can protect your rights throughout the process.
Understanding Your Legal Responsibilities After a Car Accident
If you’ve been involved in a collision, it’s critical to know what New Hampshire law requires of you. Under RSA 264:25, every driver must stop immediately, remain at the scene, and share their contact and insurance information. Leaving without doing so can lead to serious criminal consequences.
Additionally, if anyone is hurt, you must provide reasonable assistance—such as calling emergency services or helping someone get medical attention.
Step 1: Prioritize Safety and Check for Injuries
The first moments after a crash are the most crucial. Make sure everyone is safe, move vehicles to a secure location if possible, and call 911 if there are any injuries. In Nashua, local authorities—such as the Nashua Police Department or New Hampshire State Police—will likely respond to investigate the scene and create an official accident report.
Even if you feel fine, it’s still wise to get checked by a medical professional. Some injuries, like concussions or internal damage, may not show symptoms right away.
Step 2: Exchange Information with All Parties Involved
New Hampshire law requires you to exchange details such as:
- Full name and address
- Driver’s license number
- License plate number
- Insurance information
Avoid discussing fault or making statements that could later be used against you. Simply provide the required information and wait for the responding officer to complete their report.
Step 3: Report the Accident Within 15 Days
If the accident causes injury, death, or more than $1,000 in combined property damage, you must file a written Operator’s Report (DSMV 400) with the New Hampshire Department of Motor Vehicles within 15 days—unless an officer has already filed one on your behalf.
Failing to submit this report could result in license suspension or other penalties. For Nashua residents, the Nashua Police Department can also provide copies of police reports for insurance and legal purposes.
Step 4: Gather Evidence and Documentation
Evidence plays a key role in any insurance or legal claim. While at the scene (and after, if possible), take the following steps:
- Photograph vehicle damage, road conditions, skid marks, debris, and any visible injuries.
- Get witness details including names and contact numbers.
- Request a police report number for future reference.
- Keep receipts related to medical care, towing, and repairs.
This documentation strengthens your position in an insurance claim or potential lawsuit.
Step 5: Notify Your Insurance Company
Even though New Hampshire doesn’t require all drivers to carry auto insurance, most residents do. If you have coverage, notify your insurance provider promptly and cooperate with their claims process.
Your policy may include:
- Liability coverage for damages you cause to others.
- Uninsured/Underinsured Motorist (UM/UIM) coverage to protect you if the at-fault driver lacks insurance.
- Medical Payments (MedPay) coverage, which helps pay for medical bills regardless of fault.
If you experience delays, disputes, or underpaid claims, a Nashua car accident attorney can help navigate the insurance process and protect your rights.
Step 6: Understand Fault and Comparative Negligence
New Hampshire uses a fault-based insurance system and follows the 51% comparative fault rule (RSA 507:7-d). This means you can recover compensation as long as you’re not more than 50% at fault for the accident.
For example: If your damages are $20,000 and you’re found 20% at fault, your recovery will be reduced to $16,000. However, if you’re 51% or more at fault, you can’t recover any damages.
Because fault determinations are based on evidence, witness statements, and police reports, proper documentation is key to a fair outcome.
Step 7: Know the Statute of Limitations in New Hampshire
Under RSA 508:4, you generally have three years from the date of the accident to file a lawsuit for personal injury or property damage. Missing this deadline could permanently bar you from pursuing compensation.
While three years may sound like plenty of time, insurance claims, medical treatment, and settlement discussions can all take months. That’s why acting quickly—and keeping accurate records—is essential.
Step 8: Requesting a Crash Report in Nashua
To obtain a copy of your official police or accident report:
- Nashua Police Department – You can submit a request in person or by mail. Fees are typically charged per page.
- New Hampshire DMV – The state also allows you to request reports by mail for a nominal fee, typically $1 per page with a $5 minimum.
Having this report helps support your claim and ensures that all facts are accurately recorded.
Common Mistakes to Avoid After an Accident
Many people unintentionally make errors that can weaken their case. Avoid these pitfalls:
- Leaving the scene without exchanging information.
- Admitting fault or apologizing at the scene.
- Ignoring medical care because injuries “feel minor.”
- Posting accident details on social media.
- Waiting too long to notify your insurer or seek legal help.
By staying calm and following the correct steps, you can protect yourself legally and financially.
Local Resources and Legal Support in Nashua, NH
Car accidents often bring more than just physical pain—they can also lead to mounting bills, insurance confusion, and stress. In these moments, professional guidance can make all the difference.
At Gottesman & Hollis, P.A., our experienced Nashua personal injury attorneys have represented victims of car, truck, and traffic accidents across New Hampshire for decades. Our firm helps clients pursue full and fair compensation for their medical expenses, lost wages, and pain and suffering.
If you need immediate legal assistance or want to discuss your case, you can reach us through our contact page or call (603) 810-8384 to speak directly with our team.
Frequently Asked Questions
Do I have to report every accident to the DMV?
Not necessarily. If police respond and file an official report—or if there are no injuries and damages are under $1,000—you typically don’t need to file a separate DMV report.
Is New Hampshire a no-fault state?
No. New Hampshire is an at-fault state, meaning the driver responsible for the crash is also responsible for damages.
What if the other driver doesn’t have insurance?
Your Uninsured Motorist (UM) coverage can help cover damages if you have an auto insurance policy. If you’re uninsured and the other driver lacks coverage, you may need to pursue recovery through civil litigation.
What if I’m partially at fault?
Under the 51% rule, you can still recover damages as long as your share of fault does not exceed 50%. Your compensation will be reduced proportionally to your percentage of fault.
How long do I have to file a lawsuit after an accident?
You generally have three years from the date of the accident to file a claim for injury or property damage under RSA 508:4.
When to Consider Speaking With a Car Accident Attorney
While many minor accidents can be resolved through insurance, cases involving serious injuries, disputed fault, or uninsured drivers often require legal guidance.
An experienced attorney can:
- Review police and insurance reports for inconsistencies.
- Handle communication with insurance adjusters.
- Assess the full value of your damages.
- Ensure deadlines are met to preserve your rights.
At Gottesman & Hollis, P.A., our goal is to help clients rebuild their lives with the compensation they deserve. We serve individuals and families throughout Nashua and across New Hampshire with skill, compassion, and dedication.
Contact Gottesman & Hollis, P.A.
If you or someone you love has been injured in a car accident in Nashua, NH, you don’t have to navigate the process alone. Our attorneys are here to help you understand your options and pursue justice with confidence.
Call (603) 810-8384 or visit our contact page to schedule a consultation today.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
