New Hampshire is the only state that does not require drivers to carry auto insurance, which makes dealing with insurance companies after a crash a bit different than in most other states. Understanding which policy actually applies to a claim, what coverage a New Hampshire auto policy must include when purchased, and how the state’s comparative fault rule affects a payout can help clarify what to expect when working with insurers after an accident.
New Hampshire’s Unique Insurance Landscape
New Hampshire is often described as the only state in the country that does not require drivers to carry auto liability insurance. Instead, the state’s Financial Responsibility Law, found in RSA Chapter 264, requires a driver to demonstrate the ability to cover damages if they cause an accident, whether through an insurance policy, a surety bond, or a cash deposit with the state.
Because of this, an estimated 11 to 13 percent of New Hampshire drivers may be uninsured at any given time, which is a meaningfully higher rate than in many states with mandatory coverage laws.
What a New Hampshire Auto Policy Must Include
While the state does not force anyone to buy insurance, any policy that is sold to a New Hampshire driver must meet certain requirements. Under RSA 264:15, a policy must include liability coverage of at least $25,000 per person and $50,000 per accident for bodily injury, along with $25,000 in property damage coverage. That same statute requires every policy to include uninsured motorist coverage matching the liability limits selected, unless the policyholder rejects that coverage in writing.
New Hampshire policies must also include a minimum of $1,000 in medical payments coverage, commonly called MedPay, under RSA 264:16, which pays accident-related medical bills for the policyholder and passengers regardless of who caused the crash, generally for up to three years after the accident.
Your Own Insurer Versus the At-Fault Driver’s Insurer
New Hampshire is an at-fault state, meaning the driver responsible for causing an accident is financially responsible for the resulting damages. In practice, this means an injured person typically pursues a claim against the at-fault driver’s liability insurer for damages like medical bills, lost income, and pain and suffering.
Separately, MedPay coverage under a person’s own policy can pay initial medical bills quickly, without waiting for a fault determination, which is one reason it is worth understanding what MedPay coverage exists on a policy involved in a crash.
Common Insurance Company Tactics Worth Understanding
Insurance adjusters, including those representing a person’s own insurer, are still working on behalf of a business that has an interest in minimizing payouts. Common tactics after a crash include:
- Requesting a recorded statement early, before the full extent of injuries is known
- Offering a quick settlement before treatment is complete
- Disputing the degree of fault assigned to each driver
None of these tactics are automatically improper, but understanding that they serve the insurer’s interests, not necessarily the injured person’s, is an important part of navigating the process.
Why Comparative Fault Makes Early Documentation Important
Under New Hampshire Revised Statutes Section 507:7-d, the state follows a modified comparative negligence rule. An injured person can recover damages as long as their own share of fault is not greater than the combined fault of the other parties involved, with recovery reduced in proportion to their own percentage of fault. If a claimant’s fault exceeds 50 percent, they cannot recover anything.
Because this rule can significantly affect a payout, insurers frequently investigate the circumstances of a crash closely, which makes early documentation, including photographs, witness information, and the official crash report, particularly valuable.
When the Other Driver Is Uninsured
Because New Hampshire does not require liability insurance, an injured person may find that the at-fault driver has no coverage at all. This is precisely the situation uninsured motorist coverage under RSA 264:15 is designed to address.
When a policy includes this coverage, a claim can generally be pursued against a person’s own insurer instead of the uninsured driver directly, though these claims can involve their own complexities and are often worth discussing with an attorney before proceeding.
The Deadline for Filing a Claim
Under New Hampshire Revised Statutes Section 508:4, most personal injury lawsuits, including those arising from car accidents, must generally be filed within three years of the date of the accident. It is worth noting that this deadline applies to filing an actual lawsuit in court, not to submitting an insurance claim, and ongoing negotiations with an insurer do not pause or extend this filing deadline.
Practical Steps When Dealing With Insurers
- Report the accident promptly, but be cautious before giving a recorded statement without understanding your rights
- Seek prompt medical evaluation and use MedPay coverage where available to begin covering initial treatment
- Keep copies of the police report, photographs, medical records, and all correspondence with insurers
- Avoid accepting an early settlement offer before understanding the full extent of your injuries
- Confirm whether uninsured or underinsured motorist coverage applies if the at-fault driver lacks sufficient insurance
Getting Help Dealing With an Insurance Claim
Because New Hampshire’s insurance landscape differs from most other states, and because the state’s comparative fault rule can significantly affect what a claim is worth, reviewing the specific facts of an accident and the applicable policies with someone familiar with New Hampshire law can help clarify what to expect.
Talk to a Nashua Car Accident Attorney
Insurance companies, including your own insurer, are businesses first, which is why understanding your rights before speaking with an adjuster matters. Gottesman & Hollis, P.A. represents injured clients throughout New Hampshire in car accident matters, including claims involving uninsured and underinsured drivers. Reach out through our contact page or call (603) 889-5959 to discuss your situation.
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.
