Car accident injury claims in New Hampshire
In New Hampshire, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in New Hampshire.
New Hampshire at a glance
- Fault rule
- Modified comparative — 51% bar
- No-fault state?
- No
- PIP / no-fault coverage
- Pure at-fault (tort) state with MANDATORY MedPay: N.H. RSA § 264:16 requires minimum $1,000 per person MedPay coverage on all NH auto policies (first-dollar). RSA § 264:17 prohibits subrogation against the insured. (Correction: prior 'RSA § 264-B optional PIP election' citation was an error — § 264-B does not exist.)
- Minimum liability coverage
- 25/50/25 ($25K BI/person, $50K BI/accident, $25K PD) WHEN liability insurance is held (RSA § 264:14). NH is one of two US states (with VA) WITHOUT mandatory liability insurance — drivers may alternative-demonstrate financial responsibility (deposit/bond/qualifying self-insurance) under RSA § 264. WATCH: HB 1558 (2026) requires proof of financial responsibility at registration eff. 1/1/2027.
- Time limit for an injury claim
- 3 years
You can recover only if you were 50% or less at fault; your award is reduced by your share.
This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.
Generally measured from the date of the accident.
How fault works in New Hampshire
N.H. RSA § 507:7-d: contributory fault does not bar recovery if it is NOT GREATER THAN the combined fault of all persons against whom recovery is sought; recovery reduced by plaintiff's percentage. Plaintiff at exactly 50% recovers 50%; plaintiff at 51%+ recovers $0 (14th-state member of the 51%-bar cluster). § 507:7-d also addresses joint-and-several / apportionment (mechanic unverified).
Paying for injuries in New Hampshire
NH is a PURE AT-FAULT (tort) state with MANDATORY MedPay — NOT a no-fault or optional-PIP-election state. RSA § 264:16 requires minimum $1,000/person Medical Payments (first-dollar) on all NH auto policies; RSA § 264:17 prohibits subrogation against the insured. (Correction: prior 'RSA § 264-B optional PIP election' was a citation error — § 264-B does not exist; NH does NOT belong in the A70 tort-election cluster.) No tort threshold — noneconomic damages recoverable from accident #1 subject to § 507:7-d comparative-fault reduction.
How Moe handles injury claims in New Hampshire
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to New Hampshire’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
New Hampshire injury claims — common questions
- Is New Hampshire a no-fault state?
- No. New Hampshire is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
- What is New Hampshire's fault rule for a car accident?
- New Hampshire follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
- How long do I have to file an injury claim in New Hampshire?
- In New Hampshire the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
Learn more
Sources
This page summarizes New Hampshire’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.