Car Accident Laws in New Hampshire: Fault, Insurance & Deadlines

New Hampshire is a modified comparative negligence, at-fault (tort) state for car accidents — and it is the only U.S. state that does not legally require most drivers to carry auto liability insurance. The at-fault driver (or their insurer, if they have one) is still responsible for the other driver's medical bills, lost wages, and property damage. If you're injured, you generally have 3 years from the date of the crash to file a personal injury lawsuit under RSA 508:4, and the same 3-year period applies to property-damage claims. If a government-owned vehicle (town, city, or state) was involved, a much shorter notice deadline applies — see below.

New Hampshire's rules are unusual, and getting the details wrong can cost you your claim. Below is what current New Hampshire law actually says, sourced from the state's Revised Statutes and Insurance Department — not from insurance-marketing sites.

Is New Hampshire a no-fault or at-fault state?

New Hampshire is an at-fault (tort liability) state, not a no-fault/PIP state. That means:

• There is no mandatory "personal injury protection" (PIP) coverage and no requirement that you file your own medical claim with your own insurer regardless of fault, the way you would in a no-fault state.
• The driver who caused the crash is legally responsible for the other party's damages — medical bills, lost income, pain and suffering, and vehicle damage.
• You typically pursue compensation through the at-fault driver's liability insurance (if they have any), your own uninsured/underinsured motorist (UM/UIM) coverage, or a lawsuit against the at-fault driver directly.

What makes New Hampshire unusual nationally is that it does not require most drivers to buy auto liability insurance at all — the only state with no general mandatory-insurance law. Instead, New Hampshire uses a "financial responsibility" system: you don't have to buy insurance up front, but if you cause a qualifying crash while uninsured, the state can suspend your license and registration until you post security or pay the claim (details below). Many drivers carry insurance anyway because of this exposure, and lenders/lessors virtually always require it.

Minimum auto insurance required in New Hampshire

New Hampshire does not force you to carry insurance, but any policy sold in the state must meet these minimum limits under RSA 259:61 and RSA 264:15–264:16:

• Bodily injury liability: $25,000 per person / $50,000 per accident
• Property damage liability: $25,000 per accident
• Uninsured/underinsured motorist (UM/UIM): Required to be included in every auto policy issued in New Hampshire, at limits at least equal to the bodily-injury liability limits you carry (so at minimum 25/50). You can reject UM/UIM coverage, but only in writing; the rejection stays in effect for renewals until you request the coverage back in writing.
• Medical payments coverage: A minimum of $1,000 per person is required in private passenger auto policies issued in the state, under RSA 264:16.

Because New Hampshire doesn't mandate that you carry a policy at all, these numbers apply to whatever policy you do buy — they are the floor, not a guarantee that the other driver has coverage. Given how common uninsured drivers are in a no-mandate state, carrying strong UM/UIM coverage on your own policy is one of the most important protections a New Hampshire driver can buy. Confirm current limits with the New Hampshire Insurance Department before relying on any number, since minimums can be updated by the legislature.

Statute of limitations: how long you have to sue

• Personal injury (bodily injury): 3 years from the date of the crash, under RSA 508:4. New Hampshire also recognizes a "discovery rule" exception when an injury and its connection to the crash weren't and reasonably couldn't have been discovered right away — but don't rely on this exception; treat 3 years from the crash date as your deadline.
• Property damage: Also generally 3 years under RSA 508:4, which governs personal actions broadly.
• Claim against a government vehicle or entity: If a town, city, county, or state vehicle (or employee) was involved, special rules apply — see the government-claims section below. These deadlines are much shorter than 3 years and can permanently forfeit your claim if missed.

Filing an insurance claim does not pause or extend these deadlines — only filing a lawsuit in court does. Because exceptions and tolling rules exist (minors, incapacity, wrongful death, etc.), confirm your specific deadline with a New Hampshire attorney or the courts well before it approaches.

Shared-fault rule: what happens if you were partly at fault

New Hampshire follows a modified comparative negligence rule with a 51% bar, codified at RSA 507:7-d:

• If you were 50% or less at fault (your fault is not greater than the defendant's), you can still recover damages — but your award is reduced by your percentage of fault. (Example: $100,000 in damages, 20% your fault → you recover $80,000.)
• If you were 51% or more at fault, you are barred from recovering anything.
• Fault is compared against the defendant, or against all defendants combined if there is more than one.

Insurance adjusters routinely try to shift fault percentage onto injured claimants specifically because it can eliminate or shrink a payout — document the scene carefully and be cautious about early recorded statements.

When you must report a crash in New Hampshire

Under RSA 264:25, a written accident report must be filed with the New Hampshire Division of Motor Vehicles (DMV) when a crash involves:

• Death,
• Personal injury, or
• Property damage exceeding $1,000.

Deadline: within 15 days of the accident. If a police officer investigates the crash and files an official report, that satisfies the reporting requirement and you generally don't need to separately file with the DMV. In practice, call police to the scene whenever there's an injury or significant damage so an official report exists — this also protects you if the other driver later disputes what happened.

Damage caps and shorter deadlines for government-vehicle claims

If your crash involved a vehicle owned or operated by a government entity, different rules apply and the clock moves much faster than the standard 3-year window:

• Claims against the State of New Hampshire (RSA 541-B): As a condition of bringing the claim, you generally must give the responsible state agency written notice within 180 days of the injury or damage, stating the date, time, and location. Claims must ultimately be brought within 3 years.
• Claims against a municipality (town/city) or other governmental unit (RSA 507-B): Damages are capped — currently $325,000 per person and $1,000,000 per occurrence — for bodily injury, personal injury, or property damage claims arising from a governmental unit's ownership or operation of vehicles and premises. Notice requirements can also be shorter than for private at-fault claims, and some municipalities carry insurance that changes the analysis.

Because these deadlines and caps are unforgiving and subject to legislative change, if any government vehicle, employee, plow truck, police cruiser, school bus, or transit vehicle was involved, treat the situation as time-critical and confirm the current notice deadline immediately rather than waiting.

What to do after a crash in New Hampshire

1. Check for injuries and call 911 if anyone is hurt, or if there's significant damage — get police to the scene so an official report is created.
2. Move to safety if the vehicles are drivable and it's safe to do so; otherwise leave vehicles in place until police arrive.
3. Exchange information with the other driver(s): name, contact info, driver's license number, license plate, and insurance information if they have any (remember, they may not be insured).
4. Document the scene: photos of vehicle damage, license plates, road conditions, skid marks, traffic signals, and any visible injuries. Get names and contact information for witnesses.
5. Get the police report number and request a copy once available; if police did not respond, file a written report with the DMV yourself if the crash meets the death/injury/$1,000+ damage threshold, within 15 days.
6. Seek medical evaluation even if you feel fine — some injuries (soft tissue, concussion) surface later, and prompt records connect the injury to the crash.
7. Notify your own insurer promptly, even if you weren't at fault, and check whether you have UM/UIM coverage in case the other driver is uninsured or underinsured.
8. Be careful with statements to any insurance adjuster (including your own) before you understand the extent of your injuries and damages — avoid speculating about fault percentages.
9. Note the deadline that applies to you: 3 years to sue for injury or property damage generally, but as little as 180 days to give notice if a government vehicle was involved.
10. Consult a New Hampshire attorney if injuries are significant, fault is disputed, a government vehicle is involved, or the other driver is uninsured — these situations have the most ways to go wrong.

This article is for general information only and is not legal advice. New Hampshire insurance minimums, deadlines, and damage caps can change — verify current requirements with the New Hampshire Insurance Department, the New Hampshire DMV, or a licensed New Hampshire attorney before relying on them.