After a car accident in Milford, New Hampshire, many questions are likely racing through your head. Who pays for what? What if the other driver doesn’t have insurance? And what happens if they say the accident was partly your fault?
New Hampshire’s laws don’t make this easy to figure out. The state doesn’t require every driver to carry insurance, and it uses a fault system that reduces your compensation if you’re even partially blamed for the crash. That means how the accident is described, and who is held responsible, matters a lot.
Our job is to take care of all of that.
We understand the paperwork, the deadlines, and how insurance companies evaluate injury claims. We also understand how a seemingly minor injury can quietly grow into something much more serious and expensive if it’s not fully documented from the start.
If you were hurt in a crash near Milford, your focus should be on healing. Ours is on making sure the legal side doesn’t quietly cost you everything else. To figure out what your options are, call Coates Law Office for a no-cost, confidential case review at (603) 262-5766.
Key Takeaways for a New Hampshire Car Accident Claim
- New Hampshire’s fault rules could reduce your settlement. The state uses a modified comparative fault system, meaning if you are found partially to blame for the accident, your final award is reduced by that percentage.
- The three-year deadline to file a lawsuit is firm. You have three years from the crash date to file a personal injury claim under New Hampshire’s statute of limitations, and missing this window means forfeiting your right to compensation.
- A driver may not have traditional insurance. Since New Hampshire law requires financial responsibility rather than mandatory insurance, determining the source of compensation may be more complicated.
How Is Fault Determined in a New Hampshire Car Accident?
In New Hampshire, fault is the foundation of any car accident claim. The person responsible for causing the crash is liable for the damages. This determination hinges on the legal concept of negligence. Simply put, a driver is negligent if they fail to operate their vehicle with the same care that a reasonable person would use in a similar situation.
To establish fault, we investigate the accident to answer a few key questions:
- Did the other driver have a duty of care? All drivers have a duty to operate their vehicles safely and follow traffic laws.
- Did the driver breach that duty? This could be anything from speeding or texting while driving to running a red light.
- Did that breach of duty directly cause your injuries? There must be a clear link between the driver’s actions and the harm you suffered.
- Did you suffer damages? This includes measurable losses like medical bills, lost wages, and vehicle repairs.
Insurance companies conduct their own investigations, looking for any evidence to argue you were at fault. Our role is to build a case that clearly demonstrates the other party’s negligence and ensures no amount of blame is unjustly put on you.
What Is Modified Comparative Fault?
New Hampshire follows a legal doctrine called modified comparative fault. This rule means you can still recover money even if you were partially to blame for the accident, with one important condition: your share of the fault cannot be 51% or more. If your assigned fault is 50% or less, your compensation is simply reduced by your percentage of fault.
What Kind of Damages Can I Recover?
After an accident, you may be able to recover compensation for a variety of losses, which are typically grouped into two categories: economic and non-economic damages.
Economic damages are tangible, calculable financial losses, including:
- Medical Expenses: This covers everything from the initial emergency room visit and ambulance ride to ongoing physical therapy, future surgeries, and prescription costs.
- Lost Wages: If you are unable to work while recovering, you can be compensated for the income you’ve lost.
- Diminished Earning Capacity: If your injuries prevent you from returning to your previous job or affect your ability to earn money in the future, you can seek damages for this loss.
- Property Damage: This includes the cost to repair or replace your vehicle and any other personal property damaged in the crash.
Non-economic damages compensate you for the non-financial harms that are harder to calculate, such as:
- Pain and Suffering: Compensation for the physical pain and discomfort caused by your injuries.
- Emotional Distress: This addresses the psychological impact of the accident, such as anxiety, fear, and sleep disturbances.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies and activities you once enjoyed, you can be compensated for this loss.
Are Punitive Damages Available in New Hampshire?
New Hampshire law generally does not allow for punitive damages, which are intended to punish a defendant. However, a similar concept called enhanced compensatory damages may apply in some cases. These are not meant to punish the wrongdoer, but rather to more fully compensate a victim when the at-fault party’s actions were particularly reckless or malicious.
To be awarded enhanced damages, it must be proven that the defendant’s conduct was “wanton, malicious, or oppressive.” This goes beyond simple carelessness. Examples could include a driver who was excessively speeding in a school zone or a drunk driver who caused a devastating collision.
Common Injuries After a Car Accident
Even a seemingly minor collision can generate enough force to cause significant harm. Some injuries are immediately obvious, while others may not show symptoms for days or even weeks.
- Whiplash: This is a common neck injury caused by the rapid back-and-forth movement of the head during a collision. Symptoms include neck pain and stiffness, headaches, and dizziness.
- Traumatic Brain Injuries (TBIs): A TBI can result from a blow to the head or even just the violent jolting of the crash. Symptoms range from mild confusion and headaches to serious cognitive impairments.
- Spinal Cord and Back Injuries: The force of a crash can fracture vertebrae or damage the discs in your spine, potentially leading to chronic pain or even paralysis.
- Broken Bones: Arms, legs, ribs, and hips are frequently fractured in car accidents.
- Internal Injuries: The impact may cause damage to internal organs like the spleen, liver, or kidneys. These injuries require immediate medical attention.
What Are the Deadlines for Filing a Claim in New Hampshire?
Time is a factor in any car accident claim. New Hampshire sets specific deadlines, known as statutes of limitations, for taking legal action.
For most personal injury cases, you must file a lawsuit within three years of the date of the accident. This is dictated by New Hampshire Revised Statutes § 508:4. While there are very few exceptions, failing to file within this period will almost certainly mean your case will be dismissed by the court.
What if a Government Vehicle Was Involved?
Claims against a government entity—whether it’s a town, state, or federal body—have much shorter and stricter deadlines. If you intend to sue a government agency in New Hampshire, you must provide them with written notice of your claim within 60 days of the injury, as required by RSA 507-B:7. The statute of limitations to file the actual lawsuit is still three years, but the initial notice period is very short.
Understanding New Hampshire’s Unique Insurance Laws
New Hampshire stands apart from nearly every other state because it does not require drivers to buy car insurance. Instead, it has Financial Responsibility Laws that hold drivers accountable for the damages they cause. After an at-fault accident, a driver must prove they can cover the losses, which typically means showing they have at least:
- $25,000 for bodily injury to one person
- $50,000 for bodily injury to two or more people
- $25,000 for property damage
While most drivers satisfy this requirement by purchasing a standard auto insurance policy, some may use other methods, such as depositing money or securities with the state treasurer.
Do I Still Need to Report the Accident?
Yes. Regardless of insurance, New Hampshire law requires any driver involved in an accident to file a report with the DMV within 15 days if the crash resulted in injury, death, or property damage over $1,000. If a police officer investigates the accident and files a report, this requirement is usually satisfied.
Why You Shouldn’t Wait to Take Action
You may be hesitant to think about a legal claim. Bills are piling up, you’re trying to heal, and the entire process seems daunting.
But the insurance company for the at-fault party is not waiting.
They are a business, which means they must balance paying out fair claims with making a profit. Their adjusters are trained to conduct thorough investigations, looking for any evidence to argue you were at fault or that your injuries aren’t as severe as you claim. The claim process is long, tedious, and filled with paperwork. It’s easy to get frustrated and accept a lower offer as bills get higher.
Taking decisive action means being proactive and will help protect your rights before they are quietly diminished. Call us today for a straightforward conversation about your options. We will handle the process, allowing you to focus on your recovery.
Frequently Asked Questions
What if I was a passenger in the car accident?
As a passenger, you have the right to file a claim for your injuries. Typically, you would file a claim against the insurance policy of the at-fault driver, whether that was the driver of the car you were in or the driver of another vehicle. In some cases, you may be able to file against both.
The other driver’s insurance company offered me a quick settlement. Should I take it?
Be cautious of early settlement offers. Insurance companies sometimes offer a quick payout before the full extent of your injuries and long-term medical needs are known. Once you accept a settlement, you cannot ask for more money later if your medical condition worsens. It is wise to understand the full scope of your damages before settling.
What if the at-fault driver was uninsured?
If the at-fault driver does not have insurance and cannot personally cover your damages, you may be able to file a claim under your own insurance policy if you have Uninsured/Underinsured Motorist (UM/UIM) coverage. This is an optional but highly recommended coverage in New Hampshire that protects you in these exact situations.
Do I really need a lawyer if the accident was minor?
Even minor accidents can lead to complicated claims. Some injuries, like whiplash, have delayed symptoms. An attorney will help ensure you don’t settle a claim for less than its full value, accounting for both current and future medical needs that you may not be aware of yet.
Where do most accidents in the Milford area happen?
While an accident can happen anywhere, certain areas in and around Milford experience higher traffic volumes and, consequently, more collisions. The Milford Oval is a well-known traffic convergence point that demands driver attention. Additionally, stretches of Route 101 and Route 101A, with their numerous intersections and commercial entrances, are common locations for accidents.
You Don’t Have to Figure This Out Alone
If you’re unsure what to do next, start with a conversation. We’ll walk you through your options, explain what to expect, and give you a plan without pressure and without cost.
Call (603) 262-5766 to speak with a Milford car accident lawyer today. The sooner you call, the more we can do to protect your claim and your peace of mind.