At-Fault (Tort)NH

Insurance Claim Rights in New Hampshire

New Hampshire is the only state in the country that does not require drivers to carry auto liability insurance. However, you must demonstrate financial responsibility after an accident, and failure to pay for damages can result in license suspension. Most New Hampshire drivers carry insurance voluntarily, especially if they have a car loan. The state uses modified comparative fault with a 50% bar.

25/50/25

Min. Liability

3 yrs

PI Deadline

3 yrs

PD Deadline

Yes

Diminished Value

Fault System

How New Hampshire's At-Fault (Tort) System Works

New Hampshire is an at-fault (tort) state. This means the driver who caused the accident is financially responsible for the other party's damages. After an accident, you file a claim against the at-fault driver's insurance company. If the claim is denied or undervalued, you have the right to file a lawsuit to recover your damages.

Deadlines

Statute of Limitations in New Hampshire

Personal Injury

3 Years

You have 3 years from the date of the accident to file a personal injury lawsuit in New Hampshire. Missing this deadline permanently bars your right to seek compensation for medical bills, lost wages, and pain and suffering.

Property Damage

3 Years

For property damage claims (vehicle repairs, total loss, personal property), New Hampshire allows 3 years to file a lawsuit. This includes diminished value claims if applicable. Report damage to your insurer as soon as possible: report to insurer promptly if insured; 3-year lawsuit deadline.

Coverage Requirements

Minimum Auto Insurance in New Hampshire

New Hampshire requires all drivers to carry at least 25/50/25 in liability coverage. These numbers represent the minimum bodily injury per person / bodily injury per accident / property damage limits in thousands of dollars. While these are the legal minimums, higher coverage is strongly recommended.

Bodily Injury / Person

$25,000

Maximum per injured person

Bodily Injury / Accident

$50,000

Maximum per accident total

Property Damage

$25,000

Maximum for property damage

Diminished Value

Diminished Value Claims in New Hampshire

New Hampshire Allows Diminished Value Claims

After an accident in New Hampshire, your vehicle may lose market value even after high-quality repairs — this is called "diminished value." New Hampshire allows you to file a diminished value claim against the at-fault driver's insurance to recover the difference between your vehicle's pre-accident and post-repair market value. The amount recoverable depends on the vehicle's age, mileage, damage severity, and repair quality.

Calculate your diminished value

Key Laws

Important Insurance Laws in New Hampshire

1

New Hampshire is the only state that does not require auto liability insurance, though financial responsibility is required after an accident (RSA 264:3-b).

2

New Hampshire follows a modified comparative fault rule with a 50% bar (RSA 507:7-d).

3

Uninsured motorist coverage is not mandatory because insurance itself is not mandatory, though most lenders require it.

Resources

New Hampshire Department of Insurance

If you have a complaint about your insurance company or need help with a claim dispute in New Hampshire, contact the state Department of Insurance. They regulate insurance companies operating in New Hampshire and can assist with claim disputes, bad faith complaints, and coverage questions.

New Hampshire Insurance Department

FAQ

Frequently Asked Questions About New Hampshire Insurance Claims

Is car insurance really optional in New Hampshire?

New Hampshire is the only state that does not legally require auto liability insurance. However, if you cause an accident and cannot pay for damages, your license and registration can be suspended. Most drivers carry insurance voluntarily, and lenders require it for financed vehicles.

What happens if an uninsured driver hits me in New Hampshire?

Because insurance is not required in New Hampshire, the risk of being hit by an uninsured driver is real. If you carry uninsured motorist coverage on your own policy, it would cover your damages. Without it, you would need to sue the uninsured driver directly, which may be difficult to collect on.

What is New Hampshire's statute of limitations?

New Hampshire has a 3-year statute of limitations for both personal injury and property damage claims from a car accident. The deadline runs from the date of the accident.

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