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