NH · Accidents & Injuries

Accidents & Injuries in New Hampshire

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key New Hampshire Law

New Hampshire Revised Statutes Annotated Section 508:4

New Hampshire imposes a three-year statute of limitations for personal injury claims. An injured party generally must file their lawsuit within three years of the date of the accident or when the injury was or should have been discovered.

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Procedural Details in New Hampshire

New Hampshire follows modified comparative fault with a 51% bar under RSA 507:7-d. A plaintiff who is 51% or more at fault is barred from recovery. New Hampshire is a traditional tort (fault-based) auto insurance state and does not require mandatory personal injury protection (PIP). Government claims under RSA 507-B:7 require a notice of claim within 180 days for political subdivision claims. New Hampshire does not impose a general cap on compensatory damages in most personal injury cases. New Hampshire's courts have recognized a discovery rule that may toll the limitations period in latent injury cases.

New Hampshire Agencies & Resources

New Hampshire Insurance Department

Regulates insurance in New Hampshire and handles consumer complaints about auto and accident insurance.

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New Hampshire Division of Motor Vehicles

Manages New Hampshire driver licensing, vehicle registration, and accident report access.

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New Hampshire Bar Association — Lawyer Referral Service

Connects New Hampshire residents with licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file a personal injury lawsuit in New Hampshire?

New Hampshire Revised Statutes Annotated Section 508:4 provides a three-year statute of limitations for personal injury claims. The discovery rule may extend this in cases where the injury was not immediately apparent. Government entity claims may require a 180-day notice of claim under RSA 507-B:7 for political subdivision cases. Always consult a New Hampshire attorney promptly after an accident.

What is New Hampshire's 51% modified comparative fault rule?

Under RSA 507:7-d, New Hampshire uses modified comparative fault with a 51% bar. If you are 50% or less at fault, you may recover damages reduced proportionally. If you are found 51% or more at fault, you are completely barred from recovering any compensation from the other party.

Is New Hampshire a no-fault auto insurance state?

No. New Hampshire is unique — it does not actually require auto insurance at all for most drivers (though financial responsibility must be demonstrated if in an accident). For those with liability insurance, New Hampshire operates as a traditional tort (fault-based) state. There is no mandatory PIP coverage requirement.

Are there damage caps in New Hampshire accident cases?

New Hampshire does not impose a general statutory cap on compensatory damages in most personal injury cases. Government claims may be subject to limitations under RSA 507-B. Punitive damages are generally not available in New Hampshire for standard negligence claims.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026