If you or a loved one were injured in a car accident that was not your fault in New Hampshire, you may be able to receive compensation for your losses. Since the state of New Hampshire does not mandate auto insurance coverage for all drivers, you may need help to recover the payment you deserve.
At Pintas & Mullins Law Firm, a New Hampshire car accident lawyer is ready to assist you in obtaining reimbursement for your car accident. Whether you suffered minor or severe injuries, property damage, or the death of a loved one, we can investigate the cause of your accident, gather evidence of who was at fault, and pursue compensation on your behalf.
Learn more about how Pintas & Mullins Law Firm can help you by calling (800) 223-5115 today to schedule a free consultation. We operate on a contingency fee basis, so you will not pay any fees unless we earn a settlement award for you.
Financial Responsibility for Car Accidents in New Hampshire
New Hampshire is the only state in the U.S. that does not require all drivers to carry car insurance coverage. Instead, it follows something commonly called the New Hampshire Motor Vehicle Financial Responsibility Law, explained in New Hampshire Revised Statutes Chapter 264. Here are the most important points of New Hampshire’s laws about financial responsibility for car accidents:
- Drivers are not required to have car insurance in most situations.
- Drivers with certain previous traffic violations are required to carry car insurance.
- When drivers do purchase car insurance, they must meet certain minimums for liability coverage, medical payments, and uninsured motorist coverage.
- The person at fault for the car accident is financially responsible for it, whether or not they have insurance coverage.
- When a driver is at fault for a car accident, they must provide proof of financial responsibility – they must show the ability to pay $25,000 because of bodily injury or death to one person, $50,000 because of bodily injury or death to two or more people, and $25,000 because of damage to property. This proof of responsibility can be either a car insurance policy or depositing funds to the state treasurer.
While this financial responsibility system instead of required car insurance differs from other states in the U.S., the process of recovering compensation for a car accident you were in that was the result of another driver’s negligence is very similar. Since it is a fault system, there are several options:
- File a claim with the at-fault driver’s insurance company. If the driver who caused the accident does have insurance coverage, their provider should reimburse you for the costs of the accident up to the limits of their policy.
- File a claim with your own insurance company. If you have an uninsured motorist policy and the at-fault driver does not have car insurance, your own insurance provider should cover the costs of the accident, up to the limits of your policy.
- File a personal injury lawsuit. There are several instances where a civil lawsuit may be your best recourse for recovering compensation. If you cannot receive funds through insurance, insurance providers are refusing to pay the amount you deserve, or the other driver is trying to avoid financial responsibility, you may be able to pursue damages through a lawsuit.
- File a wrongful death lawsuit. If a family member died in or because of a car accident caused by someone else, you may be able to receive payment through a wrongful death lawsuit.
Regardless of how you hope to receive compensation for your accident, it is likely that the modified comparative negligence law will play a part in your ability to do so. Because of this law, New Hampshire Revised Statutes §507:7-d, each party involved in the car accident will receive a percentage of the fault for its occurrence. While the other driver may be 100% at fault for your accident, in many cases, both drivers carry some responsibility.
As long as your portion of fault is less than the other driver’s, you are still eligible to receive compensation, but it will be reduced by your percentage of fault. For example, if you are 10% at fault, you can receive 90% of the damages that the court awards. Insurance claims adjusters will also take comparative negligence into consideration when they offer you a settlement.
A New Hampshire car accident lawyer can help you establish proof of fault, negotiate with insurance companies, or file a civil lawsuit on your behalf.
Types of Recoverable Damages
When you pursue compensation through a civil lawsuit, your lawyer will help you identify the types and calculate the amounts of the damages that you hope to recover. A damage award can include both tangible and intangible losses you suffer or suffered because of the car accident, such as:
- Property damage costs
- Past and future medical expenses
- Home care or domestic help
- Lost wages and benefits
- Loss of earning capacity
- Temporary and/or permanent disability
- Scarring and disfigurement
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of companionship
- Loss of consortium
For help in identifying what damages you may be able to recover for your car accident, contact the team at Pintas & Mullins Law Firm. A New Hampshire car accident lawyer may be able to help you prove the other driver’s negligence and your right to compensation.
The Statute of Limitations Can Affect Your Case
A New Hampshire law, New Hampshire Revised Statutes § 508:4, restricts your ability to pursue a lawsuit for a car accident within three years. For personal injury and property damage costs, you must file your lawsuit within three years of the date of the accident. For a wrongful death case, you must file your lawsuit within three years of the date that your loved one died.
In most situations, you will be ineligible to recover damages once this time limit has passed. You can consult a New Hampshire car accident lawyer to be sure you know your legal options for recovering compensation since rare exceptions to statutes of limitations do occur.
Call Pintas & Mullins Law Firm for help. We offer a free consultation at no obligation, and we want to help you get the justice owed to you. You can reach our team at (800) 223-5115.