New Hampshire Fault Rule
Modified Comparative Negligence (51% Bar): New Hampshire follows a 51% modified comparative negligence rule with a 3-year statute of limitations. A claimant may recover damages if their fault is 50% or less, with recovery barred at 51% or higher.
Statute of Limitations
3 Years (N.H. Rev. Stat. Ann. § 507:7-d & § 508:4): Claimants must finalize settlement agreements or initiate formal civil actions within 3 years of the collision date.
Statutory Insurance Minimums
25/50/25 ($25k bodily injury / $50k per accident / $25k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in New Hampshire
When negotiating auto accident claims in New Hampshire, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under New Hampshire Revised Statutes Annotated § 507:7-d, contributory fault does not bar recovery in an action by any plaintiff if such fault was not greater than the aggregate fault of the defendants. Damages allowed are diminished in proportion to the fault attributable to the plaintiff. New Hampshire gives claimants 3 years under N.H. Rev. Stat. § 508:4 to settle claims or initiate civil court filings. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.