What Happens If the Person at Fault in an Accident Has No Insurance in New Hampshire?

New Hampshire State operates a fault-based (tort) auto insurance system. This means a driver who causes an accident is legally responsible for all injuries and other damages. Although N.H. Rev. Stat. § 264:3 does not require all drivers to carry auto insurance; drivers must comply with the state's Motor Vehicle Financial Responsibility Law to cover potential damages from an accident. An uninsured driver at fault may face legal and financial risks, including potential lawsuits and personal liability for all damages resulting from a New Hampshire traffic violation or infraction.

Is It Illegal To Drive Without Insurance In New Hampshire?

No, it is not illegal for most drivers to operate a car without auto insurance in New Hampshire. However, the driver should be financially responsible for the resulting damages of an accident (N.H. Rev. Stat. § 264:3). Drivers who fail to provide financial responsibility after an accident may face the penalties below:

• Possible fines and jail time
• License suspension (until proof of financial responsibility is made available)
• Vehicle registration suspension
• Mandatory SR-22 filing for 3 years (a high-risk insurance certification)
• Full responsibility for all damages caused in an at-fault accident.

What Is the Minimum Insurance Requirement in New Hampshire?

Under N.H. Rev. Stat. § 264:20, the minimum liability coverage in New Hampshire is as follows:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $25,000 for property damage
• $1,000 for Medical Payments (MedPay) to cover medical bills (N.H. Rev. Stat. § 264:16)

MedPay is not mandatory, but it is only required when the driver purchases auto insurance. However, uninsured drivers may be legally compelled to get MedPay, as it covers medical expenses from an accident.

What To Do After A Car Accident With an Uninsured Driver in New Hampshire

A person hit by an uninsured driver in New Hampshire may need to take the following steps immediately after the accident to recover damages:

• Seek Medical Attention

The first and most important thing to do is to ensure that the parties involved in the accident are safe and have the medical attention they need for their injuries.

• Contact the Police and Report the Accident

Report the accident or request that an officer file an official crash report. This is especially necessary if you need to file a claim or sue. A police report is essential to sue or file an insurance claim against the at-fault driver. If the driver has no insurance, the officer will note it in the report for future purposes.

• Gather Information About the Accident

Information from the accident includes the personal details of the uninsured driver (N.H. Rev. Stat. § 264:25), names of any witnesses, photos of the accident scene and the vehicles involved, and any injury incurred during the crash. can also be helpful for documenting the crash.

• Contact the Insurance Company

The insurance company should know that the at-fault driver was uninsured immediately after the accident to avoid jeopardizing the claim. The other party must provide the insurer with the necessary details, including the police report (if available). With Uninsured Motorist (UM) coverage, the insurer will step in to pay for medical expenses, property damages, lost wages, and pain or suffering damages.

• File a Lawsuit Against the At-Fault Driver

Without UM coverage, the victim can sue for damages, but recovery may be difficult if the driver has few assets. If the judgment is won, the plaintiff can pursue bank levies, wage garnishment, and liens on property. The court may arrange payment plans, but collection depends on the driver's financial responsibility.

• Request a DMV Suspension

Under N.H. Rev. Stat. § 264:2, the Division of Motor Vehicles may suspend the at-fault driver's license for failure to pay for the resulting damages of an accident. However, the victim may request a financial responsibility hearing to initiate this process.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

In New Hampshire, recovering damages after a car accident is fault-based. So if an uninsured driver is not at fault, it does not hinder recovery. Even without insurance, the affected driver can still file a claim against the at-fault driver's insurance company for resulting injuries, property damages, and losses from the accident. However, the uninsured party may face penalties for driving without insurance, while the at-fault driver's insurer may argue that a lack of insurance caused the accident.

Can I Sue an Uninsured Driver in New Hampshire?

Yes, victims can sue an uninsured at-fault driver in New Hampshire to recover damages resulting from the accident, including medical expenses and property damages. The law holds at-fault drivers financially responsible, regardless of whether they have insurance.

New Hampshire small claims courts handle cases with claims up to or less than $10,000 and may require a fee to file a complaint form (N.H. Rev. Stat. § 503:1). However, the Superior Court is a better option for damages that exceed $10,000 but may require a higher filing fee. Even after a judgment, judgment collection may be difficult if the uninsured driver has no insurance and limited assets.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in New Hampshire?

The right type of coverage can cover a driver hit by an uninsured at-fault driver in New Hampshire. Uninsured/Underinsured Motorist (UM/UIM) Coverage covers resulting bodily injuries from accidents caused by drivers without insurance or with insurance not enough to cover the full damages (N.H. Rev. Stat. § Section 264:15). MedPay covers medical expenses, regardless of who is at fault in the accident. Collision coverage covers car damage from accidents with at-fault or hit-and-run drivers.

What Is Uninsured Motorist Coverage in New Hampshire?

In New Hampshire, uninsured motorist coverage (UM) protects the driver, driver's family members, and passengers injured by an uninsured at-fault driver operating a vehicle. Underinsured motorist coverage (UIM) may cover injuries from accidents with underinsured drivers. UM/UIM applies when the other driver is at fault, there is no liability insurance, or the driver has no insurance.

When an insured purchases liability insurance in higher limits than the minimum coverage required by the policy, the insured's UM/UIM limits will automatically be equal to or lower than liability limits (N.H. Rev. Stat. § 264:15). UM/UIM coverage may not be mandatory. Still, if the driver purchases auto insurance in New Hampshire, the insurance company will offer it.

What If I Don't Have Uninsured Motorist Coverage in New Hampshire?

If a victim of a crash caused by an uninsured driver does not have UM coverage, there are other options for getting compensation. However, these options may be limited and include:

• File a Lawsuit Against the Uninsured Driver

It is possible to sue the uninsured driver in court to recover damages or losses from an accident. However, the recovery process may be challenging if the driver has limited assets as the court's judgment does not include a guarantee for payment. This legal process usually occurs at the Small Claims Court for claims of up to $10,000.

• Find Other Insurance Policies

Other insurance policies, such as family member's insurance or an employer's commercial policy, may cover damages from the accident. The benefits of collision coverage include vehicle repairs and other property damages.

• New Hampshire Victim's Compensation Funds

New Hampshire Victim's Compensation Program offers funds to assist accident victims and families injured or threatened with injury due to a misdemeanor or felony crime. Each of these programs is streamlined for victims of hit-and-run, DUI crash, or violent vehicle crimes. However, funds from the program are made available with specific eligibility requirements and limitations.

How Do I Get Compensation from an Uninsured Driver in New Hampshire?

In New Hampshire, an accident victim can get compensation from an uninsured driver by filing a civil lawsuit in court. Begin the filing process by preparing a complaint that details the accident, including the identification of the at-fault driver or defendant and specifying the damages involved.

After filing the complaint in the small claims (for damages up to $10,000) or superior court (for damages higher than $10,000), New Hampshire law requires that the defendant be notified appropriately, also known as service of process (Rule 4 of the New Hampshire Rules of Civil Procedure). A licensed process server will deliver a summons and a copy of your complaint to the other party. After service, the defendant has 30 days to respond, admitting or denying the allegations raised.

If the defendant doesn't respond, the plaintiff can request a default judgment that allows the court to award damages without the defendant's participation. Under N.H.R.S § 264:2 and 264:3, the plaintiff can request to suspend the at-fault driver's license until the judgment is satisfied.

How Much Can You Recover From an Uninsured At-Fault Driver in New Hampshire?

In New Hampshire, the victim of a car collision by an uninsured at-fault driver, has the legal right to pursue full compensation for losses through a lawsuit. However, the amount from the recovery process is usually limited by the defendant's financial situation. Most uninsured drivers lack income or assets, it may be difficult to collect the judgment in full.

Lower value claims of $10,000 can be filed in a small claims court, while higher claims are filed in a superior court, where there is no statutory damage cap other than constitutional limitations. After a judgment is passed, interest accumulates on the unpaid balance. N.H. Rev. Stat. § 336:1 allows prejudgment and post-judgment interest on awards, with an annual interest rate tied to the 10-year U.S. Treasury rate (including 2% recalculated at the beginning of each year).

How To Find Out If the At-Fault Driver Has Insurance in New Hampshire

A driver can confirm if an at-fault driver has insurance at the accident scene by gathering information and evidence. Request for the at-fault driver's name, contact information, and insurance details, as this could also form the basis for filling an Operator's Report. If the police respond to investigate an accident, the officer will submit a written report to the NH DMV on form DSMV 159, State of New Hampshire Uniform Police Traffic Accident Report.

The drivers involved in the accident or the owner of the vehicle involved would be responsible for verifying insurance information either online or by completing the Insurance Verification Form DSMV 385 (Blue Card). If the at-fault driver lacks insurance, the DMV can require the driver to prove the ability to pay for damages or face license suspension, which is usually initiated by submitting an accident report to the DMV.

Alternatively, the driver can file a claim using uninsured motorist coverage for the insurance company to investigate whether the at-fault party has active coverage. Although there is no centralized insurance database in New Hampshire, police documentation, DMV action, and insurer investigation can provide a clear response on whether the at-fault driver has insurance coverage.

During litigation, the plaintiff can use the verification process to compel the at-fault driver to disclose their insurance status. New Hampshire Civil Rule 26 allows the driver to obtain insurance agreements that may be used to satisfy a judgment.

Are Accidents Public Record in New Hampshire?

Yes. Driving records, DMV data, and police reports are accessible to the public, but with some restrictions. While New Hampshire's Right-to-Know Law promotes transparency, specific records are sealed by court order and may be subject to redactions. Following RSA § 260:14, the Division of Motor Vehicles is required to keep personal information on driving records confidential. The data is only available to certain persons, such as the subject of the record, law enforcement, insurance companies, and government agencies. Individuals may also obtain an Incident Report Form involving an incident in which an officer completed an official report. However, the only information released must pertain to the requester.

Can You Go to Jail for Causing an Accident Without Insurance in New Hampshire?

In New Hampshire, causing an accident without insurance does not automatically result in jail time, as the state does not require all drivers to maintain auto insurance. However, a driver involved in a car accident but lacking the financial responsibility to cover damages may face serious penalties, including license and registration suspension. For instance, submitting false insurance documents is a criminal offense under RSA § 641:3. It can be charged as a Class A misdemeanor or even a Class B felony, which can carry potential jail time.

Can You Settle With an Uninsured Driver Out of Court in New Hampshire?

Yes. In New Hampshire, out-of-court settlements are legal and binding if the settlement agreement meets the requirements of a valid contract. While the state does not mandate auto insurance, and drivers can choose to be uninsured, a person in an accident with an uninsured driver can still pursue compensation.

New Hampshire courts, including the Superior Court and District Court, enforce out-of-court settlements in motor vehicle accident cases. If one party fails to honor the agreement, the other party can file a breach of contract claim to enforce the settlement.

Can I Get Compensation If I Was Partially at Fault?

Yes. It is possible to get compensation even when partially at fault in a car accident. According to N.H. Rev. Stat. § 507:7-d, New Hampshire uses the modified comparative negligence standard, also known as the 51% rule. This means that the compensation is reduced by one's percentage of fault. Parties involved can seek compensation for resulting injuries or damages as long as the party's degree of fault is not greater than the other party's fault. If the plaintiff is found to be 51% or more at fault, nothing will be recovered, regardless of the damages.