Motorcycle Accident Frequently Asked Questions
What should I do immediately after a motorcycle accident?
After a motorcycle accident in New Hampshire, your safety and well-being should be your top priorities. If you’re able to do so safely, move to a secure location away from traffic and call emergency services. Seek medical attention for any injuries, no matter how minor they may seem. Additionally, gather information from the scene, such as the other driver’s contact and insurance details, and take photos of the accident scene and any visible injuries.
Is Motorcycle Insurance Coverage Necessary?
Although motorcycle insurance coverage may not be mandated under New Hampshire law, the motorcycle injury attorneys at Tenn And Tenn, P.A. strongly encourage every rider to carry full insurance coverage on their motorcycle. This usually includes:
- Bodily injury liability limits and uninsured/underinsured limits of at least $250,000;
- Medical payments coverage of at least $10,000; and Collision, comprehensive and property coverage on your motorcycle.
- In a non-mandatory insurance state such as New Hampshire, if you do not maintain sufficient insurance coverage and are seriously injured in a motorcycle accident, there may be no insurance monies available to compensate you for your injuries.
If I Have No Insurance of My Own, Can I Bring a Claim Against the Driver Who Hit Me?
Regardless of whether you maintain motorcycle insurance, you are always entitled to bring a claim against the at-fault party, so long as you do so within the Statute of Limitations.
Can I Make a Claim Through My Insurance if I’m Struck and Injured by a Hit-And-Run Driver?
Yes, if you have been injured in a hit-and-run motorcycle accident, you can file a claim under your own uninsured motorist policy for your injuries and damages.
Do I need to hire a motorcycle accident attorney?
While it’s not required to hire an attorney after a motorcycle accident, having legal representation can significantly benefit your case. An experienced attorney can navigate the complexities of New Hampshire’s laws and insurance policies, handle communication with insurance companies, gather evidence to support your claim, and negotiate for fair compensation on your behalf. At Tenn And Tenn, PA, we offer free consultations to assess your case and provide personalized guidance on the best course of action.
How long do I have to file a motorcycle accident claim in New Hampshire?
In New Hampshire, the statute of limitations for filing a personal injury claim, including motorcycle accident cases, is generally three years from the date of the accident. It’s crucial to initiate legal proceedings within this timeframe to preserve your right to seek compensation. However, it’s advisable to consult with an attorney as soon as possible after the accident to ensure all necessary steps are taken to protect your rights.
What types of compensation can I recover in a motorcycle accident case?
If you’ve been injured in a motorcycle accident due to someone else’s negligence, you may be entitled to various types of compensation. This can include medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages. The exact amount of compensation you may receive depends on the circumstances of your case and the extent of your injuries.
What if I was partially at fault for the motorcycle accident?
New Hampshire follows a comparative negligence system, meaning that if you were partially at fault for the accident, your compensation may be reduced proportionally to your degree of fault. However, even if you were partially responsible, you may still be eligible to recover compensation. It’s essential to consult with an attorney who can assess the details of your case and advocate for your rights effectively.
A Car Cut Me off and Fled the Scene. What Can I Do?
Uninsured motorist coverage is designed to cover you and provide compensation for your injuries and damages in the event the at-fault driver cannot be identified.
If My Health Insurance Pays My Medical Bills From My Motorcycle Accident Will I Have to Pay Them Back?
In most situations the answer is “yes.” Most health insurance policies provide for a right of subrogation, meaning that they are entitled to be paid back on any bills they paid on your behalf, if you receive a personal injury settlement or award. Often, your injury lawyer can negotiate down the amount recoverable.
Do I Have to Wear a Helmet When I Ride My Motorcycle?
If you are over 18 years of age, New Hampshire law does not mandate helmet use. As such, wearing a helmet or not, is left up to you. The motorcycle lawyers at Tenn And Tenn, P.A. strongly recommend all riders and passengers wear DOT-approved helmets.
I Was Injured in a Motorcycle Accident but Wasn’t Wearing a Helmet. Can I Still Collect Damages From the Other Driver?
If the other driver was the cause of the motorcycle accident and your resulting injuries, you are entitled to compensation for your injuries. Your failure to wear a helmet does not prevent you from asserting a claim against the at-fault party.
Should I Call the Police if I Am Involved in a Motorcycle Collision?
If you were involved in a New Hampshire motorcycle accident that resulted in significant property damage and/or personal injury, you are required to report the accident to the police. Contacting the police allows them to document the collision, obtain witness and insurance information, and determine who was at fault for the collision. This information will be critical in bringing a claim against the responsible driver.
Why Is an Investigation of My Motorcycle Accident Case Important?
It is critical to initiate a prompt investigation because insurance companies will often attempt to prove that the motorcyclist was reckless or at fault for the crash, all in an attempt to reduce the value of your claim. An experienced New Hampshire motorcycle injury attorney will stay on top of the official investigation and ensure that the facts of the case are represented and that the victim’s rights are protected.
What Is the Difference Between Uninsured and Underinsured Motorist Coverage?
An uninsured motorist is one who does not have auto or motorcycle insurance coverage. Uninsured motorist coverage is a clause in your insurance policy, which pays you for injuries and damages when an uninsured motorist hits and injures you. Underinsured motorist coverage pays for your injuries when the at-fault motorist has insurance coverage, but the liability limit is not high enough to fully compensate you for all the damages you have suffered.
What Can I Do if a Motorcycle Defect Caused My Injuries?
If you were injured due to a manufacturing defect or product defect in your motorcycle, then you may have a claim against the manufacturer of the motorcycle. An experienced motorcycle accident lawyer will retain an expert to thoroughly examine the motorcycle for any evidence of defects, malfunctions or design flaws. It is important to preserve the vehicle unaltered so it can be thoroughly examined for defects.
How Can I Seek Compensation if a Dangerous or Defective Roadway Caused My Motorcycle Accident?
A number of motorcycle accidents in New Hampshire are caused by roadways or intersections that are dangerously designed or roadway defects such as uneven pavement, potholes or missing signage. In such cases, you may be able to file a claim against the governmental entity responsible for maintaining the roadway in question.
What Should I Do if My Family Member Has Been Killed in a Motorcycle Accident That Was Not Their Fault?
The loss of a loved one under any circumstances can be devastating. If you have lost a loved one in a motorcycle accident as the result of someone else’s negligence or wrongdoing, you can file a wrongful death claim against the negligent or responsible party. Typically, an estate will be open and the estate will initiate the claim on the decedent’s behalf. Such claims seek compensation for losses including, but not limited to, medical expenses, funeral costs, lost future income and benefits and emotional distress.
DWI Frequently Asked Questions
What are the Penalties for a DWI Conviction in New Hampshire?
A driver who is convicted of DWI (first offense) is subject to the following penalties:
- A minimum ninety (90) day actual loss of license and a maximum two (2) year loss of license.
- A fine between $500 and $1,200, plus a 20% penalty assessment.
- A twenty (20) hour impaired driver intervention program at a cost of approximately $600. If the driver was under twenty-one (21), the minimum period of license loss is one (1) year.
- Refusing to submit to a post-arrest sobriety test or alcohol concentration test.
- Submitting to a post-arrest alcohol concentration test that discloses an alcohol concentration of greater than 0.08, or 0.02 if under the age of twenty-one (21).
- There is a passenger under sixteen (16).
- The driver was going more than thirty (30) miles over the posted speed limit.
- The driver had an alcohol concentration of .16 or greater.
- The driver attempted to elude pursuit by law enforcement.
- The driver caused a motor vehicle collision resulting in death or serious bodily injury.
What Are the Penalties for Aggravated DWI and DWI, Subsequent Offense?
If the complaint alleges that the driver has been convicted of a previous DWI offense (in any jurisdiction) within the past ten (10) years, there is
- A mandatory jail sentence.
- Mandatory residential treatment at the driver’s expense.
- A mandatory loss of license of at least three (3) years.
- A mandatory minimum thirty (30) days in jail and a maximum sentence of one year in jail.
- 7 days at the New Hampshire DWI Multiple Offender Intervention Detention Program (“MOP”) at a cost of approximately $1,200, to commence immediately upon release from jail.
- A mandatory three (3) year loss of license; and (D) a fine between $500 and $2,000 plus a 20% penalty assessment. If the second offense occurred more than two (2) years before the date of the new offense, the mandatory jail sentence is only three (3) days, but other sentencing provisions are identical.
- Six (6) months to one (1) year in jail.
- A twenty-eight (28) day residential treatment program to be completed at the driver’s expense.
- A mandatory minimum five (5) year loss of license; and (D) a fine between $500 and $2,000 plus a 20% penalty assessment.
What Are the Penalties for Causing Death or Serious Bodily Injury by DWI?
A driver who causes a motor vehicle accident while impaired by alcohol or drugs which results in serious bodily injury to any person, including the driver, may be prosecuted for Class B Felony Aggravated DWI. This charge carries
- A mandatory minimum fourteen (14) day jail sentence and a maximum sentence of 3 1/2 to 7 years in the New Hampshire State Prison.
- Seven (7) days of residential treatment at the Multiple Offender Program (“MOP”) at the driver’s expense.
- Loss of license.
What Are the Penalties if I Refuse a Post-arrest Breath Test?
If the police officer followed the correct procedure, you will be subject to an Administrative License Suspension (“ALS”). The ALS will be for six (6) months if you have no previous DWI’s or test refusals on your record. It will be for two (2) years if you have either a prior DWI or a prior post-arrest test refusal. The suspension for refusing a post-arrest test is always consecutive (e.g., in addition to) any period of revocation imposed by the court.
Note that this is an administrative suspension which is imposed by the Department of Safety. The ALS is automatic unless you file a request for a hearing with the Department of Safety within thirty (30) days of your arrest (or within thirty (30) days of receiving notice of the ALS).
Additionally, the failure to submit to a post-arrest breath test may be admitted in court in a DWI case to prove consciousness of guilt.
What Happens if I Refuse a Post-arrest Blood Test, Urine Test or Physical Field Sobriety Test?
Post-arrest blood tests, urine tests and physical field sobriety tests are treated the same as post-arrest breath tests. A refusal to take these tests will trigger an ALS and may be used as evidence in the underlying DWI case. For more information about ALS, please see previous question above.
What Are the Penalties if I Take a Post-arrest Breath Test Which Reveals an Alcohol Concentration of 0.08 or Greater?
If the police officer followed the proper procedure, you will be subject to an ALS that will be concurrent (e.g., simultaneous) with any period of revocation imposed by the court. The length of the ALS will be six (6) months if you have no prior DWI’s or test refusals. It will be two (2) years if you have either a prior DWI or a prior post-arrest test refusal.
The ALS will be vacated (if you request a hearing) if the police officer failed to follow the procedure described in response to Question 4, above. Additionally, the ALS should be vacated if:
- The intoxilyzer was not certified;
- There were maintenance or reliability problems with the intoxilyzer;
- The intoxilyzer operator was not certified; or
- The test result was 0.08 (because a result of less than 0.08 would be within the machine’s margin of error).
- The machine’s margin of error.
- The likely rate of alcohol absorption and elimination to determine whether there is a good defense to a per se complaint.
What Are the Penalties if I Take a Pre-arrest Breath Test Which Reveals an Alcohol Concentration of 0.08 or Greater?
There is a statute which says that the Preliminary Breath Test (“PBT”) results are admissible if certain procedural pre-requisites are met. These procedural pre-requisites are as follows:
- The officer must be certified to use the PBT device.
- The PBT device must be certified by the Department of Health and Human Services.
- The officer must have reasonable grounds to believe that the driver was operating a motor vehicle while under the influence of alcohol or drugs.
- The officer must advise the driver that refusing or taking a PBT will neither prevent nor require a subsequent post-arrest test.
Is There a Difference Between a Hospital Blood Test and a State Blood Test?
A State blood test is performed on whole blood and the result is reported in terms of grams of alcohol per unit of whole blood. Most hospital tests are performed on blood plasma and the result is reported in terms of grams of alcohol per unit of blood plasma. Because alcohol has a greater affinity for blood plasma than for whole blood, a hospital test will almost always state a higher alcohol concentration than a whole blood test.
The State’s experts typically say that a hospital test overstates whole blood alcohol concentration by 15% to 20%. This, however, is gross oversimplification. The difference between whole blood and blood plasma alcohol concentration varies greatly among people and varies within a given individual over time.
Will I Lose My Driver's License if I'm Convicted of DWI?
Yes, a DWI conviction in New Hampshire typically results in a mandatory license suspension. The length of the suspension varies based on factors such as prior offenses and whether the individual refused chemical testing at the time of arrest.
What Should I Do With the “Second Sample” of My Breath?
Please do not open the container. Place the sealed bag in a safe place and give it to your NH drunk driving defense lawyer at your earliest opportunity. This is very important because you are entitled to have the second sample tested by an independent laboratory (at a cost of around $110). If the test reports are inconsistent with the intoxilyzer result, you may be able to suppress the intoxilyzer result at your DWI trial and your ALS hearing.
Can I Refuse to Take a Breathalyzer Test?
While you have the right to refuse a breathalyzer test in New Hampshire, doing so can have consequences, including automatic license suspension. It’s important to weigh the potential consequences carefully and consult with an attorney before making a decision.
What Is the “Legal Limit” in New Hampshire?
New Hampshire defines legal impairment in two alternative ways. Under one definition, a driver is per se impaired if he has an alcohol concentration of 0.08 or greater at the time he was driving. A driver who is under 21 is per se impaired if he has an alcohol concentration of .02 or greater. A driver with a CDL license who is driving a commercial vehicle is per se impaired if he has an alcohol concentration of 0.04.
Under the second definition, a driver is DWI if he is actually impaired by alcohol and/or drugs to any perceptible degree. Under this definition, the driver’s alcohol concentration is merely circumstantial evidence of actual impairment. An alcohol concentration of 0.08 or greater is prima facie evidence of impairment. This means that if the State proves that the driver had an alcohol concentration of 0.08 or greater at the time he was driving, that is sufficient to prove impairment. However, it is not conclusive evidence of impairment. An alcohol concentration of 0.03 or less is prima facie evidence that the driver was not impaired.
Do I Need a Lawyer if I've Been Arrested for DWI?
Yes, it’s highly advisable to seek legal representation if you’ve been arrested for DWI. An experienced DWI lawyer can help you understand your rights, navigate the legal process, and develop a strong defense strategy tailored to your case.
Am I Entitled to Receive a Copy of the Police Reports in My Case?
Your New Hampshire drunk driving defense lawyer will request “discovery” from the prosecutors office and all of the relevant police reports should be provided. Your lawyer should also obtain copies of any cruiser and booking videos if they were made as well as the maintenance records for the intoxilyzer if there was a breath test in your case. If you are representing yourself in court (which is not advisable), you should write to the prosecutor to obtain this information.
What Is IDIP?
It is the Impaired Driver Intervention Program. This is a twenty (20) hour course which persons convicted of DWI, first offense must take prior to restoration of their driving privileges. An intensive weekend course is available. The N.H. Division of Motor Vehicles maintains a statewide list of approved IDIP programs. If you reside in another state you can attend an IDIP program in New Hampshire or a state approved IDIP program in the state in which you reside. You should make sure that an out of state program is acceptable to the New Hampshire DMV before you enroll.
At the conclusion of the IDIP program you will be evaluated for follow up treatment. Your license or privilege to drive in New Hampshire will not be restored until you have successfully completed all follow up treatment. This may include participation in individual alcohol counseling or in a self-help program such as, for example, alcoholics anonymous. If you object to the IDIP’s recommendation for follow up treatment, you may obtain a second opinion from a licensed alcohol and drug abuse prevention counselor (LADAC) at your own expense. You can appeal a recommendation of follow up treatment to the Department of Safety. The Department of Safety provides a downloadable appeal form. The Department of Health and Human Services (“DHHS”) maintains an information sheet on IDIP programs.
Note that under the DHHS regulations, follow up treatment should be automatically recommended if the driver’s alcohol concentration was .16 (or .08 if the driver was under 21). Follow up treatment should also be automatically recommended if the driver had multiple alcohol or drug related motor vehicle arrests. The regulations set forth fairly detailed criteria to determine whether follow up treatment should be ordered on other grounds.
What Is MOP?
MOP is the State’s seven day residential Multiple Offender Program. Persons convicted of
- Aggravated DWI.
- DWI, Subsequent Offense must complete MOP at a cost of approximately $1,200.
What Defenses Are Available for DWI Charges?
There are various defenses that may be available depending on the specifics of your case. These can include challenging the validity of the traffic stop, disputing the accuracy of chemical test results, or arguing that law enforcement violated your rights during the arrest process.
Am I Supposed to Receive My Miranda Warnings?
The police only need to give Miranda warnings prior to post-arrest custodial interrogation. Generally, there is no need to give Miranda warnings in connection with roadside questioning during an investigative detention. As a practical matter this means that Miranda warnings are not required in DWI cases until the driver is arrested.
Your New Hampshire criminal defense lawyer should carefully review the police reports and interview you to determine whether you may have a valid motion to suppress any statements that you made to the police.
How Long Will a DWI Conviction Stay on My Record?
A DWI conviction can have long-lasting consequences, including a permanent criminal record. However, New Hampshire does offer the possibility of petitioning for annulment of certain convictions after a specified period of time, provided certain criteria are met.
What Should I Do if I've Been Arrested for DWI?
If you’ve been arrested for DWI in New Hampshire, the most important thing to do is seek legal representation as soon as possible. Refrain from discussing the details of your case with law enforcement and contact a qualified DWI lawyer who can advise you on the best course of action.
Personal Injury Frequently Asked Questions
If I Suffer an Injury What Should I Do First?
Seek medical attention. If you are injured, your health must be your initial concern. Obtain medical treatment as soon as possible. Do not take any unnecessary risks to your health after an accident or injury.
If you or someone in your family has been injured, you should seek legal advice as quickly as possible thereafter to see if you have a New Hampshire claim for personal injury. The cause of an injury may not always be obvious, and there may be one or more parties responsible for the injury. Tenn And Tenn, P.A. in Manchester, New Hampshire, can help determine the cause of an injury, and whether someone is legally responsible for the injury.
What if I Am Contacted by an Insurance Company or an Investigator?
You should not discuss your injury or the way in which it happened with anyone until you have consulted a New Hampshire attorney. These statements might be incorrect, incomplete, taken out of context, or be harmful to your case at a later date. Do not file any written reports or descriptions, sign any papers, or agree to any settlement, as this may affect your ability to recover full compensation for your injuries.
How long do I have to file a personal injury claim in New Hampshire?
In New Hampshire, the statute of limitations for personal injury claims is generally three years from the date of the injury. However, there may be exceptions to this rule depending on the specifics of your case. It’s essential to consult with an experienced attorney at Tenn And Tenn, PA, as soon as possible to ensure that you meet all necessary deadlines.
Is It Ever Too Late to Bring a Claim?
There are strict statutes of limitations, which prohibit the bringing of old claims. For many claims, these statutes of limitations may be three years, although there are several exceptions both shorter and longer. You should consult a New Hampshire lawyer as soon as you are aware that you have been injured. Even if you were injured some time ago, you may still be able to bring a claim. Failing to file a personal injury lawsuit within the statute of limitations will cause the claim to expire and you will not receive any compensation for your injuries.
Why Should I Bring a Personal Injury Claim?
If you are injured through the fault of someone else, you are entitled under New Hampshire law to full, fair and adequate compensation for your injuries.
What types of damages can I recover in a personal injury case?
In a personal injury case, you may be entitled to various types of damages, including medical expenses, lost wages, pain and suffering, and property damage. The specific damages available to you will depend on the circumstances of your injury and the extent of your losses. Our attorneys will thoroughly assess your case to determine the full scope of damages you may be entitled to recover.
How Do I Know if I Have a Valid Personal Injury Claim?
A valid personal injury claim requires you to demonstrate that you have been injured due to someone else’s fault, and have sustained damages. Injury claims, or tort claims as they are called, requires the injured party to demonstrate two specific elements known as liability and damages. Consulting a New Hampshire personal injury lawyer is the most prudent act to determine whether your personal injury claim is valid.
What Is Negligence?
Negligence is the failure to use reasonable care. In other words, negligence is any conduct that falls below the standard of care established by law to protect others from the unreasonable risk of harm.
Will I have to go to court if I file a personal injury claim?
Not necessarily. Many personal injury cases are resolved through negotiated settlements with insurance companies, eliminating the need for a trial. However, if a fair settlement cannot be reached, our attorneys at Tenn And Tenn, PA, are prepared to take your case to court and advocate for your rights before a judge and jury.
Will I Hurt the Person I’m Suing by Bringing a Personal Injury Claim?
Almost all personal injury claims are defended by insurance company lawyers and paid by insurance, so the person or corporation you sue will not necessarily have to pay any money out-of-pocket. A personal injury claim is a civil case, not a criminal case, and the defendant will generally not go to jail because of the claim.
How much is my personal injury case worth?
The value of your personal injury case will depend on various factors, including the severity of your injuries, the extent of your medical expenses, the impact on your ability to work, and the degree of pain and suffering you’ve endured. Our experienced attorneys will conduct a thorough evaluation of your case to determine its potential value and work diligently to maximize your recovery.
When Should I Hire a Personal Injury Attorney?
Retaining the services of an experienced New Hampshire personal injury lawyer is critical in any personal injury claim. Hiring an attorney as soon as possible allows your legal counselor to gather critical evidence, obtain witness statements, and document the facts surrounding your accident or injury. Act quickly to preserve your rights in order to present the best evidence on your behalf.
Can I afford to hire a personal injury attorney?
At Tenn And Tenn, PA, we understand that finances may be a concern after an injury. That’s why we offer free consultations to discuss your case and explain your legal options. Additionally, we work on a contingency fee basis, which means you don’t pay any attorney fees unless we recover compensation for you.
What Bills Are Traditionally Included in a Bodily Injury Claim?
The term “bodily injury claim” usually refers to a personal injury sustained by an individual. These claims usually involve economic damages and general damages. Economic damages are those damages which usually refer to lost wages, medical bills, rental car expenses, and other direct monetary damages. General damages traditionally refer to pain, suffering, and distress. Before you settle your bodily injury claim, be certain that you are receiving a recovery for all aspects of damages available to you as a result of the injuries you sustained.
What should I do if the insurance company denies my claim?
If your claim is denied by the insurance company, it’s essential to seek legal guidance from our experienced attorneys at Tenn And Tenn, PA. We can review the denial, gather additional evidence, and explore options for appealing the decision or pursuing further legal action to ensure that your rights are protected.
I’ve Been Injured in an Accident and Don’t Have Medical Insurance to Pay For My Medical Treatment. Who Will Pay For My Medical Bills Caused by the Accident?
Your attorney can seek to recover your medical expenses from the individual or company at fault in your accident along with other types of compensation. In many instances, your attorney can recover from your own insurance policy.
I Was Hit From Behind by a Driver That Had No Insurance at the Time of the Accident. Can I Still Obtain Compensation for My Injuries?
If you have uninsured motorist coverage on your own vehicle under your own policy of insurance, you may be able to recover under you own policy. Be sure to contact an attorney for review of your situation. Payment of these types of claims under your policy should not result in an increase in your premium, or a cancellation of your coverage.
Can My Lawyer Settle My Case Without My Consent?
As a general practice, lawyers traditionally do not settle clients’ cases without their knowledge and consent. However, it is possible that the Fee Agreement you executed with your lawyer allows him or her to settle your case without your consent. It is prudent to always discuss the settlement process with your lawyer, to ensure that you are fully advised of the settlement negotiations in that you wish to have the final say regarding your settlement.
Can a Healthcare Provider Be Repaid From a Personal Injury Settlement?
Yes. It is quite common that healthcare providers are paid out of personal injury recoveries. Most health insurance policies now have language which requires the insurance company to be repaid for the amount of money they have advanced or paid on medical bills if the injured person receives a personal injury settlement.
Car Accident Frequently Asked Questions
What should I do immediately after a car accident?
First and foremost, seek medical help for yourself or any injured person. If necessary, call the police and an ambulance right away. When the situation has stabilized and medical needs have been addressed, begin to collect any information you can about the accident. Here is a list of other things you should consider doing after being involved in a car crash in New Hampshire:
- Document the name, address, telephone number, driver’s license number and insurance information of the other driver. Write down the make, model, and license plate number of each car involved.
- Collect the name, address and phone number of any witness who observed the accident. Oftentimes, witness information is critical to establishing fault.
- Find out the investigating police officer’s name and ask how to obtain a copy of the police report.
- If possible, photograph the accident scene or draw a diagram of how the accident happened along with the final resting places of the vehicles, before they are moved or towed from the scene.
Should I Call the Police?
Yes. It is important to contact the police immediately if you are involved in an accident. Doing so will not only provide proof of the accident, but will allow for an immediate on-scene investigation. In addition, police will take statements of witnesses, and will examine the other driver to check for drug or alcohol use. The police can also be valuable witnesses to your injuries at the scene, and they can assist in securing an admission of fault from the negligent driver.
Should I Take Pictures of the Accident Scene?
Yes. Even if the police take photographs, you should try to document the accident scene yourself. We recommend that you take twice as many photographs as you think you might otherwise need. Taking shots from multiple angles and locations is the best way to enable an accident reconstructionist to produce an accurate diagram of the collision.
How long do I have to file a car accident claim in New Hampshire?
In New Hampshire, the statute of limitations for filing a car accident claim is three years from the date of the accident. This means that you have three years from the date of the accident to file a lawsuit seeking compensation for your injuries and damages. It’s crucial to act promptly and consult with an attorney as soon as possible to ensure that your legal rights are protected.
How Is Fault Determined After a Car Accident?
More often than not, the cause of the car accident will be readily apparent. If it is not, the investigating police officer will make an on-scene determination of fault, after speaking to the parties and witnesses involved. Generally, the police officer will be attempting to determine which person violated a traffic law in order to hold that person responsible.
What if I was partially at fault for the car accident?
New Hampshire follows a modified comparative negligence rule, which means that if you were partially at fault for the car accident, your compensation may be reduced based on your percentage of fault. However, as long as you were not more than 50% at fault for the accident, you may still be entitled to recover damages. An experienced attorney can review the details of your case and help you understand how comparative negligence may impact your claim.
Should I Admit Fault if I Think I’m to Blame for the Car Accident?
Many times, car accidents happen in the blink of an eye. The resulting stress and emotional reaction to the situation can cloud one’s ability to think clearly. It is not until a full investigation has been completed that it can be officially known which party bears responsibility for causing the accident. Because other circumstances or factors that you may not have witnessed could have played a role in the accident, it is important to have an investigation conducted. If you mistakenly admit fault, it can be used against you.
How much compensation can I receive for my car accident injuries?
The amount of compensation you may receive for your car accident injuries depends on various factors, including the severity of your injuries, the extent of property damage, lost wages, medical expenses, and pain and suffering. Every case is unique, and the value of your claim will be determined based on the specific circumstances surrounding your accident. Consulting with an attorney who has experience handling car accident cases in New Hampshire can provide you with a better understanding of the potential compensation you may be entitled to receive.
If I Am Injured, Should I Visit My Doctor?
Always seek medical attention promptly if you are injured. It is important that you receive medical attention if you feel any pain or discomfort. Waiting to obtain treatment is not usually a good idea because it can have adverse physical consequences, and it can potentially hurt your case, as there will be no medical documentation of your injuries immediately following the accident.
Should I See a Doctor Even if I Don’t Have Apparent Injuries?
Many times, the onset of injuries can take a few days to appear. Our car accident attorneys recommend that accident victims seek medical attention as soon as possible, and especially before settling their claim with the insurance company. Once your claim is settled, the case is over. If future injuries or problems occur, you will not be able to undo or re-open the case.
Should I Contact My Own Insurance Company?
Automobile insurance policies require their policyholders to promptly report every auto accident. Typically, an insurance adjuster will gather all of the basic information concerning the accident and your injuries. The adjuster may also request a recorded statement concerning the collision and your injuries.
If you are worried about providing a recorded statement, you should contact an attorney to discuss those concerns, prior to giving the statement to your insurance company. Our car accident lawyers will take the time to explain the process to you and address any concerns that you may have.
Can I Try to Settle With the Insurance Company Myself?
Although you are free to do so, negotiating your own personal injury claim is not recommended by our car accident attorneys, especially in serious injury cases. Rather, we recommend that you consult with our experienced injury lawyers regarding your car accident. Our car accident lawyers know the law and are here to help you achieve full, fair and adequate compensation.
Should I accept the insurance company's settlement offer?
Before accepting any settlement offer from the insurance company, it’s essential to consult with an attorney who can review the offer and ensure that it fully compensates you for your injuries and damages. Insurance companies often try to settle claims quickly and for less than what victims deserve. An attorney can negotiate with the insurance company on your behalf and help you pursue the maximum compensation available under the law.
How can an attorney help me with my car accident case?
An experienced car accident attorney can provide you with invaluable legal guidance and support throughout the claims process. From investigating the accident and gathering evidence to negotiating with the insurance company and representing you in court if necessary, an attorney can handle all aspects of your case. They can also help you understand your legal rights, navigate complex legal procedures, and ensure that your best interests are protected every step of the way.
When Should I Contact an Attorney?
Once your immediate medical needs have been addressed, you should promptly contact an experienced car accident lawyer. The attorneys at Tenn And Tenn, P.A. will meet with you as soon as possible to help you address your needs and concerns.
