What to Do Immediately After the Accident 
After any accident, especially one involving out-of-state drivers, it’s essential to know the right steps to take to protect your interests. You want to make sure you’re taking the right actions not only for your safety but to ensure your claims are properly filed. First and foremost, call the police to file an accident report. In New Hampshire, this is necessary when there are injuries or significant property damage. The report will serve as an official record of the incident, which can be crucial when determining liability and pursuing a claim. Also, the police report will provide you with an accident number, which you’ll need for filing insurance claims. While waiting for the authorities to arrive, gather as much information as possible. This includes: - Names, contact information, and insurance details of all involved drivers.
- The registration information of the other vehicle.
- Names and contact information of witnesses.
- Photos of the accident scene, including vehicle damage and any visible injuries.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
Insurance Coverage for Out-of-State Drivers in New Hampshire
When it comes to insurance, New Hampshire has its own set of rules, particularly since it is one of the few states that does not require drivers to have a traditional no-fault policy. This means that unlike in other states, where each driver’s own insurance handles their injuries, in New Hampshire, you typically file against the at-fault driver’s insurance for your damages. However, the insurance of an out-of-state driver who caused the accident must still meet New Hampshire’s minimum insurance requirements. These include:- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Dealing with Insufficient Insurance Coverage
If the at-fault driver’s insurance doesn’t cover all of your damages, you may be able to claim additional compensation through your own underinsured motorist coverage. This type of coverage is designed to protect you in the event the other driver does not have enough insurance to pay for your medical bills and property damage. If you don’t have underinsured motorist coverage, it may be possible to pursue compensation through a personal injury lawsuit against the at-fault driver. This is where an experienced personal injury attorney can be crucial in helping you understand your rights and the best legal course of action to take.How the Claims Process Works in New Hampshire
In New Hampshire, the process of filing a claim follows a relatively straightforward path, but it can become complicated when dealing with an out-of-state driver. Here’s a breakdown of what to expect:- Report the Incident – If the police are called to the scene, they will create an official report. This report is vital to the claims process. If there is no police involvement, make sure to write down every detail you can recall.
- Notify Your Insurance Company – Regardless of who was at fault, you must notify your own insurance provider as soon as possible. In many cases, your insurance company can assist with processing claims, even if the other driver’s insurance is at fault. This is especially true if you have personal injury protection (PIP) or medical payments coverage.
- Contact the Other Driver’s Insurance – Once you have the necessary information, you’ll need to file a claim with the out-of-state driver’s insurance company. Even if they are not a New Hampshire resident, their insurance policy is still required to meet state minimum requirements if they were operating the vehicle on state roads.
- Provide Documentation – Ensure that you submit all relevant documents, including medical bills, car repair estimates, photos from the accident scene, witness testimonies, and the police report. This information will be important to substantiate your claim.
- Negotiate with Insurance Companies – If the other driver’s insurance company agrees to the claim, they will issue a settlement. However, many insurance companies will attempt to minimize the payout. In such cases, it might be necessary to negotiate a higher settlement or explore legal options.
Where to File Your Claim in New Hampshire
Knowing where to file your claim is crucial, especially when dealing with out-of-state drivers. Depending on the nature of the accident and the insurance details, you may file the claim with the at-fault driver’s insurer, your own insurer, or pursue legal action. Here’s a breakdown of the filing options:- The Other Driver’s Insurance – If the out-of-state driver is found to be at fault, the claim will be filed with their insurance company. This is the most straightforward option.
- Your Own Insurance – If the out-of-state driver is uninsured or underinsured, or if you cannot determine fault immediately, you may need to file a claim with your own insurer. Your own uninsured motorist coverage or collision coverage may help cover your damages.
- Small Claims Court – If you and the insurance company cannot reach a settlement, or if the driver is uninsured, you may need to take the matter to small claims court. The New Hampshire Small Claims Court can handle cases involving damages of $5,000 or less. If your damages exceed that amount, you would need to file a civil lawsuit.
Legal Help in Filing a Claim
Filing a claim involving an out-of-state driver can be challenging, especially when trying to navigate the different insurance systems and cross-state legal complexities. If you are facing difficulties, it’s highly recommended to consult with a personal injury attorney who is well-versed in New Hampshire’s auto accident laws. An experienced attorney can help by:- Negotiating with insurance companies on your behalf
- Filing lawsuits if necessary
- Ensuring that your legal rights are protected
- Maximizing the compensation you receive for your injuries and damages