What Do I Need to Do After a Car Accident in NH?
After a car accident, it’s common to feel like you should discuss fault with the other driver. While it is important to get basic information from the other driver like their insurance information, address, and contact information, you should never discuss fault with the other driver. Anything you say can be taken out of context by the other driver and used against you during insurance and other legal claims involving the accident.
It is important to file a claim with your insurance company as soon as possible after an accident. But before you file a claim, consider talking to an experienced car accident attorney. Once a claim is filed, the other drivers’ insurance company can contact you for information about the accident. The other insurance company will try to prove that the accident was your fault. An experienced attorney can help you create a clean narrative about the accident, and make sure your words are not used against you.
To learn about the steps you should take after an accident, go to our information page here.Who is Responsible for Damages
There are three main parties that can be held responsible for compensation for damages from car accidents.
Reckless or Negligent Drivers — Drivers who fail to follow safety laws who exhibit dangerous behavior like speeding, running red lights, or driving while distracted can be held accountable for their actions if their behavior leads to an accident.
Companies or Organizations — Companies and organizations can be held responsible for damages in a variety of situations. If the crash was caused by a driver who was completing duties for a business, organization, or government, the larger entity can be held responsible for negligence in hiring and training drivers, or for faulty auto equipment. Governments can be held responsible for dangerous driving conditions like potholes, confusing streets, or incorrect signage that causes accidents.
Car Manufacturers — If an accident is caused by a design defect of a car, the car manufacturer can be held responsible for the defective or failed parts that led to the accident.Damage Awards for Car Accidents
New Hampshire uses a modified comparative fault system to determine compensation for injuries. Under this system, an injured plaintiff can receive compensation if she is found to be 51% or less responsible for the injury. If the injured plaintiff is found to be more than 51% responsible, then she loses all rights to receive compensation.
The value of the damage award will be based on evaluations like:
- The damage incurred by each vehicle
- The severity of the injuries sustained by both parties, including the time it will take to recover from the injuries
- The driving history of both drivers (does one have a history of speeding tickets?)
- The cause of the accident
Most car accident cases are decided in settlements where the defendant’s insurance company comes to an agreement with the plaintiff over the amount of damages. If the parties cannot reach an agreement, the case will go to trial and will be decided by a jury. The amount of damages awarded is different for every case, and will depend on the specifics of the injuries and damages incurred.
Having an experienced New Hampshire injury attorney on your side increases your probabilities of a successful resolution. Our trial attorneys are among the best injury lawyers in New Hampshire. Our years of hard work and experience serve to help our clients achieve results. We are here to help during your timer of need. Call us today.