If you’ve been injured while riding a two- or three-wheeled vehicle in New Hampshire, one of the first questions an attorney might ask you is what, exactly, you were riding. In New Hampshire, the legal definition of your vehicle can influence everything from insurance coverage to helmet requirements to how liability gets argued. If your vehicle is misclassified, it can cost you.
If you or a loved one has been injured in a motorcycle accident in New Hampshire, you might be entitled to compensation. Contact the New Hampshire personal injury lawyers at Tenn And Tenn, P.A. today at 888-332-5855 or online for a free consultation. We represent motor vehicle accident victims throughout New Hampshire, including Derry, Concord, and Keene. We want to help you receive the fair and full compensation you deserve.
How New Hampshire Defines “Motorcycle”
New Hampshire law defines a motorcycle as any motor vehicle with a seat or saddle for the rider, designed to travel on no more than three wheels in contact with the ground. The statute specifically excludes electric bicycles, tractors, and mopeds, but includes enclosed-cab, three-wheel scooters.
Three-wheeled motor vehicles have become increasingly popular, and New Hampshire law treats many of them as motorcycles for registration, insurance, and licensing purposes. However, some look more like small cars.
Categories of Motorcycles in New Hampshire
New Hampshire’s motor vehicle code establishes several related categories beyond the basic motorcycle definition, and each one carries different legal consequences:
Motor-driven cycles. By law, this category covers motorcycles or motor scooters producing five horsepower or less, along with motorized bicycles, but excludes electric bicycles. A motor-driven cycle is still a motorcycle-type vehicle under the law, but its lower power threshold can affect how it’s registered and insured.
Autocycles. An autocycle is defined as a three-wheeled vehicle with a steering wheel, rather than handlebars, and seating that doesn’t require the rider to straddle the vehicle. It must have seatbelts and meet federal motorcycle safety standards. New Hampshire law treats an autocycle as a motorcycle in most respects, but operating one requires only a standard driver’s license rather than a separate motorcycle endorsement. This distinction can matter a great deal after a crash.
Mopeds. Generally limited to 30 miles per hour or less and the inability to shift gears, mopeds are legally distinct from motorcycles and often carry different registration and insurance rules.
Pocket bikes. Miniature motorized bikes, also known as mini-choppers or pocket rockets, are two-wheeled vehicles with handlebars, powered by fuel, but are smaller than traditional motorcycles or mopeds. They have their own statutory definition under New Hampshire law.
Why These Classifications Matter
In a personal injury case, how a motor vehicle is classified can directly affect your case’s outcome. For example, classification can determine which insurance policy applies and which coverage limits apply. It might also determine whether an insurer will try to deny a claim by arguing your vehicle falls outside a policy’s definition of “motorcycle” or “automobile.” Insurers have an incentive to classify a vehicle in a way that minimizes their payout, and unfortunately, some will try to push an inaccurate classification.
In addition, New Hampshire is one of only three states where riders 18 and older are not legally required to wear a helmet. However, that rule only applies to motorcycles and autocycles. An insurance company or opposing counsel may seek to argue that your vehicle falls into a different category, which can affect the comparative fault determination, especially if there’s a dispute about safety equipment.
Finally, operating a motorcycle in New Hampshire requires a motorcycle endorsement on your license. If your vehicle is classified as something other than a traditional motorcycle, different licensing rules may apply. This is exactly the kind of detail an insurer might use to confuse the issue. For example, an adjuster might claim a three-wheeled autocycle was actually a motorcycle requiring an endorsement you didn’t have, then use that alleged violation to shift blame for a crash that had nothing to do with your license.
How a New Hampshire Personal Injury Attorney Can Help
If you’ve been hurt in a crash involving a motorcycle, moped, autocycle, or similar vehicle, the skilled New Hampshire motorcycle attorneys of Tenn And Tenn, P.A. can help ensure that your vehicle is properly classified in insurance documentation and police reports to ensure that a misclassification does not shortchange you.
We’ll also negotiate on your behalf with insurance companies and make sure you don’t accept a lowball offer or denial based on a misclassification or mischaracterization of the facts. If a claim has already been undervalued or denied, we can also push back directly with the insurer or, if necessary, take the case to court.
If you’re facing these issues, contact Tenn And Tenn’s personal injury team today at 888-332-5855 or online to discuss your case. We represent clients throughout New Hampshire, from Berlin to Dover. We want to help you, too.
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