How Is Fault Determined in a Car Accident in New Hampshire?

Fault in a car accident in New Hampshire is determined using a modified comparative fault system. Police reports carry weight, but they’re not the final word. Insurance companies and courts, they look at traffic violations, witness statements, physical evidence such as skid marks, vehicle damage patterns, and sometimes even the use of accident reconstruction.

If you’re less than 51% at fault, you can still recover damages. It just gets reduced by the amount of your fault. This is known as the 51% rule in New Hampshire. So, if you’re 20% at fault for a $100,000 claim, you’d only get $80,000. Unlike in Massachusetts, New Hampshire doesn’t have no fault insurance. So, fault determinations even more critical. Document everything and never admit fault at the scene.