Detailed Answer
If another driver failed to stop at a stop sign and collided with your vehicle in New Hampshire, you can pursue a personal injury claim to recover medical expenses, lost wages, property damage, and other losses. Below is a practical, step-by-step guide to help you preserve your rights and understand how a claim typically proceeds under New Hampshire law.
1. Immediate steps at the scene and right after the crash
- Protect safety and health: Call 911 if anyone is injured. Get medical care right away. Even if injuries seem minor, some problems (e.g., whiplash, internal injury) appear later.
- Call the police: Ask for a crash report. A police report documents the scene and statements; it is often important evidence for fault and insurance claims.
- Gather evidence: Photograph vehicles, the intersection, skid marks, traffic signs (showing the stop sign), license plates, visible injuries, and the other driver’s ID and insurance information. Get contact info for witnesses.
- Do not admit fault: Be courteous but avoid saying you are “sorry” or admitting you were negligent. Factual statements are fine (e.g., “I was injured”).
2. Medical treatment and documentation
Seek prompt medical evaluation and follow recommended treatment. Treating providers’ records and bills are key proof of injury and damages. Keep copies of all medical records, invoices, prescriptions, and notes about pain, limitations, and recovery.
3. Report the crash to your insurance company
Notify your insurer as your policy requires. Provide truthful information. Do not give recorded statements or sign releases without reading them or consulting an attorney if the case is serious. Keep written records of every call, the name of the person you spoke with, and what was said.
4. How fault is decided in New Hampshire
New Hampshire uses fault-based rules for motor vehicle claims. If the other driver ran a stop sign, that behavior is strong evidence of negligence. Fault is often established by a combination of the police report, witness statements, physical evidence (damage pattern, photographs), and medical records.
Your recovery can be reduced by any percentage of fault assigned to you. That means if you are found partially at fault, your damages award will typically be reduced in proportion to your share of fault.
5. Damages you can pursue
- Economic damages: Medical bills, future medical costs, lost wages, loss of earning capacity, vehicle repair or fair-market value if totaled, transportation expenses, and other out-of-pocket costs.
- Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life.
- Punitive damages: Rare; only in cases of particularly reckless or intentional misconduct.
6. Typical claim process
- Evidence collection: Continue to collect documents (medical records, bills, pay stubs, repair estimates, photos, correspondence with insurers).
- Demand package: When your condition stabilizes, you or your attorney typically send a demand to the at-fault party’s insurer that describes the facts, injuries, liability evidence, and a damages demand.
- Negotiation and settlement: Many claims resolve by negotiated settlement. Insurers may make initial offers; expect back-and-forth. Consider the full value of future medical needs and non-economic loss before accepting anything.
- File suit if needed: If settlement fails, you can file a lawsuit in New Hampshire civil court before the statute of limitations expires (see next section).
7. Key deadline: statute of limitations
New Hampshire sets a time limit for filing personal injury lawsuits. You generally must file suit within three years from the date of the injury. Missing this deadline can bar your ability to recover through the courts. See NH Revised Statutes Annotated, chapter on limitations (example: RSA 508:4) for details: https://www.gencourt.state.nh.us/rsa/html/LVIII/508/508-4.htm.
8. When to talk to an attorney
Consider consulting a licensed New Hampshire personal injury attorney if:
- You have significant medical bills, lost income, or permanent impairment.
- The other driver disputes fault or there are conflicting witness statements.
- The insurer makes a low offer or is delaying payment.
- The crash involves uninsured or underinsured drivers and your coverage questions are complex.
- You are unsure what damages you can claim or how to calculate future needs.
Most personal injury attorneys offer a free initial consultation and work on contingency fees (they collect a percentage only if you recover). Ask about fee structure, costs, and who handles your file.
9. Practical tips for dealing with insurers and evidence
- Keep a chronological folder with medical records, bills, photos, police report, repair estimates, and any written communication.
- Do not post detailed descriptions or pictures of injuries and recovery on public social media; insurers may use those posts against you.
- Get copies of the police crash report and request a copy of any traffic citations issued to the other driver.
- Preserve your vehicle (do not dispose of or permanently repair parts that show damage) until an insurer or repair shop documents condition if possible.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws change and the facts of each case matter. Consult a licensed New Hampshire attorney to discuss your specific situation.
Helpful Hints
- Immediately after the crash: get medical care and call the police.
- Collect evidence at the scene: photos, witness names, and the other driver’s insurance and ID information.
- Report the crash to your insurer but avoid recorded statements about fault without advice.
- Keep all medical and repair records organized and dated.
- Be aware of the likely three-year time limit to file a lawsuit in New Hampshire — act promptly.
- Consider consulting a personal injury attorney if injuries are serious, fault is disputed, or your financial exposure is large.
- Ask an attorney about uninsured/underinsured motorist coverage if the other driver lacks adequate insurance.