Detailed Answer: Next steps after you receive the crash report in New Hampshire
Receiving the official crash report is an important milestone. It gives you an official description of what happened, officer observations, involved parties, insurance information, and often witness names. The report helps you build a personal injury claim, but it is only one piece of the puzzle. Below are practical, step-by-step actions to move your claim forward under New Hampshire law.
1. Continue and document medical care
Prioritize your health. Visit a primary care doctor or emergency department if you have not already. Follow recommended treatment, keep all medical appointments, and obtain records and bills. Medical records and bills are the most persuasive evidence of injury and injury-related expenses.
2. Carefully review the crash report
Check the crash report for accuracy: names, contact and insurance information, vehicle descriptions, diagram, officer’s narrative, and listed witnesses. If you find errors, make a clear written note of them and preserve any evidence (photos, video) that supports corrected facts.
3. Preserve and add evidence
- Photograph vehicle damage, visible injuries, road conditions, traffic signs or signals, skid marks, and the scene from multiple angles.
- Collect witness names and contact details listed on the report. Ask witnesses for written statements or short recorded recollections if they’re willing.
- Save all repair estimates, receipts, pay stubs for lost wages, medical invoices, and correspondence with insurers.
- Use a journal or notes app to record how injuries affect daily life (pain, missed work, lost activities).
4. Notify your insurance and the other driver’s insurance
Report the crash to your insurer if you haven’t already. Provide the crash report and factual information. When dealing with the other driver’s insurer, protect your statements: avoid giving a recorded statement or signing broad medical releases until you understand the consequences. Answer basic factual questions but be cautious about admitting fault or minimizing injuries.
5. Evaluate liability and damages
Use the crash report plus your evidence to establish liability (who caused the crash) and damages (medical costs, lost wages, property damage, pain and suffering). Economic damages are bills and measurable losses. Non-economic damages cover pain, emotional distress, and reduced quality of life. Keep organized totals and copies of every bill or receipt.
6. Prepare and send a demand package
Before filing a lawsuit, many claims are resolved through a demand and negotiation. A strong demand package typically includes:
- A concise fact summary and copy of the crash report.
- Documentation of liability tied to crash-report facts and other evidence (photos, witness statements).
- Medical records and itemized bills, wage loss documentation.
- A damages total and a reasonable settlement demand with a deadline for response.
Send the demand to the at-fault driver’s liability insurer. Keep proof of delivery and a log of all insurer communications.
7. Negotiate, document offers, and respond strategically
Insurers often start with low offers. Evaluate offers against your documented damages. If settlement talks stall, respond in writing and restate your evidence and damages. Do not sign a full release until you receive funds and the release’s language is acceptable. If Medicare, Medicaid, or a private insurer paid treatment, those entities may have subrogation or lien rights—confirm the payoff amount before agreeing to a settlement.
8. Know when to retain counsel
Consider hiring an attorney if:
- Your injuries are significant, permanent, or require ongoing care.
- Liability is contested or multiple parties are involved.
- Insurance coverage appears insufficient to cover damages.
- The insurer pressures you to accept a low offer or asks for broad releases/medical authorizations.
- You face deadlines or complicated lien/subrogation claims.
An attorney can handle negotiations, calculate non-economic damages, preserve evidence, and file suit if needed.
9. Litigation: filing a lawsuit if negotiation fails
If you cannot settle, the next step is filing a civil complaint in the appropriate New Hampshire court. Filing starts the lawsuit process and puts time limits and discovery obligations into motion. Courts have procedural rules and deadlines; missing them can forfeit your rights.
Important: personal injury claims are subject to a statute of limitations. File suit before the statutory deadline or you risk losing the right to recover. Because deadlines differ by claim and circumstance, act promptly and confirm the applicable deadline for your case.
10. Prepare for post-settlement obligations
If you settle, make sure settlement documents address outstanding liens, subrogation, and allocation of settlement proceeds to ensure you receive the intended net recovery. Obtain a signed, final release and ensure payment clears before providing signed documents that terminate your claim.
Helpful Hints
- Keep a single folder (digital and physical) with all crash-related documents: crash report, photos, medical records, repair estimates, bills, letters, and names of contacts.
- Avoid social media posts about the crash or recovery—insurers can use those posts to challenge your injury claims.
- Do not sign broad medical releases for the other side. Limited releases tied to the claim are safer.
- If asked to give a recorded statement to the other driver’s insurer, ask whether you need to do so and consider consulting an attorney first.
- Request the crash report early if the officer gave you a report number. In New Hampshire, the report helps show how state or local officers recorded the event.
- Ask your treating providers for clear, narrative medical records linking your injuries to the crash—these notes carry weight in negotiations.
- Document non-economic losses (sleep issues, inability to do hobbies, caregiving expenses) with dated notes to support a damage claim.
- Confirm whether any government benefits (e.g., Medicare) require notice of settlement to protect your future benefits or reduce liens.
Where to check New Hampshire law and court rules
For general statutory text and to confirm deadlines, consult the New Hampshire Revised Statutes and court rules online. The state’s law site lists statutes that may apply to personal injury procedure and deadlines: https://www.gencourt.state.nh.us/rsa/html. For information about driving reports or records, check the New Hampshire Department of Safety/DMV pages: https://www.nh.gov/safety/.
Final practical checklist
- Continue medical care and get records.
- Confirm details on the crash report and preserve evidence.
- Notify insurers and keep detailed communication records.
- Create a demand package with damages and proof.
- Negotiate, and involve an attorney when damages or liability are contested.
- If no fair settlement, file suit before procedural deadlines.
Disclaimer: This article provides general information about moving a personal injury claim forward in New Hampshire. It is not legal advice and does not create an attorney-client relationship. Laws and rules change and every case is different. For advice specific to your situation, consult a qualified New Hampshire attorney.