Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When an at-fault driver lacks active liability insurance on the date of loss, New Hampshire law still provides several paths to seek compensation:
1. Uninsured Motorist (UM) Coverage
Under RSA 264-B:2, insurers must offer uninsured motorist coverage. If you purchased UM coverage on your own policy, you can file a claim with your insurer for property damage and bodily injury. Review your policy limits, deductibles, and any notice requirements.
2. Lawsuit Against the At-Fault Driver
You may sue the uninsured driver in New Hampshire’s Superior Court or use Small Claims Court (claims up to $10,000) for a streamlined process. A successful judgment establishes the driver’s legal obligation to pay.
3. Post-Judgment Collection
After securing a judgment, pursue collection through:
- Wage garnishment (RSA 511:17)
- Bank account levies (RSA 511:5)
- Liens on real property (RSA 540)
4. Personal Assets and Additional Policies
If the driver has limited assets, consider other potential sources of recovery, such as personal umbrella policies or homeowner’s liability coverage that may cover negligent acts by household members or permissive drivers.
Helpful Hints
- Report the accident promptly to local law enforcement and obtain a copy of the police report.
- Notify your own insurer about an uninsured motorist claim without delay.
- Collect and preserve evidence: photos, witness statements, medical records.
- Keep organized records of medical treatment, repair estimates, and other expenses.
- Consult an attorney early to assess the at-fault driver’s financial condition and determine the best path forward.