Filing an Injury Claim After a Motorcycle Hit-and-Run Accident in New Hampshire

A hit-and-run accident is one of the most enraging experiences a motorcyclist can face. You are left bleeding on the pavement in Salem, Merrimack, or Dover while the responsible driver speeds away into the night. Because motorcycles are easily tipped, sometimes a car doesn't even need to make physical contact to cause a crash; they may cut into your lane, forcing you off the road before fleeing. In New Hampshire, you are not entirely out of luck when the at-fault driver cannot be identified, but dealing with insurance companies regarding a hit-and-run (often called a 'phantom vehicle' claim) is notoriously difficult.

The Burden of Proof for 'Phantom Vehicle' Claims

Your insurance company is legally required to treat a hit-and-run driver as an uninsured motorist. The precedent set by cases such as Soule v. Stuyvesant Ins. Co., 116 N.H. 595 (NH Supreme Court 1976) solidifies that UM coverage applies to injuries caused by unidentified hit-and-run vehicles. However, insurance adjusters are highly skeptical of these claims. They often suspect that the rider simply lost control of the bike due to speeding or loose gravel and invented a "phantom car" to avoid being blamed. To win your case, the burden of proof is entirely on you to present objective evidence that another vehicle existed and caused your crash.

Gathering CCTV or Dashcam Evidence

Because your word alone is rarely enough for the insurance company, independent evidence is crucial. If you have a helmet camera or a motorcycle dashcam, preserve that footage immediately. If not, your attorney will urgently canvas the accident scene to find nearby gas stations, traffic lights, or residential ring cameras that might have caught the fleeing vehicle on tape. Time is critical, as many security systems delete footage automatically after 48 hours.

Working with Local Police Departments

You cannot file a hit-and-run UM claim without an official police investigation. When a crime like a hit-and-run occurs, the Manchester Police Department, Manchester or the local state troopers must be called to the scene immediately. They will document physical evidence, such as paint transfer on your motorcycle, skid marks, or debris from the fleeing car. This physical evidence, documented in the official police report, is the strongest way to prove to your insurance company that the phantom vehicle was real.

Step-by-Step Process for Hit-and-Run Claims in NH

Handling a hit-and-run requires swift and methodical action to secure your right to compensation.

Step 1: Call 911 from the Scene

Never leave the scene of a hit-and-run. Call 911 immediately. Under N.H. Rev. Stat. Ann. § 264:25, any crash involving physical injury must be reported to the authorities. Tell the dispatcher exactly what the fleeing vehicle looked like, the direction it traveled, and any partial license plate numbers you remember.

Step 2: Identify and Secure Witnesses

If anyone stopped to help you, beg them to stay until the police arrive. The testimony of an independent eyewitness who saw the car hit you or force you off the road is often the key to overcoming the insurance company's skepticism. Get their names and phone numbers immediately.

Step 3: File the DMV Crash Report

Just like any other major accident in New Hampshire, you must officially report the crash. Submit Form DSMV 400, New Hampshire, Division of Motor Vehicles, Motor Vehicle Accident Report to the state within 15 days, explicitly noting that it was a hit-and-run.

Step 4: Hire an Attorney to Handle Insurance Delays

Insurance companies love to drag their feet on phantom vehicle claims, hoping the police will magically find the driver so the insurer doesn't have to pay. Browse our US Attorney Directory to find a seasoned New Hampshire motorcycle accident lawyer. They will put aggressive pressure on the adjuster and, if necessary, file a complaint with the New Hampshire Insurance Department, Concord for bad faith delay tactics.

How Much Does it Cost in New Hampshire?

Fighting a hit-and-run claim financially protects you when the responsible party is gone.

• Out-of-Pocket Legal Fees: $0. Injury attorneys handle these claims on a contingency basis, taking around 33.3% only if they force your insurance company to pay your UM claim.
• Private Investigators: Sometimes, attorneys will hire a private investigator to track down the fleeing vehicle using paint transfer or partial plates. This can cost $500 to $1,500, but is usually fronted by the law firm.
• Medical Deductibles: You may need to pay your health insurance deductibles upfront for emergency care, which will later be reimbursed from your UM settlement.

How Long Does the Process Take?

Hit-and-run claims are inherently delayed. The insurance company will typically pause the claim for 30 to 60 days to wait and see if the police apprehend the driver. If the driver is never found, your attorney will shift fully to the Uninsured Motorist claim. Depending on the severity of your injuries and the stubbornness of your insurance adjuster, resolving a phantom vehicle claim generally takes between 9 to 15 months.

Frequently Asked Questions (FAQ)