What to Do If Hit by an Uninsured Driver While Riding a Motorcycle in New Hampshire
Because New Hampshire does not strictly mandate auto insurance, being hit by an uninsured driver is highly common. Under N.H. Rev. Stat. Ann. § 264:15, you can file a claim against your own Uninsured Motorist (UM) coverage to pay for your medical bills and pain and suffering.
New Hampshire lives fiercely by its 'Live Free or Die' motto. It is the only state in the country that does not require private citizens to purchase mandatory auto insurance (unless they have a history of severe driving violations). While this offers freedom, it creates a massive hazard for motorcyclists in Keene, Derry, and Rochester. If a reckless, uninsured driver T-bones your motorcycle, there is no liability insurance company to write you a check. To avoid financial devastation, you must rely on your own insurance policies, aggressive legal action, and strict state reporting protocols.
Utilizing Your Own MedPay and UM Coverage
If you purchased motorcycle insurance in New Hampshire, state law requires that the policy include Uninsured Motorist (UM) coverage equal to your liability limits. This is your primary safety net. When the at-fault driver has no insurance, your own UM policy steps into the shoes of the at-fault driver's missing insurance, compensating you for medical bills, lost wages, and pain and suffering. Additionally, if you carry Medical Payments (MedPay) coverage, it will pay out immediately for your initial hospital bills, regardless of who caused the crash.
Stacking Uninsured Motorist (UM/UIM) Policies
If your motorcycle UM policy limits are too low to cover a catastrophic injury, New Hampshire allows you to look at other policies within your household. If you own another vehicle (like a car or truck) with its own auto insurance policy, or if you live with a family member who has a robust UM policy, you may be able to 'stack' or access those additional policies to cover the overflow of your medical damages. The landmark interpretation of insurance contracts often allows for broad protection of injured household members, making it vital to have an attorney review every insurance policy under your roof.
Suing the At-Fault Driver Personally for Assets
If your own UM coverage is exhausted, you still have the legal right to sue the at-fault uninsured driver personally. A judgment in a local court, such as the Rockingham County Superior Court, Brentwood, allows you to pursue their personal assets. While many uninsured drivers have no money (making them 'judgment proof'), some simply chose not to buy insurance despite owning a home, land, or possessing steady income. A lawyer can attach a lien to their property or garnish their wages to satisfy the judgment.
Step-by-Step Process for Uninsured Motorcycle Crashes in NH
Handling an uninsured crash requires speed. Your own insurance company will require immediate proof that the other driver was uninsured before they will release UM funds.
Step 1: Call the Police to the Scene
You must have an official police report documenting the crash. The responding officer from the Concord Police Department, Concord or local state troopers will verify the identity of the at-fault driver and document their lack of insurance on the official report.
Step 2: Observe Strict Timelines for Reporting to the NH DMV
New Hampshire law imposes strict reporting requirements. If the crash resulted in death, injury, or combined property damage exceeding $1,000, you must file Form DSMV 400, New Hampshire, Division of Motor Vehicles, Motor Vehicle Accident Report with the New Hampshire Division of Motor Vehicles, Concord within 15 days of the accident. Failing to file this form can jeopardize your right to recover damages and result in the suspension of your own driving privileges.
Step 3: Open a UM Claim with Your Insurer
Contact your motorcycle insurance provider to officially open an Uninsured Motorist claim. Be cautious; even though they are your own insurance company, their goal is still to pay you as little as possible. Do not provide a recorded statement admitting any fault without consulting an attorney.
Step 4: Negotiate or Litigate
Your lawyer will present your medical bills and demand maximum compensation under your UM policy limits. If your insurer refuses to pay what you deserve, your attorney will file a breach of contract and personal injury lawsuit against your own insurance company to force a fair payout.
How Much Does it Cost in New Hampshire?
Pursuing an uninsured driver claim is structured to protect injured riders.
| Action / Service | Typical Cost in NH |
|---|---|
| Filing Form DSMV 400 | Free of charge |
| Attorney Consultation | Generally Free |
| Attorney Fees (Contingency) | Typically 33.3% of the final settlement |
| Superior Court Filing Fee | Approximately $325 if litigation is required |
How Long Does the Process Take?
Uninsured Motorist claims are often resolved faster than third-party lawsuits because you are dealing with your own insurance company. Once you reach maximum medical improvement, a UM claim can frequently be negotiated and settled within 6 to 9 months. However, if the insurance company disputes the severity of your injuries or argues that you were partially at fault for the crash, resolving the dispute through arbitration or a court trial can take 1 to 2 years.
Frequently Asked Questions (FAQ)
Will using my UM coverage increase my insurance rates?
Generally, New Hampshire law prohibits insurance companies from penalizing you or raising your rates for an accident that was entirely the fault of another driver, even if you utilize your own Uninsured Motorist coverage.
What if the uninsured driver begs me not to call the police?
Never agree to this. If you do not have a police report documenting the crash and identifying the uninsured driver, your insurance company will likely deny your Uninsured Motorist claim due to lack of official evidence.
Does UM coverage pay for the damage to my motorcycle?
No. Uninsured Motorist (UM) coverage in New Hampshire generally only covers bodily injury. To repair your motorcycle, you must have Collision coverage on your policy, which will pay for repairs regardless of fault.
Can the state punish the uninsured driver?
Yes. If an uninsured driver causes a crash, the NH DMV can suspend their driver's license and registration until they file proof of financial responsibility (SR-22 insurance) and set up a payment plan to reimburse you or your insurance company.
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