Last verified: January 2026. This page reflects current New Hampshire RSA Chapter 264 governing accidents and financial responsibility.
📑 Table of Contents (click to expand)
Quick Summary: New Hampshire Hit and Run Laws
Under RSA 264:25, New Hampshire drivers who leave the scene of an accident face criminal penalties that vary based on the severity of harm caused:
- Property damage only: Misdemeanor, punishable by up to 1 year in jail and $2,000 fine
- Death or serious injury: Class B felony, punishable by up to 7 years in prison and $2,000 fine
- Report requirement: Written report required within 15 days if injury, death, or property damage exceeds $1,000
- License points: 6 demerit points for hit and run violations
- Insurance: New Hampshire does not require auto insurance, but you must prove financial responsibility
- Fault state: New Hampshire follows a comparative fault rule
References:
Your Legal Obligations at the Scene of an Accident
RSA 264:25 requires that if you know or should have known of your involvement in an accident resulting in death, injury, or property damage, you must immediately stop and:
- Provide your information: Give your name, address, and vehicle registration number to the other driver or property owner
- Exchange insurance information: Share your policy details with the other party
- Notify police: If the other party cannot receive information or no officer is present, report the accident to the nearest police station
- Call police for significant accidents: Any accident resulting in injury, death, or property damage over $1,000 requires police notification
Important: Under the statute, voluntary intoxication is NOT a defense to hit and run charges in New Hampshire. You cannot claim you were too impaired to know you were involved in an accident.
Key Points About New Hampshire Insurance
Unlike most states, New Hampshire does not mandate auto insurance. However:
- You must prove you have the financial resources to cover accident costs
- If uninsured, you pay medical bills and repairs out of pocket
- Driving without proof of financial responsibility adds 4 demerit points to your license
- Victims may take civil action to recover damages
Misdemeanor Hit and Run in New Hampshire
Leaving the scene of an accident that results only in property damage is a misdemeanor. The classification depends on the circumstances:
- Class A misdemeanor: Up to 1 year in jail and maximum fine of $2,000
- Class B misdemeanor: Fine up to $1,200 with no jail time
Hitting an Unattended Vehicle
If you strike an unattended vehicle or property and cannot locate the owner, you must:
- Make a reasonable effort to find the property owner
- If unsuccessful, attach a written note to a conspicuous part of the vehicle containing your name, address, and vehicle registration
- Report the accident to law enforcement
Failing to take these steps is a misdemeanor.
Reportable Accidents in New Hampshire
You must file a written report with the Division of Motor Vehicles within 15 days if the accident results in:
- Death or injury to any person
- Property damage exceeding $1,000
The operator’s report form (DSMV 400) must be submitted if police did not investigate the scene.
Note from the statute: Reports filed under RSA 264:25 cannot be used as evidence against you in a criminal trial arising from the reported accident.
False Reporting
Filing a false accident report under RSA 264:28 is a misdemeanor. However, if the accident results in death or injury and you fail to report within 15 days, the charge escalates to a Class B felony.
Felony Hit and Run in New Hampshire
Leaving the scene of an accident that results in death or serious injury is a Class B felony in New Hampshire. The same classification applies to:
- Failing to report an accident involving death or injury within the 15-day deadline
- Filing a false report about an accident involving death or injury
A single incident can result in multiple felony charges based on these different statutory violations.
Vehicular Homicide
Under RSA 630:3, you are guilty of vehicular homicide if you:
- Cause another person’s death through negligent driving, OR
- Cause another person’s death while under the influence of alcohol or controlled substances
Negligent homicide (no intoxication) is a Class B felony. DUI resulting in death is a Class A felony, the most serious felony classification in New Hampshire.
Upon conviction for vehicular homicide:
- Your driver’s license will be revoked for up to 7 years
- You will be ineligible to petition for a new license during this period
- If alcohol was involved, you must install an ignition interlock device for up to 5 years after license reinstatement
New Hampshire Hit and Run Penalties Summary
- Property damage hit and run: Class A misdemeanor (up to 1 year jail, $2,000 fine) or Class B misdemeanor (up to $1,200 fine)
- Hit and run with death or serious injury: Class B felony, up to 7 years prison, $2,000 fine
- Failure to report (death/injury): Class B felony
- False reporting (death/injury): Class B felony
- Negligent homicide: Class B felony, up to 7 years prison
- DUI homicide: Class A felony, up to 15 years prison
- License suspension: Mandatory upon conviction, with revocation periods up to 7 years for homicide
New Hampshire Crash Statistics
Traffic fatalities remain a concern in New Hampshire despite its smaller population:
- 2024 fatalities: 134 total deaths in 120 fatal crashes
- 2023 comparison: 127 deaths in 119 crashes
- 2024 crash rate: 6% increase over 2023
- Motorcycle deaths: Decreased from 23 in 2023 to 19 in 2024
- Year-to-date trend: As of August 2024, 86 crash deaths were recorded compared to 77 at the same point in 2023
The New Hampshire Office of Highway Safety monitors these statistics and implements safety initiatives to reduce traffic fatalities statewide.
Notable New Hampshire Hit and Run Cases
State v. Richardson (2024)
In July 2024, a 71-year-old bicyclist was killed in a hit and run in Manchester. Police released photos of the suspect vehicle and identified it as a tan or beige colored car. Stanley Richardson, 59, of Candia, turned himself in after police located his vehicle and identified him as the driver. The case highlighted law enforcement’s ability to identify fleeing drivers through witness accounts and surveillance footage.
Civil Liability and How Fault is Determined
New Hampshire is an “at fault” state, meaning the party responsible for causing the accident is liable for damages. The state follows a comparative fault rule that allows victims to recover compensation only if their percentage of responsibility is not greater than the other party’s.
Statute of Limitations:
- Personal injury and property damage claims: 3 years from the date of accident
Recovery Options for Hit and Run Victims
If you are a victim of a hit and run:
- Gather evidence immediately: Document the fleeing vehicle’s make, color, license plate, and driver description
- Collect witness information: Get contact details from anyone who saw the accident
- Contact police: Report the accident immediately and note the direction the vehicle traveled
- File an insurance claim: If you have Personal Injury Protection (PIP) coverage, file a claim with your insurer
- Consider civil action: If the driver is identified, you may sue for damages
Advice for Drivers
Never admit fault at the scene or say anything that could be interpreted as an admission of guilt (such as “I’m sorry” or “It was my fault”). Provide a truthful account of events and let your attorney speak on your behalf if the accident involves serious injury or death.
Possible Defenses to Hit and Run Charges
The facts of each case determine potential defenses. Common arguments include:
- Safety concerns: Remaining at the scene would have put you in danger
- Lack of knowledge: You were unaware you were involved in an accident
- Mistaken identity: You were not the driver of the vehicle in question
- Victim refused information: The other party refused to accept your contact details or claimed no injuries occurred
Important: Victims should never comment on their physical condition at the scene without consulting a medical professional. Some injuries may take days or weeks to become apparent.
Frequently Asked Questions
How long do I have to report an accident in New Hampshire?
You have 15 days to file a written report with the Division of Motor Vehicles if the accident resulted in injury, death, or property damage over $1,000. However, you should notify police at the scene whenever possible.
Do I need insurance to drive in New Hampshire?
New Hampshire is one of the few states that does not mandate auto insurance. However, you must demonstrate financial responsibility to cover accident costs. If you cause an accident without insurance, you will pay out of pocket for all damages.
Can I be charged with both hit and run and vehicular homicide?
Yes. A single set of facts can lead to multiple charges, including leaving the scene, failure to report, and vehicular homicide depending on the circumstances.
How many demerit points does a hit and run add?
A hit and run violation adds 6 demerit points to your driving record. Driving without proof of financial responsibility adds 4 points.
Can my accident report be used against me in court?
Under RSA 264:25, reports filed as required by the statute cannot be used as evidence against you in a criminal trial arising from the reported accident.