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New Hampshire Hit and Run Laws: Penalties and What to Do

By Recording Law Editorial TeamReviewed September 24, 20269 min read
New Hampshire Hit and Run Laws: Penalties and What to Do

Under RSA 264:29, New Hampshire classifies leaving the scene of an accident as either a misdemeanor or a Class B felony depending on harm caused. Property damage only triggers a misdemeanor with up to one year in jail; death or any personal injury triggers a Class B felony with up to seven years in prison.

Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free New Hampshire Car Accident Settlement Calculator.

Last verified: January 2026. This page reflects current New Hampshire RSA Chapter 264 governing accidents and financial responsibility.

Quick Summary: New Hampshire Hit and Run Laws

Under RSA 264:29, New Hampshire drivers who leave the scene of an accident face criminal penalties that vary based on the severity of harm caused:

New Hampshire medical first aid kit open on a flat surface

  • Property damage only: Misdemeanor, punishable by up to 1 year in jail and $2,000 fine
  • Death or personal injury: Class B felony, punishable by up to 7 years in prison and a fine of up to $4,000
  • 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:

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:

New Hampshire tow truck hook and chain attached to a vehicle frame

  • 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 when needed: If the injured person, other driver, or property owner is unable to receive your information, give it to a uniformed police officer at the scene or immediately to an officer at the nearest police station
  • File a written report for significant accidents: Any accident resulting in injury, death, or property damage over $1,000 requires a written report to the Division of Motor Vehicles within 15 days, unless a police officer investigated the accident, in which case the officer's report satisfies the requirement

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

Under RSA 264:29, leaving the scene of an accident that results only in property damage is a misdemeanor for an individual. If the violation (or a failure to file the required report) is committed by a person that is not a natural person, such as a corporation, it is a felony instead. For individuals, 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

Knowingly giving false information about an accident to a law enforcement officer or the Division is a misdemeanor under RSA 264:28, except as provided in RSA 264:29. Under RSA 264:29, giving the information the statute requires while knowing or having reason to believe it is false is a Class B felony, whether or not anyone was hurt. Failing to file the required 15-day report is a separate offense under RSA 264:29.

Felony Hit and Run in New Hampshire

Under RSA 264:29, leaving the scene of an accident that results in death or personal injury is a Class B felony in New Hampshire. The statute does not require the injury to be serious. The same classification applies to:

  • Failing to report an accident involving death or injury within the 15-day deadline
  • Knowingly giving false required information about an accident, whether or not anyone was injured

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 personal injury: Class B felony, up to 7 years prison, fine up to $4,000
  • Failure to report (death/injury): Class B felony
  • Knowingly giving false required information: Class B felony, no injury required
  • Property damage or reporting violation by a non-natural person (such as a corporation): 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. If a driver who fled injured you, ask a New Hampshire car accident lawyer for a free claim review of the fault case or your UM/UIM claim (attorney advertising).

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.

More New Hampshire Laws

Updates

Corrected the felony threshold for leaving the scene (any personal injury, not only serious injury), the felony fine cap ($4,000), the accident-reporting and false-reporting rules, and added the felony rule for non-individual violators under RSA 264:29.

Re-attributed the misdemeanor/Class B felony penalty scheme to RSA 264:29 (Penalty), the section that actually classifies and punishes the offense. The previously cited RSA 264:25 only creates the duty to stop, exchange information, and file a report; it contains no penalty or classification language.

Governing law re-checked for recent changes

Sources and References

  1. N.H. RSA 264:25: conduct of driver after accident; duty to stop (official text via Internet Archive)(web.archive.org)
  2. N.H. RSA 264:29: Penalty for conduct after accident (misdemeanor / Class B felony classification)(gc.nh.gov).gov
  3. N.H. RSA 651:2: sentences and limitations (felony fine cap $4,000; Class B felony up to 7 years)(gc.nh.gov)
  4. N.H. RSA 264:28: false reporting of accidents(gc.nh.gov)
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