Car Accident Small Claims Court in New Hampshire

When to Use Small Claims Court for a Car Accident

Most car accident disputes get resolved through insurance. But small claims court becomes the practical option when insurance does not cover the gap: the other driver was uninsured, their insurer denied the claim, you only had liability coverage and the accident was the other driver's fault, or the insurance payout fell short of actual repair costs.

New Hampshire small claims court handles money claims up to $10,000. That typically covers fender benders, parking lot damage, and moderate collisions where the vehicle was repairable. If your damages exceed $10,000, you can still file in small claims — but you waive everything above the $10,000 limit permanently. For major accidents with totaled vehicles or injuries, consult an attorney about Superior Court instead.

The statute of limitations for property damage under RSA 508:4 is three years from the date of the accident.

What You Need to Prove

Car accident small claims cases come down to two elements: fault and damages.

Fault: you need to show the other driver caused the accident through negligence. The strongest evidence is a police accident report. Under RSA 264:25, a driver involved in a crash must report it to the Division within 15 days if anyone is injured or killed or property damage exceeds $1,000, unless police investigate the crash, in which case the officer's report satisfies the requirement. If police responded, request a copy of the report — it usually includes the officer's description of what happened and any citations issued.

Other useful fault evidence:

• Photographs of the accident scene, vehicle positions, damage to both cars, skid marks, and road conditions
• Dashcam footage if either vehicle had one
• Witness contact information and written statements
• The other driver's insurance claim denial letter (if they admitted fault to their insurer but coverage was denied for policy reasons, that admission still matters)

Damages: document the actual cost of repair or, if the vehicle was totaled, the fair market value before the accident minus salvage value. Bring:

• At least two written repair estimates from licensed body shops
• Actual repair invoices if work was already completed
• Rental car receipts for the period your vehicle was unusable
• Towing and storage bills

Filing the Case

Send a demand letter to the other driver by certified mail with return receipt, itemizing your damages and giving 10 to 14 days to pay. Then file through TurboCourt. The fee is $125 for claims up to $5,000 or $180 for claims from $5,001 to $10,000.

File in the District Division court that has jurisdiction over the municipality where you or the defendant lives. Name the driver personally — even if you believe their insurance should pay, the small claims case is against the individual, not the insurance company.

At the Hearing

Present your evidence in order: what happened (police report, photos, witness statements), who was at fault, and what it cost you. The judge expects specific numbers backed by documents, not estimates from memory.

If the other driver argues shared fault, New Hampshire follows a modified comparative negligence rule — if you were partly at fault, your damages are reduced by your percentage of responsibility. If you were more than 50% at fault, you recover nothing. A clean police report showing the other driver was cited helps you considerably here.

Get the Complete Filing Toolkit

Our New Hampshire Small Claims Filing Guide includes demand letter templates, an evidence inventory worksheet, and a post-judgment collection timeline for when the other driver does not pay voluntarily.

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