New Hampshire · Comparative Negligence

New Hampshire Comparative Negligence Rule

New Hampshire follows a modified 51% bar rule under N.H. Rev. Stat. § 507:7-d. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: New Hampshire

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for New Hampshire

Modified comparative fault with a 51% bar; the plaintiff is barred only when fault is "greater than" the combined fault of defendants. A 50/50 split still allows half recovery.

Related: New Hampshire statute of limitations

New Hampshire gives you 3 years to file a personal injury lawsuit under N.H. Rev. Stat. § 508:4.

See the full New Hampshire statute of limitations →

Related: New Hampshire car accident settlements

The modified 51% bar rule is one of the biggest factors in what a New Hampshire car accident claim pays. Our New Hampshire guide covers settlement ranges by injury type and city, with the fault rule and filing deadline applied.

New Hampshire car accident settlement calculator →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed New Hampshire attorney before relying on it.

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New Hampshire Comparative Negligence FAQ

What comparative negligence rule does New Hampshire follow?

New Hampshire follows a modified 51% bar rule under N.H. Rev. Stat. § 507:7-d. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in New Hampshire?

Yes, up to a point. In New Hampshire you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in New Hampshire?

Insurance adjusters argue percentage of fault to reduce what they pay. Because New Hampshire bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in New Hampshire?

New Hampshire gives you 3 years to file a personal injury lawsuit under N.H. Rev. Stat. § 508:4.

Where can I read the actual rule?

The controlling authority is N.H. Rev. Stat. § 507:7-d. The full text is linked in the Key Facts section above.

See comparative negligence rules for all 51 covered states