Car Accident Statute of Limitations in New Hampshire

Last verified 2026-07 · Source: N.H. Rev. Stat. Ann. § 508:4, I ✓ verified · 3 sources

The deadline

3 years

from the date of the act or omission complained of (the accident), under N.H. Rev. Stat. Ann. § 508:4, I.

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New Hampshire law sets a hard deadline of 3 years to file a car accident lawsuit. The controlling statute is N.H. Rev. Stat. Ann. § 508:4, I, and the clock generally starts on the date of the act or omission complained of (the accident). Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.

New Hampshire Deadlines for Related Claims

When the Clock Starts

In New Hampshire, the limitations period for car accident lawsuits generally begins on the date of the act or omission complained of (the accident). New Hampshire recognizes a discovery rule for this claim type: RSA 508:4, I codifies the discovery rule: when the injury and its causal relationship to the act were not and could not reasonably have been discovered, the 3 years run from when the plaintiff discovers or reasonably should have discovered them.

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Exceptions That Can Extend the Deadline

Ordinary private car-accident suits have no damages cap, but government-defendant recoveries are capped — $325,000 per person and $1,000,000 per incident against municipalities (RSA 507-B:4) and $475,000 per claimant / $3,750,000 per incident against the State (RSA 541-B:14).

Source: N.H. Rev. Stat. Ann. § 508:4, I, official New Hampshire statute · verified 2026-07

What to Do Before the Deadline Runs

  1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
  2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
  3. Send preservation/notice letters where required (especially for New Hampshire government defendants).
  4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How New Hampshire Compares to Nearby States

StateDeadlineStatute
New Hampshire3 yearsN.H. Rev. Stat. Ann. § 508:4, I
Maine 6 yrs 14 M.R.S. § 752
Massachusetts 3 yrs Mass. Gen. Laws ch. 260, § 2A
Vermont 3 yrs Vt. Stat. Ann. tit. 12, § 512

Frequently Asked Questions

How long do I have to file a car accident lawsuit in New Hampshire?

You have 3 years from the date of the act or omission complained of (the accident), under N.H. Rev. Stat. Ann. § 508:4, I.

Can I still sue after 3 years in New Hampshire?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

Does the discovery rule apply to car accident lawsuits in New Hampshire?

Yes. RSA 508:4, I codifies the discovery rule: when the injury and its causal relationship to the act were not and could not reasonably have been discovered, the 3 years run from when the plaintiff discovers or reasonably should have discovered them.

What if the victim was a minor?

New Hampshire generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Is the deadline different for claims against the government?

A tort action against the State must be brought within 3 years, with written notice of the date, time and location of the injury given to the agency within 180 days (RSA 541-B:14, IV).

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Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed New Hampshire attorney.