What Happens in a New Hampshire Car Accident When Both Drivers Are Found 50/50 at Fault?
FAQ by Attorney Joseph Kelly Levasseur, Manchester, NH 603-622-7575
Car accidents in New Hampshire are often not black-and-white. When fault is split evenly — commonly called a 50/50 determination — many drivers wonder what that really means for their ability to recover damages, how insurance companies handle the claim, and whether it will affect their driving record or future premiums.
As a New Hampshire personal injury and car accident attorney serving clients throughout the state from my office in Manchester, I frequently help people navigate these situations. Here's a clear breakdown of what happens under New Hampshire law when both parties in an accident scene are found to be equally at fault.
1. How Does New Hampshire Handle Shared Fault in Car Accidents?
New Hampshire follows a modified comparative negligence rule under RSA 507:7-d.
This means you can still recover compensation as long as your percentage of fault is 50% or less. If you are found 51% or more at fault, you are completely barred from recovering damages from the other party.
This means you can still recover compensation as long as your percentage of fault is 50% or less. If you are found 51% or more at fault, you are completely barred from recovering damages from the other party.
In a true 50/50 fault scenario:
- You can recover damages.
- Your recovery is reduced by your own percentage of fault (so you recover only 50% of your total damages).
- The other driver is in the exact same position.
If your total damages (medical bills, car repairs, lost wages, pain and suffering, etc.) are $20,000 and fault is determined to be 50/50, you would be entitled to recover $10,000 from the other driver (or their insurance company). You would be responsible for the remaining $10,000 yourself (or through your own collision coverage, if you have it).
2. What Happens with Insurance Claims in a 50/50 Fault Accident?
New Hampshire is an at-fault (tort) state, not a no-fault state. Insurance companies investigate accidents and assign fault percentages based on police reports, photos, witness statements, and other evidence.
In a 50/50 determination:
- Each driver's own insurance company typically pays for their own vehicle damage (under collision coverage, subject to your deductible) and their own medical expenses (under medical payments coverage).
- Liability insurance usually does not pay the other side for the shared portion of damages, or the payments may offset each other.
- Neither driver generally receives a full payout from the other's insurance. Net recovery is often minimal or zero after the split.
- The accident is usually listed as “at-fault” or “chargeable” on both drivers' insurance records, which can lead to higher premiums at renewal for both parties.
3. Will a 50/50 Fault Finding Affect My Driving Record or DMV Points?
- A 50/50 split by insurance companies does not automatically add points to your license unless one driver receives a specific traffic citation (e.g., failure to yield, speeding, etc.).
- If the property damage exceeds $1,000, the accident must be reported to the New Hampshire DMV (usually handled by police if they respond).
- Serious accidents may still appear on your driving record even without points.
Yes. Insurance companies often assign 50/50 in unclear cases to limit payouts. You can:
- Submit additional evidence (dashcam footage, witness statements, accident reconstruction, etc.) to challenge the determination.
- Negotiate with the insurance adjuster.
- File a lawsuit and let a judge or jury decide the exact fault percentages.
5. Key Takeaway for New Hampshire Drivers.
In a true 50-50 fault car accident in New Hampshire, neither party fully recovers from the other. Each driver generally bears responsibility for half of their own losses. You are not completely barred from recovery (as you would be at 51%+ fault), but you will not receive a full payout either. This rule protects drivers who share some responsibility while still allowing fair compensation when fault is equal or less.
Important Disclaimer
Every accident is unique. Fault determinations are highly fact-specific and depend on the evidence, police report, and circumstances. The information above is for educational purposes only and is not a substitute for personalized legal advice. If you've been involved in a car accident in New Hampshire — especially one where fault is disputed or split 50/50 — contact me today for a free consultation. I can review the police report, speak with insurance companies on your behalf, and help you pursue the compensation you deserve.
Call Attorney Joseph Kelly Levasseur at (603) 622-7575
Manchester, New Hampshire | Serving clients statewide
Manchester, New Hampshire | Serving clients statewide
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