Hurt in an Uber or Lyft crash in New Hampshire? The rideshare company's insurance may apply depending on whether the driver was logged off, waiting for a ride, or on a trip.
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New Hampshire RSA § 508:4 provides a three-year statute of limitations for personal injury claims, but the evidence timeline in rideshare cases is far more compressed. Uber and Lyft retain GPS trip data, driver status logs, and in-app communications for litigation hold purposes only when formally notified by counsel. Without a preservation demand, this data is subject to routine purge within 30 to 90 days. The driver's period status at the moment of the crash — Period 1, 2, or 3 — determines which insurance tier applies and which insurer bears primary responsibility. That determination is made from trip data that disappears without a hold letter.
New Hampshire adopted rideshare insurance framework under RSA 376-A, which regulates Transportation Network Companies and establishes mandatory coverage floors. During Period 1 — when the driver's app is on but no ride has been accepted — the TNC must maintain at least $50,000 per person/$100,000 per accident bodily injury and $25,000 property damage coverage. During Periods 2 and 3 — from ride acceptance through passenger drop-off — New Hampshire's statute requires $300,000 combined single limit liability coverage. This is notably lower than the $1,000,000 CSL that most states require for Periods 2 and 3, meaning the maximum available from the TNC's policy in New Hampshire is $300,000 unless the driver carries excess coverage or the TNC opts for higher limits. Source: NH Legislature, https://www.gencourt.state.nh.us/rsa/html/XXXIV/376-A/376-A-mrg.htm
When a government-owned vehicle, a poorly maintained state highway, or a municipal crosswalk contributed to the rideshare crash, New Hampshire RSA 507-B:7 requires a written notice of claim to be filed with the governmental entity within 60 days of the incident. Courts recognize a "substantial prejudice" safety valve to this deadline, but it is discretionary and rarely granted. Because TNC crashes often occur at intersections, in construction zones, or involve government vehicles, this 60-day notice clock may run simultaneously with the private TNC claim. Missing it permanently bars the government claim even if the three-year civil SOL has not expired.
New Hampshire RSA § 507:7-d applies modified comparative fault: your negligence does not bar recovery if it was not greater than the combined fault of the defendants, and your damages are reduced by your share. At exactly 50% you still recover half; above 50% you are barred. In rideshare cases this gets complex when the driver, the TNC platform, a third-party vehicle, and possibly a government entity each share fault. TNC insurers may hire accident reconstructionists to push the injured person's share above 50%. An attorney who retains independent reconstruction experts early can help hold the fault finding to what the evidence supports.
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The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Under New Hampshire RSA 376-A, during Period 2 (ride accepted, en route to pickup) and Period 3 (passenger in vehicle), the TNC must provide at least $300,000 combined single limit liability coverage. This is lower than the $1,000,000 CSL required in most other states. During Period 1 (app on, no active ride), coverage floors are $50,000 per person/$100,000 per accident bodily injury, plus $25,000 property damage. If your damages exceed these amounts, the driver's personal umbrella policy or the TNC's excess layers may provide additional recovery. Source: NH Legislature, https://www.gencourt.state.nh.us/rsa/html/XXXIV/376-A/376-A-mrg.htm
New Hampshire's RSA 264 does not require private vehicle owners to carry auto insurance, but TNC operators are separately required to comply with the rideshare insurance mandates of RSA 376-A regardless of the state's general insurance opt-out framework. The TNC company itself — Uber or Lyft — is required to maintain coverage during all active periods. The gap risk arises during Period 1, when the driver's personal insurance (if they have none) provides no coverage and the TNC floor is limited to $50,000/$100,000/$25,000. Source: NH Legislature, https://www.gencourt.state.nh.us/rsa/html/XXXIV/376-A/376-A-mrg.htm
RSA § 508:4 provides a three-year statute of limitations for personal injury claims. If a government entity shares fault — through a road defect, traffic signal failure, or government vehicle involved in the crash — you must also file a separate written notice of claim within 60 days under RSA 507-B:7. Missing the 60-day notice forfeits the government claim permanently. Additionally, Uber and Lyft's trip data and driver status logs should be preserved through a litigation hold demand sent within days of the crash to prevent routine destruction of the most critical evidence.
Direct liability claims against Uber and Lyft as platforms are complicated by federal law (47 U.S.C. § 230, the Communications Decency Act), which TNCs use to argue immunity for driver conduct. However, New Hampshire courts may consider claims based on the TNC's direct negligence: negligent driver screening, failure to deactivate a driver with a dangerous record, or platform design decisions that contributed to the crash. The TNC insurance obligation under RSA 376-A is not a liability bar — it is a minimum coverage floor. An attorney must pursue both the platform liability theory and the insurance claim simultaneously to maximize recovery.
Period 1 coverage in New Hampshire — when the driver's app is active but no ride is accepted — is the weakest tier: $50,000 per person bodily injury, $100,000 per accident, and $25,000 property damage under RSA 376-A. If the driver carries no personal auto insurance (legal in New Hampshire under RSA 264), Period 1 coverage is provided solely by the TNC at these floors. If the driver is completely offline — app closed — the TNC carries no coverage obligation and only the driver's personal insurance (if any exists) applies. Determining which period the driver was in at the exact moment of impact requires immediate access to Uber or Lyft's timestamped dispatch records, which are preserved only upon formal legal notice.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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