Hit by a driver with no car insurance?

You left for work at your regular time, thinking about the day ahead. It never occurred to you that you’d never make it there. You got rear-ended by a tailgater when traffic suddenly halted. With a totaled car and you in the hospital, the State Police informed you that the offending party did not carry automobile insurance.

New Hampshire Automobile Insurance Law

New Hampshire is one of the few states that do not require car owners to carry insurance. Owners must, however, satisfy New Hampshire’s Financial Responsibility requirements if they elect not to carry insurance. When they register their vehicle with the DMV, they must file an “Owner’s Certificate,” using the SR22 form provided. This then becomes proof that if they are at fault in an accident, they are financially capable of meeting the state’s minimum insurance limits.

What is the Value of Uninsured Motorist Coverage?

In the above scenario, if the wrong-doer does not meet New Hampshire’s financial requirements, he will face possible suspension of his license. According the New Hampshire’s DMV, “If the combined damages are over $1,000.00 or there is personal injury and the uninsured motorist is at fault, N.H. can suspend the uninsured motorist’s driver license and registration privileges.”

Fortunately, you do have automobile insurance and, because New Hampshire requires it, you automatically have Uninsured Motorist coverage. This covers accident-related expenses if hit by an uninsured driver, or a hit-and-run.
It’s important to know that there are two types of uninsured coverage – bodily injury (UMBI) and property damage (UMPD).

The first covers your medical bills, lost wages, and pain and suffering – a life saver if you don’t have health insurance.

The second covers charges for towing, storage and car repair. If the car is totaled, the insurance pays the retail value of your car at the time of the accident. UMPD also provides for a rental car, and covers any property destroyed in the accident (computer, eyeglasses, etc.).

What if My Uninsured Motorist Coverage is Insufficient?

Unfortunately, with the high cost of health care, your policy may not come close to providing you with funds required to pay your medical bills and future treatment needs. You’ll receive bills for the ambulance, the ER, the ER doctor, radiology, your hospital stay, the attending physician, and possibly for consulting doctors and additional radiology tests. If you required surgery, you’ll get bills from the surgeon, the anesthesiologist, lab work, rehabilitation, outpatient physical therapy and prescription medication.

The above state of affairs develops very quickly and very frequently. Without health insurance and perhaps without the ability to go back to work anytime soon, you could find yourself in a mountain of debt.

If this happens to you, consult with a personal injury attorney who is well-versed in New Hampshire laws. He will go after the offending driver and will conduct an assets investigation. This investigation will yield information on the driver’s financial situation, including cash, bank accounts, and property. He will do everything in his power to put you back on your feet again.

NH Personal Injury Basics – Part 1: Defining Personal Injury, Claims and Settlements

Definition of Personal Injury

If you break your arm because you’ve been hit by another vehicle, or are bitten by a dog at someone’s house, you have sustained two types of personal injury.

What legally differentiates a personal injury from other physical injuries, such as carelessly cutting your own finger?  In legal terms, a so-called personal injury results from someone else’s negligence – someone not acting in a responsible manner.

You’ve suffered a personal injury — next steps?

New Hampshire law states that in the event of a personal injury, you may be entitled to compensation for medical expenses (past, present and future), lost time at work, any permanent disfigurement or disability, and more.

So how do you begin your pursuit of fair and just compensation?

Some start by telling the responsible party’s insurance company about your injuries. If you do so, you may find they minimize your pain and suffering and don’t really care about what you’re going through. The truth is that most insurance companies are in business to make money and they will try to disparage your claim or, if need be, settle it as fast as possible for as little as possible.

Better idea: start by consulting with a personal injury lawyer. Most do not charge you for a consultation, but instead work on a contingency fee basis; if the attorney can’t get a settlement for you, you won’t owe him anything. A personal injury attorney will tell you whether or not you have the basis for a claim and subsequent settlement.

Insurance Settlements

Your attorney will begin by negotiating with the insurance company for a settlement. If your attorney cannot obtain a suitable offer, he may talk to you about other options, such as arbitration, mediation, or filing a lawsuit.

By hiring your own personal injury attorney, you won’t have to deal directly with an intransigent insurance company. Your claim will be in the hands of a New Hampshire professional who knows the law and has experience in obtaining the best possible settlement for you.

Stay tuned for Part 2 – a discussing about how to file a lawsuit, and the subsequent pros and cons of your filing.

NH Workplace Deaths Decline

New Hampshire saw only seven workplace deaths in 2008 — half as many as in 2007, according to the Bureau of Labor Statistics.

Although this is statistically fortunate for most employees, the Bureau cites the slowing economy as the main reason for lower death rates.  This, of course, is not necessarily a good sign for New Hampshire.  A down economy results in fewer employees in the workplace and fewer hours for those who have work.

[According to the Bureau of Labor Statistics, a fatality is a “workplace death,” if the employee was engaged in legal work activity or in an area as a part of his or her work requirements.  Deaths while commuting to or from work do not count in these statistics.  Neither do deaths from illness during employment (unless, of course, the employee's illness could be traced back to the work environment).]

The Bureau’s statistics on Occupational Injuries and Illness showed that rates of work-related personal injuries and illness also fell.  The time required to recover from these injuries, however, increased.

This brings up two issues: (1) deaths and injuries attributed to workplaces must have sufficient documentation in order to blame employers; and (2) there may be reasons why some employees fail to report accidents.

Furthermore, fewer workers and work hours result in fewer overall injuries and deaths, but perhaps even greater stress for those still on the job.

Again, these statistics cover only what was recorded and do not take into consideration injuries and illness unreported by either the employee or the employer.

While the economy may have impacted the number of employees and, therefore, the incidents of death and injury, it may also have affected the likelihood that either a worker or a business would report minor injuries or illnesses.

In fact, with a slowing economy it’s likely that some workers may choose not to report personal injuries for fear of losing a job.  This would support the idea that only the most severe personal injuries are being reported to employers, therefore decreasing the number of reports but increasing recovery time.

Conclusion: Workers need to remember that personal injuries should be taken seriously, especially if they are job-related, and should report them accordingly.  Laws and regulations are set up to support and compensate injured employees, even if the injury is minor.  A slow economy may influence statistics, but that same economy can affect individual workers who may put themselves at risk with higher stress.

Keep this in mind if you or a loved one is injured on the job. Regardless of fault, injuries and deaths at work need to be reported to help prevent future injuries on the job.

Statistics only tell part of the story. Injury prevention is really up to the employees who must report problems to maintain a safe and healthy work environment.

How are Injuries Caused by Animals Treated in Lawsuits?

If you’ve been anywhere near a television recently, you’ve probably seen news covering the reveal of Charla Nash, the woman who was brutally attacked by her employer’s 14 year-old chimpanzee, Travis, in February of 2009. According to reports, Nash went to visit her employer, Sandra Herold, when Herold called to ask for her help in containing Travis. When Nash arrived, Travis savagely attacked her, causing her severe disfigurement including the loss of both eyes, both hands, her nose and her lips.

As a result, Nash has sued Herold for $50 million and the state of Connecticut for $150 million in a personal injury suit. Herold’s attorney, however, claims that since Nash was an employee of his client, the suit should be for worker’s compensation and not personal injury. By switching claims, the attorney may be able to shield Herold from personal liability and ultimately lower the possible award to Nash. This would also shift the focus from the duties of pet ownership to employer responsibility and compensation.

So how does this affect you? Although not everyone owns a 200-pound chimpanzee, the story certainly gives rise to questions regarding animal attacks, liability and personal injury suits.

Dog owners especially are targeted for personal injury laws regarding pets. According to the CDC, there are over four million dog bites every year and almost a million of these require some type of medical attention.  While we’d all like to believe that our beloved pets wouldn’t harm a soul, it’s important to recognize that, under stress, many animals will defend themselves and their owners through biting.

Leash and fence laws are designed to help protect pedestrians from unknown canines and to help shield owners from liability. In order to help protect both owners and civilians, some states even restrict the types of breeds allowed in certain districts and maintain strict liability laws.

New Hampshire Statutes Pertaining to Animal-Inflicted Injuries
New Hampshire happens to be one of the states with strict laws. Basically, if a dog attacks another person (and that person was neither trespassing nor committing a crime), the owner of the animal is legally responsible for the injuries caused by their dog. In short, the owner of the animal is financially responsible for all lost wages, suffering, medical bills and stress that result from the attack.

In general, a person injured from a dog bite in New Hampshire does not need to prove that the owner of the dog knew that the animal had aggressive tendencies or that the owner was in any way at fault or negligent. The law also covers non-contact injuries such as causing a biking accident by scaring the rider. It also covers damage to property or livestock including fowl, cats and other domestic animals.

The law does not, however, cover harm to individuals who were trespassing, committing a crime, harassing, tormenting, teasing, or harming the dog in any way. This is important information for dog owners who keep their animals properly contained and may be concerned about counter suits from trespassing individuals who get harmed on their property.

Pet ownership is both a great privilege and a huge responsibility. New Hampshire laws are designed to protect both the owner and the civilian and it’s important to understand your liabilities before acquiring a new pet. Dog bites are more common than most people recognize, so be sure to follow the regulations to protect yourself, your property and your dog.

Note:  The laws are even more harsh if you own exotic pets.  Be sure to read up on the laws and regulations regarding wild or exotic animals before adopting anything other than common domesticated animals.