New Hampshire Revised Statutes 264:3 – When Proof Required After Report of Accident
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I. After receipt of the report required by N.H. Rev. Stat. § 264:25, the director shall suspend the license and registration certificate and require the surrender of the registration plates, if any, of the driver, and shall suspend the registration certificates and require the surrender of the plates of the owner of the vehicle, trailer, or semi-trailer involved in the accident reported and shall suspend his license, if any, or driving privilege until such driver or owner or both shall have furnished sufficient security to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against such owner or driver by or on behalf of the aggrieved person or his legal representative, and until such owner or driver or both shall give and thereafter maintain proof of financial responsibility in the future. Notice of such suspension and of the requirement of such surrender shall be sent by the director to such driver and owner not less than 10 days prior to the effective date of such suspension.
II. This section shall not apply:
(a) To such owner or driver if such owner had in effect at the time of such accident with respect to such vehicle a motor vehicle liability policy or motor vehicle liability bond, as herein defined;
(b) To such driver, if not the owner of such vehicle, if there was in effect at the time of such accident such a policy or bond with respect to his driving of vehicles not owned by him;
(c) To such owner or driver if the liability of such owner or driver for the damages resulting from such accident is, in the judgment of the director, covered by any other form of insurance policy or bond, or proof of financial responsibility in accordance with N.H. Rev. Stat. § 264:20 and 21.
III. Where erroneous information with respect to insurance coverage of the owner or driver of any such vehicle is furnished to the department, it shall take appropriate action as above provided after the receipt by it of correct information with respect to such coverage.
IV. Within 15 days after the receipt of notice of such accident from the department, the insurance carrier or surety company which issued such policy shall notify the department in such manner as it may require in case such policy was not in effect at the time of such accident. If no such notification is received within such 15 days, the director may assume that such a policy was in effect at the time of the accident.
V. In case any such driver or owner has no license to drive a vehicle or no vehicle registered in his name in this state, he shall not be allowed a license or registration until he has complied with this chapter to the same extent as would be necessary if he had held a driver’s license and a vehicle registration at the time of the accident.
VI. No such policy shall be effective under this section unless issued by an insurance company or surety company authorized to do business in this state, except that such policy may be accepted from an insurance company or surety company not authorized to do business in this state if such company possesses capital and assets to the extent and of the quality required under the provisions of N.H. Rev. Stat. § 405:2 or 4, as determined by the insurance commissioner of this state and such company shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in any action involving such policy arising out of such accident; provided, however, every such policy shall provide the same degree of security as required by this chapter.
VII. Notwithstanding the provisions of N.H. Rev. Stat. § 264:5 or any determination previously made by the director under this section, the director, upon receipt of satisfactory evidence that there is an unsatisfied judgment against any owner or driver required by N.H. Rev. Stat. § 264:25 to report an accident which judgment was rendered in an action for damages to property or for personal injuries arising out of said accident, shall, until said owner or driver or both shall have satisfied said judgment to the extent required by N.H. Rev. Stat. § 264:8, suspend the license and driving privilege and registration certificates and require the surrender of the registration plates, if any, of said driver and owner.
II. This section shall not apply:
Terms Used In New Hampshire Revised Statutes 264:3
- Accident: shall mean any event that results in injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load. See New Hampshire Revised Statutes 259:1-a
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Certificate: shall mean :
I. See New Hampshire Revised Statutes 259:9 - Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
- Director: shall mean the director of the division of motor vehicles of the department of safety. See New Hampshire Revised Statutes 259:20
- Driver: shall mean a person who drives or is in actual physical control of a motor vehicle as defined in N. See New Hampshire Revised Statutes 259:25
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judgment: shall mean any judgment which shall have become final, rendered by a court of competent jurisdiction of any state, or of the United States. See New Hampshire Revised Statutes 259:46
- License: shall mean any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:
I. See New Hampshire Revised Statutes 259:48 - Motor vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:60 - Owner: shall mean :
I. See New Hampshire Revised Statutes 259:72 - Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Semi-trailer: shall mean a vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight or that of its load rests upon and is carried by the towing vehicle, and not including a pair or set of wheels commonly used as an implement for other purposes than transportation, provided, however, that the word "semi-trailer" shall not include any vehicle as described in this section if used exclusively for agricultural purposes unless said vehicle be of the type constructed specifically to be towed by a tractor-type truck. See New Hampshire Revised Statutes 259:98
- State: shall mean :
I. See New Hampshire Revised Statutes 259:106 - Suspension: shall mean the temporary withdrawal by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive a vehicle on the ways of this state, or any other license, registration or permit issued by the department, which temporary withdrawal shall be for a period specifically designated by the department or court and until the reissuance of the license, registration, permit or privilege. See New Hampshire Revised Statutes 259:107
- Trailer: shall mean any vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on snow or on stationary tracks and vehicles used exclusively for agricultural purposes. See New Hampshire Revised Statutes 259:113
- Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
(a) To such owner or driver if such owner had in effect at the time of such accident with respect to such vehicle a motor vehicle liability policy or motor vehicle liability bond, as herein defined;
(b) To such driver, if not the owner of such vehicle, if there was in effect at the time of such accident such a policy or bond with respect to his driving of vehicles not owned by him;
(c) To such owner or driver if the liability of such owner or driver for the damages resulting from such accident is, in the judgment of the director, covered by any other form of insurance policy or bond, or proof of financial responsibility in accordance with N.H. Rev. Stat. § 264:20 and 21.
III. Where erroneous information with respect to insurance coverage of the owner or driver of any such vehicle is furnished to the department, it shall take appropriate action as above provided after the receipt by it of correct information with respect to such coverage.
IV. Within 15 days after the receipt of notice of such accident from the department, the insurance carrier or surety company which issued such policy shall notify the department in such manner as it may require in case such policy was not in effect at the time of such accident. If no such notification is received within such 15 days, the director may assume that such a policy was in effect at the time of the accident.
V. In case any such driver or owner has no license to drive a vehicle or no vehicle registered in his name in this state, he shall not be allowed a license or registration until he has complied with this chapter to the same extent as would be necessary if he had held a driver’s license and a vehicle registration at the time of the accident.
VI. No such policy shall be effective under this section unless issued by an insurance company or surety company authorized to do business in this state, except that such policy may be accepted from an insurance company or surety company not authorized to do business in this state if such company possesses capital and assets to the extent and of the quality required under the provisions of N.H. Rev. Stat. § 405:2 or 4, as determined by the insurance commissioner of this state and such company shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in any action involving such policy arising out of such accident; provided, however, every such policy shall provide the same degree of security as required by this chapter.
VII. Notwithstanding the provisions of N.H. Rev. Stat. § 264:5 or any determination previously made by the director under this section, the director, upon receipt of satisfactory evidence that there is an unsatisfied judgment against any owner or driver required by N.H. Rev. Stat. § 264:25 to report an accident which judgment was rendered in an action for damages to property or for personal injuries arising out of said accident, shall, until said owner or driver or both shall have satisfied said judgment to the extent required by N.H. Rev. Stat. § 264:8, suspend the license and driving privilege and registration certificates and require the surrender of the registration plates, if any, of said driver and owner.