New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 264:16 (2026)
Medical Payments
✓ current as of May 2026
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264:16 Medical Payments. –
I. Any motor vehicle liability policy, as defined in RSA 259:61, covering a private passenger automobile and issued with respect to any motor vehicle registered or principally garaged in this state, shall provide medical payments coverage therein or supplemental thereto in an amount equal to or greater than $1,000 per person for reasonable medical costs incurred as a result of injuries sustained in an accident involving the insured vehicle by the driver and passengers in said vehicle. Such coverage shall apply only to medical costs incurred during 3 years following the date the injuries are sustained and the injured driver or passenger shall not be responsible for medical costs that have been determined by the motor vehicle liability insurer to not be reasonable.
II. A health carrier, as defined in RSA 420-G:2, VIII, shall not coordinate benefits against medical payments coverage.
III. Medical payments coverage shall not be assignable to any health care provider.
IV. The insured shall have the exclusive right to submit a claim for medical expenses under either medical payments coverage or a health insurance policy or both, as the insured elects; provided, however, an insured shall not be entitled to duplicate payment from medical payments coverage and a health insurance policy for the same medical expense.
V. This section shall not apply to any commercial policy insuring more than 4 automobiles, nor to any commercial policy covering a garage, automobile sales agency, repair shop, service station, public parking place operation hazards, or trucking operation.
I. Any motor vehicle liability policy, as defined in RSA 259:61, covering a private passenger automobile and issued with respect to any motor vehicle registered or principally garaged in this state, shall provide medical payments coverage therein or supplemental thereto in an amount equal to or greater than $1,000 per person for reasonable medical costs incurred as a result of injuries sustained in an accident involving the insured vehicle by the driver and passengers in said vehicle. Such coverage shall apply only to medical costs incurred during 3 years following the date the injuries are sustained and the injured driver or passenger shall not be responsible for medical costs that have been determined by the motor vehicle liability insurer to not be reasonable.
II. A health carrier, as defined in RSA 420-G:2, VIII, shall not coordinate benefits against medical payments coverage.
III. Medical payments coverage shall not be assignable to any health care provider.
IV. The insured shall have the exclusive right to submit a claim for medical expenses under either medical payments coverage or a health insurance policy or both, as the insured elects; provided, however, an insured shall not be entitled to duplicate payment from medical payments coverage and a health insurance policy for the same medical expense.
V. This section shall not apply to any commercial policy insuring more than 4 automobiles, nor to any commercial policy covering a garage, automobile sales agency, repair shop, service station, public parking place operation hazards, or trucking operation.
Source. RSA 268:15-b. 1971, 553:2; 577:1. 1981, 146:1. 1988, 77:3. 1997, 284:1. 1999, 170:1. 2002, 35:1. 2007, 314:1. 2010, 296:1, eff. Jan. 1, 2011. 2018, 195:1, eff. Aug. 7, 2018.
Notes of Decisions
Cited in 3
cases, 1994–2018 · leading case: Brian Langevin & a. v. Travco Ins. Co., 184 A.3d 80 (N.H. 2018).
Brian Langevin & a. v. Travco Ins. Co., 184 A.3d 80 (N.H. 2018). “The trial court ruled that the plaintiffs were not entitled to payment from Travco under their medical payments coverage to pay a lien asserted by the plaintiffs' health insurer because such payment would constitute a "duplicate payment" contrary to the language of both RSA…”
Fadden v. Metro. Prop. & Cas. Ins., 644 A.2d 555 (N.H. 1994). “She argues that the trial court erred in ruling: (1) that workers’ compensation benefits were “equivalent medical coverage” under RSA 264:16, 11(b) (1993); and (2) that Jolicoeur v.”
Murley v. Hanover Ins., 927 A.2d 485 (N.H. 2007). “RSA 264:17 (2004) prohibits subrogation, stating: “The right of subrogation against any third party shall not exist or be claimed in favor of the insurer who has paid or reimbursed, to or for the benefit of the insured, medical costs under coverage provided for pursuant to RSA…”
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