New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 264:25 (2024)
Conduct After Accident
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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264:25 Conduct After Accident. –
I. The driver of a vehicle who knows or should have known that he or she has just been involved in any accident which resulted in death, personal injury or damages to property, shall immediately stop such vehicle at the scene of the accident and give to the driver or owner of any other vehicle involved in said accident, and to any person injured, and to the owner of any property damaged, the driver's name and address, the driver's license number, the driver's or owner's insurance provider and policy information, if applicable, the registration number of the vehicle, and the name and address of each occupant. If by reason of injury, absence or removal from the place of the accident, or other cause, such injured person, or driver of such other vehicle, or owner of the property damaged, or any of them, is unable to understand or receive the information required in this section, such information shall be given to any uniformed police officer arriving at the scene of the accident or immediately to a police officer at the nearest police station. Police officers receiving such information, and other employees of such officers' law enforcement agencies, shall be authorized to provide that information to such injured persons, drivers, owners, or the authorized legal representative of such injured persons, drivers, or owners. Any person driving a vehicle which is in any manner involved in an accident or any person who owns a vehicle which was illegally parked when it was involved in an accident shall within 15 days after such accident report in writing to the division the facts required hereunder together with a statement of the circumstances if any person is injured or killed, or if damage to property is in excess of $1,000, unless the accident is investigated by a police officer, in which case a report filed by such officer shall satisfy the requirements of this section; provided, however, that any person not otherwise required by this paragraph to file a report, who owns a vehicle which was involved in an accident, may file a report as provided by this paragraph. Voluntary intoxication shall not constitute a defense in the matter of knowledge under the provisions of this section. All reports, filed as required in this paragraph, shall be in the form prescribed by the director and shall contain information to enable the division to determine whether the requirements for the deposit of security under RSA 264:3 are inapplicable by reason of the existence of insurance or other exceptions specified in that section. If such driver is physically or mentally incapable of making such report, the owner of the vehicle involved in such accident or the owner's representative shall, after learning of the accident, forthwith make such report. The driver or the owner shall furnish such additional relevant information as the division shall require. The provisions of this section shall be of general application and shall not be restricted to a way as defined in RSA 259.
II. No report required under paragraph I, nor any certificate issued by the director under the authority provided by this paragraph, may be used as evidence in any criminal trial arising out of a reported accident where the reporting party is a defendant except that:
(a) The director may use such report in connection with the director's duties under RSA 264:3.
(b) The director may furnish upon demand of any party to a trial, or upon demand of any court or law enforcement agency, a certificate showing that a specified report has or has not been filed with the director, and, if such report has been made, the date, time and location of the accident, the names and addresses of the drivers and owners of the vehicles involved and the investigating officers if known.
III. This section shall not prevent the prosecution of any charges brought under RSA 264:28 or RSA 264:29.
I. The driver of a vehicle who knows or should have known that he or she has just been involved in any accident which resulted in death, personal injury or damages to property, shall immediately stop such vehicle at the scene of the accident and give to the driver or owner of any other vehicle involved in said accident, and to any person injured, and to the owner of any property damaged, the driver's name and address, the driver's license number, the driver's or owner's insurance provider and policy information, if applicable, the registration number of the vehicle, and the name and address of each occupant. If by reason of injury, absence or removal from the place of the accident, or other cause, such injured person, or driver of such other vehicle, or owner of the property damaged, or any of them, is unable to understand or receive the information required in this section, such information shall be given to any uniformed police officer arriving at the scene of the accident or immediately to a police officer at the nearest police station. Police officers receiving such information, and other employees of such officers' law enforcement agencies, shall be authorized to provide that information to such injured persons, drivers, owners, or the authorized legal representative of such injured persons, drivers, or owners. Any person driving a vehicle which is in any manner involved in an accident or any person who owns a vehicle which was illegally parked when it was involved in an accident shall within 15 days after such accident report in writing to the division the facts required hereunder together with a statement of the circumstances if any person is injured or killed, or if damage to property is in excess of $1,000, unless the accident is investigated by a police officer, in which case a report filed by such officer shall satisfy the requirements of this section; provided, however, that any person not otherwise required by this paragraph to file a report, who owns a vehicle which was involved in an accident, may file a report as provided by this paragraph. Voluntary intoxication shall not constitute a defense in the matter of knowledge under the provisions of this section. All reports, filed as required in this paragraph, shall be in the form prescribed by the director and shall contain information to enable the division to determine whether the requirements for the deposit of security under RSA 264:3 are inapplicable by reason of the existence of insurance or other exceptions specified in that section. If such driver is physically or mentally incapable of making such report, the owner of the vehicle involved in such accident or the owner's representative shall, after learning of the accident, forthwith make such report. The driver or the owner shall furnish such additional relevant information as the division shall require. The provisions of this section shall be of general application and shall not be restricted to a way as defined in RSA 259.
II. No report required under paragraph I, nor any certificate issued by the director under the authority provided by this paragraph, may be used as evidence in any criminal trial arising out of a reported accident where the reporting party is a defendant except that:
(a) The director may use such report in connection with the director's duties under RSA 264:3.
(b) The director may furnish upon demand of any party to a trial, or upon demand of any court or law enforcement agency, a certificate showing that a specified report has or has not been filed with the director, and, if such report has been made, the date, time and location of the accident, the names and addresses of the drivers and owners of the vehicles involved and the investigating officers if known.
III. This section shall not prevent the prosecution of any charges brought under RSA 264:28 or RSA 264:29.
Source. 1911, 133:20. 1921, 119:19. 1925, 50:1. PL 102:17. 1931, 84:1. 1937, 161:5. 1939, 101:1. RL 118:19. 1949, 34:1; 249:1. 1951, 66:3. RSA 262:23. 1957, 144:1. 1963, 330:1. RSA 262-A:67. 1965, 207:4. 1967, 257:1. 1973, 211:1. 1977, 460:1. 1981, 146:1; 263:1, 2; 278:1, 3; 479:25. 1990, 81:1. 1997, 314:2, 3, eff. Jan. 1, 1998. 2017, 139:4, eff. June 16, 2017. 2018, 256:2, eff. Aug. 11, 2018.
Notes of Decisions
Cited in 29
cases (5 in the last 5 years), 1983–2024 · leading case: State of New Hampshire v. Louise E. Pinault, 120 A.3d 913 (N.H. 2015).
State of New Hampshire v. Louise E. Pinault, 120 A.3d 913 (N.H. 2015). “), on one misdemeanor count of conduct after an accident, see RSA 264:25,1 (2014), and the trial court’s order that she pay restitution for property damage, see RSA 651:63, I (2007).”
State v. Cobb, 465 A.2d 1203 (N.H. 1983). “See RSA 264:25. On appeal, he challenges the *538 Trial Court's ( Contas, J.”
State v. Seavey, 789 A.2d 621 (N.H. 2001). “On appeal, she argues that the trial court erred in denying her motion to suppress.”
State v. Wilkinson, 612 A.2d 926 (N.H. 1992). “) of violating RSA 264:25, conduct after an accident. On appeal, he contends that the search of the car involved in the.”
State v. Dodds, 982 A.2d 377 (N.H. 2009). “) for false public alarms, see RSA 644:3, I (2007), falsifying physical evidence, see RSA 641:6, I (2007), and conduct after an accident, see RSA 264:25,1 (2004). We affirm. I The record supports the following facts.”
Wilson v. Progressive N. Ins., 868 A.2d 268 (N.H. 2005). “Under the Financial Responsibility Act, RSA 264:25, I (2004), it is a criminal offense to leave the scene of an accident involving personal injury or property damage without providing identifying information.”
State v. Whittaker, 973 A.2d 299 (N.H. 2009). “” The grand jury returned three indictments against the defendant: two alternative counts of negligent homicide, see RSA 630:3; and one felony count of conduct after an accident, see RSA 264:25, :29 (2004). The trial court dismissed one of the negligent homicide indictments…”
State v. Russo, 674 A.2d 156 (N.H. 1996). “1995), and conduct after an accident where injury occurred, see RSA 264:25 (1993). The jury convicted the defendant on both assault charges but acquitted him of the conduct after an accident charge.”
State v. Euliano, 20 A.3d 223 (N.H. 2011). “The defendant, Michael Euliano, appeals his conviction on one count of second degree assault, see RSA 631:2 (2007) (amended 2010), one count of conduct after an accident, see RSA 264:25 (2004), and two counts of reckless conduct, see RSA 631:3 (2007).”
State v. Sefton, 485 A.2d 284 (N.H. 1984). “The defendant was prosecuted for violation of RSA 264:25, I, requiring certain action by the driver of a vehicle who knows that he has been involved in an accident.”
State v. VanDerHeyden, 615 A.2d 1246 (N.H. 1992). “), of leaving the scene of an accident involving personal injury, RSA 264:25, and false reporting of the accident to the police, RSA 264:28.”
State v. Moses, 517 A.2d 839 (N.H. 1986). “1985)), unauthorized use of a motor vehicle, RSA 262:12, and conduct after an accident, RSA 264:25. He pleaded nolo contendere to, and was convicted and sentenced on, all three misdemeanor charges in Plymouth District Court (Kent, Sp.”
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