Why the stakes spike right at the 50/51 mark, for both sides
Under RSA 507:7-d, a claimant's fault reaching 51% eliminates their recovery entirely under New Hampshire's modified comparative fault rule. But New Hampshire adds a second, genuinely distinctive wrinkle: under RSA 507:7-e, a defendant whose own fault reaches 50% or more becomes jointly and severally liable — meaning they can be on the hook for more than just their individually assigned share. This means the 50% line carries real weight for defendants too, not only for the claimant pursuing recovery.
Where this argument actually comes from
The building blocks of a fault argument in New Hampshire are familiar: the narrative section of the police report, any recorded statement taken from the claimant, witness accounts, photos or video of the scene and vehicle positions, and any inconsistencies in how the incident has been described over time.
Why a recorded statement carries extra weight here
An early, informal recorded statement is worth genuine caution in any state, and the stakes in New Hampshire are sharpened by exactly what's riding on the 51% line for the claimant. A phrase that shifts an adjuster's internal fault assessment from 45% to 51% doesn't just shrink the payout — it eliminates it entirely.
A real wrinkle in multi-defendant cases
Because crossing 50% fault individually exposes a defendant to joint and several liability, fault disputes among multiple defendants in New Hampshire can take on an added dimension: a defendant with deeper pockets may fight harder to keep their individually assigned fault below that 50% line, since crossing it changes not just their own direct share of liability but potentially their exposure to the full judgment.
Who ultimately decides
If a case goes to trial, the jury determines the fault percentages that drive both the 51% recovery bar and the 50% joint-liability trigger. In the far more common scenario of a negotiated settlement, the parties effectively work out this same comparison between themselves. See our New Hampshire comparative fault calculator to see exactly how sharply the outcome changes on either side of the 51% line.