Car accidents in New Mexico, from Albuquerque’s congested streets to rural highways stretching across the desert, can result in serious injuries and legal confusion. Understanding your rights under New Mexico law is crucial if you’ve been hurt in a crash. This guide explains how fault is determined, what deadlines apply, and how broader personal injury laws work to help you seek the compensation you deserve.
New Mexico Is an At-Fault State
New Mexico uses an at-fault system for car accidents. That means the driver who causes the crash is financially responsible for damages, and injured parties can:
- File a claim with their own insurance (which may then seek reimbursement)
- File a third-party claim with the at-fault driver’s insurer
- File a personal injury lawsuit
Before any compensation is awarded, fault must be established through evidence such as police reports, witness statements, and crash scene documentation.
Pure Comparative Negligence Rule
New Mexico follows a pure comparative negligence rule. This means that even if you’re 99% at fault, you can still recover compensation for your injuries—but your award will be reduced by your percentage of fault.
For example, if you’re awarded $100,000 but found to be 40% responsible, you would still recover $60,000. This rule makes it possible for injury victims to recover at least some damages even in complex cases.
Minimum Auto Insurance Requirements in New Mexico
Every registered vehicle in New Mexico must carry liability insurance with at least:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage
Uninsured and underinsured motorist (UM/UIM) coverage is optional but strongly encouraged, especially since New Mexico ranks high for uninsured drivers.
Statute of Limitations for Car Accident Claims
In New Mexico, the statute of limitations for filing a personal injury lawsuit after a car accident is three years from the date of the crash. If you’re filing a property damage claim, the deadline is four years.
Failing to file within these limits typically results in the loss of your right to pursue compensation in court.
When to Report a Crash
You must report a car accident to law enforcement if:
- Someone is injured or killed
- Property damage appears to be $500 or more
Additionally, if law enforcement doesn’t investigate the crash, you may need to file a written report with the New Mexico Department of Transportation. Reporting ensures that your case has a proper legal record, which is important for any insurance or legal claims.
Personal Injury Laws in New Mexico
Beyond car crashes, New Mexico’s personal injury laws apply to other accidents caused by negligence, including:
- Slip and fall incidents
- Workplace injuries
- Medical malpractice
- Dog bites
- Product liability
In a personal injury claim, you can pursue both economic damages (like medical expenses and lost wages) and non-economic damages (like pain and suffering or emotional distress). While there is no general cap on damages, medical malpractice claims have damage limits.
Types of Compensation You Can Seek
If you’ve been hurt in a crash, you may be entitled to:
- Medical costs (ER visits, surgery, therapy, prescriptions)
- Lost income and diminished earning capacity
- Pain and suffering
- Mental distress
- Property damage and rental car expenses
Each case is different, so the total compensation depends on the severity of your injuries and how they affect your life.
What Happens If the At-Fault Driver Has No Insurance?
If the at-fault driver is uninsured or underinsured, you may rely on UM/UIM coverage through your own insurance, if you purchased it. This coverage can help pay for your medical bills, lost income, and other expenses. If you don’t have this coverage, you may need to file a lawsuit directly against the driver, which can be difficult if they lack assets.
Can Injured Passengers File a Claim?
Yes. In New Mexico, passengers have the right to file a claim against the at-fault driver or drivers. This includes the driver of the vehicle they were riding in if that driver contributed to the crash. Passengers are rarely held responsible, making their cases more straightforward.
Why Legal Representation Can Help
Even though New Mexico’s laws allow victims to recover compensation even if partially at fault, proving your case and dealing with insurers can be stressful. A personal injury lawyer can help investigate the accident, calculate your damages, handle negotiations, and represent you in court if needed. Many lawyers in New Mexico work on a contingency fee basis, so you only pay if they win your case.