Whether you’re driving down the streets of Albuquerque or on our sprawling rural highways, accidents can happen anywhere in New Mexico. Unfortunately, these accidents often cause life-changing injuries that put physical, emotional, and financial stress on the victims. If you get into a New Mexico car accident, you don’t have to go through it alone.
At Tawney, Acosta & Chaparro P.C., our attorneys dedicate themselves to your recovery from day one. Our goal is to pursue the compensation you need to move forward from this traumatic experience.
After a New Mexico car accident, call police to file an official report, seek medical care within 24 hours to document injuries, and know that New Mexico’s pure comparative negligence law lets you recover damages even if you’re partially at fault, minus your percentage of fault, within a 3-year statute of limitations.
We hope this guide will help you understand the basics of the car accident claims process and how various New Mexico laws may affect your case.
A car accident can turn your life upside down in an instant, physically, emotionally, and financially. We’re here to help you understand your rights and pursue the recovery you deserve, every step of the way.
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New Mexico follows an at-fault system for car accident claims. The at-fault driver pays for damages caused to others. Accident victims can pursue compensation through insurance claims or legal action.
Additionally, New Mexico follows the pure comparative negligence doctrine. This means that a victim may pursue compensation even if they were partially—or even mostly—at fault for the accident.
However, the court also reduces the plaintiff’s total compensation by their percentage of fault, up to 99%.
Here’s an example of how much a victim may receive out of a $1,000,000 award at different levels of fault:
New Mexico’s negligence laws are much more forgiving than those for other states.
For example, many states follow a modified version of comparative negligence that bars compensation if the plaintiff is 50-51% or more at fault
In New Mexico, victims may seek three types of damages after a car accident: economic, non-economic, and punitive. The amount of each damage type depends on the nature of your injuries as well as the circumstances of the accident.
Economic damages are the core losses that make up your claim. This category includes damages with a standard cost or value, such as medical bills, lost wages, and property damage.
For example, if you have $15,000 in vehicle damage and $25,000 in medical expenses, you have $40,000 in total economic damages.
Non-economic damages are more difficult to calculate in car accidents. Instead of reimbursing victims for tangible losses, non-economic damages provide compensation for subjective losses.
In other words, they can’t be calculated by adding up receipts or bills. The most common form of non-economic damage is pain and suffering.
However, this category also includes loss of companionship, loss of quality of life, permanent disability, and disfigurement.
Punitive damages aren’t as common as the other two categories. This is because they aren’t meant to reimburse the victim for any particular loss.
Instead, the court awards punitive damages in cases where the defendant acted with wanton, reckless, or intentional disregard for the safety of others.
There are two instances when you must report a New Mexico car accident to the police:
In addition, drivers involved in a car accident that meets the criteria must submit a written report of the accident to the department of transportation within five days.
Generally, the best thing to do after an accident is to call 911. When the reporting officer shows up, they will most likely fill out an accident report detailing the damages and injuries.
This is a crucial piece of evidence for your claim, as it establishes an official record of the car accident. Without it, the insurance company may minimize or deny your claim.
According to NMS § 37-1-8, victims injured in a New Mexico car accident have three years to file a lawsuit.
This means that you must bring an action within three years from the date of injury. However, there are a few exceptions that may alter the time limit depending on the circumstances.
The first exception occurs when the victim is a minor or incapacitated at the time of the accident. In this case, the victim has either:
The time limit that applies is whichever gives the victim the most amount of time to file.
For example, if the victim was 14 when they received the injury, they have until their 19th birthday to bring action. However, if they were 17 years old, they would have three years from the date of injury to file.
The second exception is when the responsible party is a government agency or public employee.
Under NMS § 41-4-16, victims must give the government entity a claim notice within 90 days of the incident. This notice should include information regarding the time, place, and circumstances of the injury as well as evidence of damages.
Since this situation drastically reduces the amount of time you have to file, we highly recommend reaching out to one of our car accident attorneys.
We represented the mother of a 14-month-old baby killed when a Luna County Sheriff’s vehicle, traveling as fast as 130 mph in a 55 mph zone while responding to a call, struck her car at approximately 99 mph.
Discuss Your Case With Our TeamCase results depend on the unique facts of each case. Past results do not guarantee or predict a similar outcome in any future case.
An insurance company must respond to your claim “within a reasonable time.” Unfortunately, there aren’t any specific requirements in New Mexico for insurance companies regarding settlement timelines.
This means that they often use any tactic necessary to draw out your claim timeline. The goal of the adjuster is to get desperate victims to accept an offer much lower than they deserve.
Having an attorney on your side helps even the odds against the insurance company, especially if your attorney knows the signs of unfair claims practices.
If you have any questions about your New Mexico car accident claim, contact Tawney, Acosta & Chaparro P.C. today. We’ll examine your claim and explore your legal options based on your unique situation.
To schedule a free, no-obligation consultation, call us at (575) 222-1000. We proudly serve clients throughout New Mexico from our practices in Albuquerque, Las Cruces, and Carlsbad.
Yes. New Mexico follows an at-fault system, meaning the driver responsible for causing the accident pays for the resulting damages. Accident victims can pursue compensation through an insurance claim or a lawsuit.
New Mexico follows the pure comparative negligence doctrine, which allows a victim to recover compensation even if they were partially or mostly at fault for the accident, up to 99% at fault. The court reduces the total award by the victim’s percentage of fault. For example, a victim who is 20% at fault could still recover $800,000 of a $1,000,000 award.
Victims may seek economic damages (such as medical bills, lost wages, and property damage), non-economic damages (such as pain and suffering, loss of companionship, and permanent disability), and, in cases involving wanton, reckless, or intentional disregard for safety, punitive damages.
A car accident must be reported when it causes bodily injury or death, or when property damage exceeds $500. Drivers involved in a qualifying accident must also submit a written report to the department of transportation within five days.
Under NMS § 37-1-8, victims generally have three years from the date of injury to file a lawsuit. Exceptions may extend or shorten this window depending on circumstances, such as when the victim is a minor or when a government entity is involved.
A minor or incapacitated victim has either one year after turning 18 (or after their incapacity ends) or three years from the date of injury to file, whichever gives them more time. For example, a 14-year-old victim would have until their 19th birthday, while a 17-year-old victim would have three years from the date of injury.
Under NMS § 41-4-16, victims must give the government entity a claim notice within 90 days of the incident, including details about the time, place, circumstances, and evidence of damages. Because this timeline is much shorter than the standard three years, it’s important to contact an attorney quickly.
New Mexico law requires insurers to respond “within a reasonable time,” but doesn’t set a specific deadline. This lack of a firm timeline can allow adjusters to draw out a claim, which is why having an attorney to push back against unfair claims practices can help.
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Daisy Chaparro is an El Paso native committed to serving her community through compassionate and effective legal representation. After graduating from El Dorado High School, she earned her Bachelor of Arts in Political Science with a minor in Philosophy from St. Mary’s University. Daisy went on to earn her Juris Doctor (magna cum laude) from Texas Tech University School of Law in 2015. She proudly represents clients with a dedication rooted in her deep ties to the border region.
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