If you get into a car accident in New Mexico, it is important to have at least a general understanding of the laws that will apply to your case. That way, you can navigate them with confidence and protect your rights. A car accident lawyer in Albuquerque can provide you with exceptional representation and advocacy throughout the legal process.
Motor vehicle accidents are one of the top causes of injuries and deaths in New Mexico. The annual traffic crash report from the Department of Transportation shows that, in 2023, a car accident occurred every 12 minutes in New Mexico. Over 103,000 people were involved in traffic accidents in 2023.
Fault-Based Car Insurance Rule
When it comes to determining who will pay for an automobile accident, there are fault and no-fault states (plus a few with hybrid systems that use both). New Mexico is a fault state, also known as an “at-fault” or “tort-based” insurance state. Only 12 states use no-fault car insurance laws.
Under New Mexico’s fault-based car insurance system, the insurer of the at-fault driver is held liable, or financially responsible, for the crash and the damage it causes. This insurance provider will pay for a victim’s medical bills and property repairs, as long as its policyholder’s fault can be proven.
Determining fault for an automobile accident takes an investigation into which driver was negligent or failed to act with proper care. This could refer to reckless driving or a violated traffic law, such as speeding or distracted driving. Evidence of fault is typically necessary for the victim to receive third-party insurance coverage.
Automobile Insurance Requirements
In a no-fault state, all drivers must carry personal injury protection (PIP) insurance to pay for their own medical bills after a car crash, regardless of fault. New Mexico law, on the other hand, focuses on liability insurance to pay for others’ losses. Driving without insurance is against the law and can lead to fines and penalties, including driver’s license suspension.
The required amounts of insurance in New Mexico are currently:
- $25,000 in bodily injury or death insurance per person
- $50,000 in bodily injury or death insurance per accident
- $10,000 in property damage insurance per accident
If you get involved in a crash with an uninsured or underinsured driver, your own insurance may cover your losses if you have the right type of coverage. Uninsured/underinsured motorist (UM/UIM) insurance is optional in New Mexico and must be rejected in writing at the time of purchase.
Pure Comparative Negligence
Fault for a car accident does not always go exclusively to one driver. Some cases are complex, with multiple liable parties. New Mexico uses a “pure comparative negligence law” to deal with these situations. Under this legal doctrine, you could recover financial compensation even if you are found partly at fault.
If you are assigned a percentage of the blame, your financial recovery will be reduced by an equivalent percentage. If you are given a $100,000 settlement, for example, but allocated 15 percent of fault, your settlement would be reduced by $15,000 to $85,000.
Since New Mexico’s version of this law is “pure,” any degree of fault (short of 100 percent) still qualifies the victim for financial compensation. Modified comparative negligence states, by contrast, prohibit the recovery of damages if a victim is given the majority share of fault.
Crash Reporting
Car accidents in New Mexico must be reported if they involve injuries, deaths, or $500 or more in total property damage. The correct action is to call 911 from the scene of the accident without delay.
Failing to stop at the scene of an accident, render aid and notify the police is a crime known as a hit-and-run. A conviction for this crime can come with serious penalties, including driver’s license suspension, fines and jail time.
Car Accident Lawsuits in New Mexico
Most car accident cases in New Mexico are resolved through settlement agreements. This is a contract between a car insurance company and a claimant to release the responsible party of all further liability for the crash in exchange for a specific amount of money. However, some car accident cases go to trial.
If there are complications such as the at-fault driver not having insurance, the insurance company rejecting the claim or the inability to come to a fair settlement, you may need to file a personal injury lawsuit against the driver or a third party. This requires special claims paperwork being filed with the county’s civil courthouse.
Statute of Limitations (Deadline for Filing)
Car accident cases in New Mexico are subject to strict deadlines. If you wait around before pursuing justice, you may unintentionally miss a deadline and forfeit the ability to recover financial compensation. A car insurance claim should be filed as soon as possible. Most insurers require filing within 24 to 72 hours of the crash.
If a lawsuit needs to be filed with the courts after a car crash in New Mexico, the courthouse needs to receive the case no later than three years from the date of the collision under New Mexico Statutes § 37-1-8. There may be exceptions for cases involving injured minors, government liability and delayed injury discovery. Contact an attorney right away to make sure you are within your filing window.
How to Prove a Car Accident Claim in New Mexico
The burden of proof that must be met by an injured victim or plaintiff in a car accident claim is “based on a preponderance of the evidence,” meaning enough evidence must be provided to convince a jury that the defendant is more likely to be responsible for the victim’s injuries than not.
Proving your car accident claim may take evidence such as a police report, witness statements, expert or specialist testimony, photos, videos, and medical records. An experienced auto accident lawyer in your city can help you collect evidence and establish fault. Meanwhile, you can focus your attention on injury recovery.Your lawyer can take over settlement negotiations with an insurance company or bring your injury case to court, if necessary, to maximize your case results. You don’t have to navigate New Mexico’s car accident laws alone. Contact The Fine Law Firm for a free, no-pressure consultation with an attorney.