If you get into a car accident in New Mexico, you need to act quickly to file a claim. You have a deadline if you wish to recover financial compensation for your medical costs, property repairs and other losses. The car insurance company as well as New Mexico law has filing time limits. Your specific timeframe will depend on the circumstances.
Contact a Fine Law Firm car accident lawyer in Albuquerque, New Mexico as soon as possible to discuss your case.
Immediately: Car Insurance Claim
Most automobile insurance companies require prompt or “as soon as possible” car crash reporting. Typically, this means 24 to 72 hours after the collision occurs. You must report a car accident to the insurance company immediately to avoid missing the company’s deadline. Start by contacting your own car insurance company; then, call the insurance provider of the at-fault party to file a claim.
90 Days: Claim Against the Government
If your car accident case in New Mexico involves an at-fault government agency or on-duty government employee, you have just 90 days to file your claim under the Tort Claims Act. You must file your Notice of Tort Claim within this timeframe, which is a notice sent to the government agency or administrative office you plan on holding liable.
This type of case may arise after an accident involving a police patrol car, firetruck, ambulance, city utility vehicle, city bus or another government-owned vehicle in New Mexico. If the government entity denies your claim or does not respond, you have two years from the date of the car accident to file a personal injury claim.
Three Years: Personal Injury or Wrongful Death Case
New Mexico’s statute of limitations (§ 37-1-8) places a strict deadline on most personal injury claims, including car accident cases, of three years from the date of the incident. Typically, the clock starts ticking on the date of the accident. However, it can be tolled (paused) if the injuries are not discovered right away.
If a car accident is fatal, a wrongful death claim filed on behalf of a deceased individual must be brought within three years of the date of death. This may differ from the date of the car crash if the individual survived for any number of days after the accident but ultimately succumbed to his or her injuries.
Four Years: Property Damage Claim
For incidents involving bodily injuries, New Mexico’s three-year deadline applies. If an individual wishes to file a claim only for property damage, however, the statute of limitations changes to four years. You are given an additional year to file a lawsuit seeking financial compensation solely for damage to your property, such as your motor vehicle or personal belongings.
Why You Should Always Contact an Attorney Promptly
You may be given multiple years to file a car accident lawsuit in the State of New Mexico, but that doesn’t mean you should wait. The deadline can arise quickly. If you miss your statute of limitations, your case will most likely be dismissed. This means you will lose the chance to recover compensation from the at-fault party, regardless of the strength of your evidence.Prompt filing also increases the odds of important evidence being preserved and available for your claim. Critical documents and testimonies may not be there to support your case if you wait to take legal action. Don’t risk the future of your car accident claim.