If an out-of-state driver hits you in New Mexico, you can still file a claim here. The other driver still owes you the same duty of care, and New Mexico’s fault and insurance rules apply. You still must act before New Mexico’s three-year deadline. If you encounter complications, you should hire a local New Mexico attorney to handle your claim.
Steps to Take After an Accident With an Out-of-State Driver
After a car accident in New Mexico involving a snowbird, tourist or another non-resident driver, you will take many of the same steps as you would after a collision with a local. Practical steps to take include:
- Pull over immediately. Once you are in a safe location, check yourself for injuries. Request paramedics or go to a nearby hospital as soon as possible.
- Call 911 to report the car accident to local police. They can investigate the crash, collect information from the out-of-state driver and create a police report, which can provide useful evidence during your insurance claim.
- Document the scene by exchanging information with the other driver, taking pictures and videos, photographing the other driver’s out-of-state license and license plate, and gathering insurance information.
- File your claim for compensation against the at-fault driver for your medical costs, property damage, lost wages, etc., as you would with a local driver.
- If your case needs to go to court, you have the option to file in New Mexico or the other driver’s home state – whichever is more convenient for you.
A car accident that takes place in New Mexico will adhere to the state’s three-year statute of limitations, regardless of where the other driver is from. This means you have no more than three years to bring your personal injury lawsuit.
Are the Insurance Rules Affected?
A car accident with an out-of-state driver in New Mexico will follow local laws and insurance rules. New Mexico is a fault state, not a no-fault state. This means you will file your claim with the insurance provider of the at-fault driver or party, even if the other driver is from a no-fault state.
An out-of-state driver may have different types and amounts of insurance based on the requirements in his or her home state. Each state has different mandatory insurance limits. This could affect the amount of your settlement or judgment award.
Where and When Should You Hire a Car Accident Attorney?
Hiring a car accident attorney is advised if you have a complex out-of-state claim with challenges such as an uncooperative insurance company, the need to serve papers on an out-of-state defendant or evidence that is located outside of state lines.
Should you wish to hire an attorney, hire one in your own state – local to New Mexico. Since the car accident occurred in New Mexico, state courts will have jurisdiction over the case, even if the other driver doesn’t live here.
If there are issues related to the fact that the other driver is not from New Mexico, an experienced attorney can help you navigate the insurance process and fight for maximum coverage from all available outlets. An attorney can help you understand your rights and the key issues related to your unique claim.