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Not every state has the same laws when it comes to filing a claim or pursuing legal options in recovering compensation. In New Mexico, the laws regarding car accidents are specific and unique.
New Mexico is a Fault State
New Mexico is a “fault” state or fault-based state when it comes to legal responsibility for damage from a car accident. Being a “tort” state means that the driver that caused the accident is legally responsible for any injuries, deaths, or damage to property that results. The person at fault must pay for all medical bills and other costs related to the accident.
New Mexico is a Pure Comparative Negligence State
“Pure Comparative Negligence” means that even if you are partially to blame for the accident, you can still file a claim and seek compensation. Your award, however, will be reduced by your percentage of fault in the accident.
For example, if a jury awards you $100,000 and you were 15% liable for the accident then you would get $85,000.
New Mexico Statute of Limitation on Car Accidents & Personal Injury
The state also has a three-year statute of limitations when it comes to filing a car accident claim or lawsuit related to an automobile accident. This means that you have three years from the date of an accident to file a claim and seek compensation.
Reporting Car Accidents in New Mexico
In New Mexico Statutes 66-7-206 and 66-7-207, any driver involved in an auto accident that results in injury, death, or property damage over $500 must report the incident to local law enforcement and the Motor Vehicle Division.
If a driver fails to comply with this law they can be subject to fines and other penalties.
It is important to note that insurance companies require an official police report for any accident resulting in injury or property damage to process a claim.
Driving Without Insurance in New Mexico
In New Mexico, drivers are required by law to have minimum liability coverage of 25/50/10: meaning $25,000 for bodily injury or death; $50,000 for total injury or death, and $10,000 for property damage.
Drivers who are found to be driving without insurance can be subject to fines and penalties as well as having their license suspended. They may also be held personally liable for any damages or injuries sustained in an accident for which they were at fault.
New Mexico’s Cap on Non-Economic Damages
While many states impose restrictions on non-economic damages in personal injury cases, New Mexico stands apart, allowing juries to award whatever amount they deem appropriate for pain and suffering.
If you have been injured in a car accident in New Mexico, contact one of the personal injury law firms to help you with your car accident claim. Call Goldberg & Loren today at or fill out the form for a free consultation.
Source
Chapter 41 – Torts – NMOneSource.com. (2023, February 21). Chapter 41 – Torts – NMOneSource.com. https://nmonesource.com/nmos/nmsa/en/item/4382/index.do#!fragment/zoupio-_Toc75957626/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgHYBWATi44BsAJgEBKADTJspQhACKiQrgCe0AORrxEQmFwIFS1Rq069IAMp5SAIVUAlAKIAZBwDUAggDkAwg-GkwACNoUnZRUSA
