After a car crash, New Mexico law decides who pays and how long you have to act. When a driver is at fault, that driver’s insurance company pays the other person’s losses, up to the policy limits.
Zinda Law Group offers a free case review of your car accident at (800) 863-5312. You pay nothing unless we win.
Article summary
Key things to know
- The state uses an at-fault system. The insurer of the driver found at fault pays, up to the policy limits.
- Fault can be shared. Partial fault reduces your recovery and does not bar it.
- An injury lawsuit, a vehicle damage claim and a claim against a government body each have their own deadline.
- Liability policies must cover at least $25,000 for one injured person.
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What a car accident lawyer does for you
A car accident attorney investigates the crash, deals with the insurance adjusters and puts a value on the claim. When someone was hurt, a car accident claim is a personal injury claim. Our New Mexico personal injury page covers injury claims of every kind.
Your legal team gathers the police report, witness statements and medical records. Then it handles the insurance negotiations while you focus on medical care.
If the insurance company will not offer fair compensation, a lawsuit is the next step. Our national car accident lawyer page covers car accident cases in the other states we serve.
How New Mexico law treats fault
The state follows a pure comparative negligence rule. If you were partly to blame, your recovery is reduced by your share of fault. Being partly at fault does not bar the claim.
The rule comes from Scott v. Rizzo (1981). When more than one driver is at fault, each generally pays only its own share.
Determining fault starts with evidence. Photos and witness statements help prove liability. A lawyer can act early to preserve evidence such as video.
Car insurance requirements and coverage
State law requires a vehicle driven on public roads to be insured or covered by other evidence of financial responsibility. The minimum liability coverage is $25,000 for bodily injury to or death of one person, $50,000 for two or more people in one accident and $10,000 for property damage. These are minimums, not a cap on what an injured person can claim.
Uninsured and underinsured drivers
An auto liability policy must include uninsured motorist coverage unless the named insured rejects it. By statute that coverage includes underinsured motorist coverage. It can apply when the at-fault driver has no insurance, too little insurance or is never identified.
Deadlines for car accident claims
The statute of limitations is the time limit to file a personal injury lawsuit. An injury claim and a claim for vehicle damage have different limits.
| Claim | General deadline | Source |
|---|---|---|
| Injury to a person | Generally three years to file a lawsuit | NMSA 1978, 37-1-8 |
| Damage to a vehicle or other property | Generally four years | NMSA 1978, 37-1-4 |
| Claim against a state or local government body | Generally written notice within 90 days and a lawsuit within two years | NMSA 1978, 41-4-16 and 41-4-15 |
| Wrongful death | Generally three years from the death | NMSA 1978, 41-2-2 |
These are general rules as of October 2026, and each has exceptions. Our New Mexico wrongful death page covers claims after a fatal crash.
Filing deadlines
Questions about how much time you have?
How car accidents happen on the state’s roads
The state reported 45,042 traffic crashes on public roads in 2024. Those crashes injured 19,244 people and killed 444, according to the Department of Transportation’s annual crash report, published in February 2026.
Rear end accidents, multi vehicle collisions and rollovers each raise their own questions of fault.
Drunk driving
Alcohol was involved in 5 percent of crashes and 40 percent of crash deaths in 2024.
If you were hit by a drunk driver, a bar or restaurant that served that driver while intoxicated can share liability, when the intoxication was reasonably apparent and the licensee knew it. Our New Mexico dram shop page covers those claims.
Hit and run crashes
Hit and run crashes were 19 percent of all crashes in 2024. A driver in a crash that injures or kills someone must stop, stay at the scene and give reasonable help to anyone injured.
When the responsible driver is never found, you may still pursue compensation through your own uninsured motorist coverage.
Pedestrian and bicycle accidents
On average in 2024, a pedestrian was hit by a motor vehicle every 12 hours and a bicyclist every 24 hours. A driver’s negligence is weighed against the pedestrian’s own conduct, and the pedestrian can pursue compensation for the driver’s share.
Our Santa Fe bicycle accident page covers crashes with cyclists in that city.
Rideshare accidents
Under the state’s rideshare law, liability insurance is required while a driver is logged on to the app and waiting for a ride. The minimums are $50,000 per person and $100,000 per incident for death and bodily injury, plus $25,000 for property damage. At least $1,000,000 is required while the driver is engaged in a prearranged ride.
For Uber and Lyft crashes in Las Cruces, see our Las Cruces rideshare accident page.
Delivery driver accidents
A delivery driver on the clock can make the delivery company share the liability with the driver. Crashes with delivery drivers in Albuquerque have their own Albuquerque pizza delivery accident page.
Distracted driving
The same report lists driver inattention as a contributing factor in 17 percent of crashes. State law targets one kind of distracted driving. A driver generally may not read or type a text message on a handheld device while driving.
What to do after a car crash
- Call the police. A crash with an injury, a death or apparent damage of $500 or more to property must be reported right away.
- Get medical care. See a doctor even with no visible injuries.
- Document the scene. Photograph the vehicles and the road.
- Send the written report. The driver must also send a written report to the Department of Transportation within five days.
- Wait on recorded statements. Talk to a lawyer before you give the other driver’s insurance company a statement.
Our five things to do article goes through the first days after a wreck in this state.
Car accident injuries and compensation
Car accident injuries range from soft tissue injuries to traumatic brain injuries. Joint injuries, head injuries and internal injuries also appear in these claims. Serious injuries can cost more than a liability policy covers.
If you suffered injuries because of someone else’s negligence, you can pursue compensation from that driver’s insurer through a personal injury claim. A person sustaining injuries can claim these losses.
- medical bills and future medical care
- lost wages
- vehicle repairs
- pain and suffering
How insurance companies handle car accident claims
Insurance adjusters work for the insurance company and not for you. Car accident victims may hear from one within days of the crash. An adjuster may make an offer before your medical treatment ends, which can leave out care you have not had yet.
A car accident attorney weighs each offer against your medical expenses, your lost wages and what a jury could award. Then you know whether it is fair compensation.
The insurance company can call on its own legal counsel. Legal representation gives accident victims the same help with the legal system. If talks fail, your legal team can take legal action in court before the deadline.
When you are ready
Talk through the next step.
Car accident lawyers in New Mexico cities
Each of these cities has its own car accident page.
The Albuquerque injury lawyers and Las Cruces injury lawyers pages cover claims that did not involve a car. So does the Santa Fe injury lawyers page.
A free consultation with our car accident lawyers
A car accident claim with Zinda Law Group starts with a free case evaluation. We explain the legal process and your options.
If you hire us, our car accident attorneys deal with the insurance company and seek compensation for your losses. At Zinda Law Group, you pay nothing unless we win your case.
