New Mexico's I-40 and I-25 meet in Albuquerque and carry long-haul trucks across the Southwest, and rural roads can be far from emergency care. New Mexico follows pure comparative fault and allows three years for most injury claims.
Is New Mexico a no-fault state?
No — New Mexico is an at-fault state. New Mexico is an at-fault state. The driver who caused the crash — through their liability insurer — is generally responsible for the injured person's losses. You can usually file a claim with that insurer, with your own insurer, or file a lawsuit.
New Mexico does not require PIP.
Learn more in our guide to what a no-fault state is.
How does shared fault work in New Mexico?
New Mexico follows pure comparative fault. If you were partly to blame, your compensation may be reduced by your share of fault, but you are not barred from recovering — even if your share is large.
For example, if a New Mexico jury decided you were 30% at fault, your compensation could be reduced by 30%. Because there is no cut-off, you may still recover something even if you were mostly to blame.
Read more: what comparative fault means.
How long do I have to file a car accident claim in New Mexico?
In New Mexico, the general deadline to file a personal injury lawsuit is three years from the date of the injury, with some exceptions.
Other deadlines can be much shorter. Your insurance policy may require prompt notice of the crash, PIP and uninsured-motorist claims can have their own timelines, and claims against a city, county or the State of New Mexico often need formal notice within months. Different rules can also apply to minors and wrongful death claims.
What are New Mexico's minimum car insurance requirements?
New Mexico requires drivers to carry at least $25,000 per person / $50,000 per accident for bodily injury, and $10,000 for property damage.
Minimum limits are often not enough to cover a serious injury. If the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage or PIP may help. See what to do if an uninsured driver hit you.
What should I do after a car accident in New Mexico?
Get safe, get medical care and protect your evidence. These steps apply anywhere in New Mexico:
- Call 911 if anyone is hurt, and move out of traffic if it's safe — especially on busy roads like I-25 or I-40.
- Call the police and ask how to get the crash report. New Mexico generally requires reporting crashes that cause injury, death or significant damage.
- Exchange names, insurance and plate numbers, and photograph the vehicles, the scene and your injuries.
- Get the names and phone numbers of witnesses.
- See a doctor promptly, even if you feel fine.
- Notify your own insurer, but be careful about giving the other driver's insurer a recorded statement.
- Talk to an independent New Mexico attorney before signing any release, keeping the three years deadline in mind.
Our full what to do after a car accident guide goes into more detail.
Where do car accidents happen in New Mexico?
Crashes happen everywhere, but traffic is heaviest in and around Albuquerque, Las Cruces, Rio Rancho, Santa Fe and Roswell. Major routes include I-25, I-40, I-10, US-550 and US-285. Our attorney-matching service covers every county in New Mexico.