Car Accident Claims in New Mexico

The driver in a crash causing bodily injury or death, or apparent property damage of $500 or more, must immediately, by the quickest means available, notify the police department if the crash is inside a city or town, or otherwise the county sheriff or the nearest New Mexico State Police office. If the driver cannot, a capable passenger must give the notice. For a driverless autonomous vehicle, the owner (or someone acting for the owner) must give the notice.

The driver in a crash causing bodily injury or death, or total apparent property damage of $500 or more, must send a written report of the crash to the New Mexico Department of Transportation within five days. The department may require supplemental reports and reports from witnesses. Officers who investigate such crashes also send their reports to the Department of Transportation within 24 hours after finishing the investigation.

A driver in a crash causing injury, death or damage to an attended vehicle must stop at or as close to the scene as possible and stay until they have given their name, address and vehicle registration number, shown their license if asked, and given reasonable help to anyone injured (including arranging transport for treatment). Failing to do so when the crash causes great bodily harm or death is a fourth-degree felony, or a third-degree felony if done knowingly; when there is no great bodily harm or death, it is a misdemeanor. The license is revoked on conviction for an injury or death crash. Leaving a crash that damaged only an attended vehicle is a misdemeanor. For an unattended vehicle, the driver must find the owner or leave a written note.

No owner may allow, and no person may drive, an uninsured vehicle on New Mexico streets or highways. Required evidence of financial responsibility is at least $25,000 per person and $50,000 per accident for bodily injury and $10,000 for property damage (or a $60,000 bond or cash deposit).

New Mexico uses comparative fault. By statute, in cases where comparative fault applies, liability is generally several: each defendant pays only the share of damages equal to its percentage of the total fault attributed to all persons, including plaintiffs and non-parties, with joint and several liability kept for intentional wrongdoers, vicarious liability, strict product liability and certain other situations.

Three years for an action for an injury to the person.

Four years for actions for injuries to property or conversion of personal property.