After a Santa Fe Wreck, Get a Personal Injury Ally

First Steps After a Santa Fe Crash

Your health comes first. Seek medical care immediately, even if symptoms seem minor – some injuries surface hours or days later. Call law enforcement to report the collision and request an official crash report. Exchange information and collect evidence: photos of vehicle positions and damage, road conditions, visible injuries, and contact information for witnesses. Notify your insurer promptly and be factual, but avoid recorded statements to the at-fault driver’s insurer until you’ve spoken with counsel. Keep a file of medical visits, time missed from work, repair estimates, and out-of-pocket expenses.

How New Mexico Handles Fault and Recovery

New Mexico follows pure comparative negligence. Your compensation may be reduced by your percentage of fault, but you can still recover even if you share responsibility. This doctrine was adopted by the New Mexico Supreme Court and is reflected in New Mexico’s comparative fault statute governing apportionment among parties [3] [1]. Insurers and courts weigh evidence like police reports, witness accounts, crash reconstruction, and medical records to allocate fault. Clear documentation – photos, prompt treatment, and consistent symptom reporting – can strengthen your claim.

What Compensation May Include

Compensable losses in a New Mexico car-crash case can include medical expenses, future treatment needs, lost wages, diminished earning capacity, property damage, and non-economic harms such as pain and suffering and loss of enjoyment of life, as reflected in New Mexico’s jury instructions [4]. Punitive damages may be available in limited circumstances involving reckless or willful conduct, but they are not available against governmental entities under the Tort Claims Act [6].

Insurance Claims vs. Lawsuits

Most cases start with a claim against the at-fault driver’s liability insurer and may also involve med-pay, uninsured/underinsured motorist (UM/UIM) coverage, or collision coverage under your own policy. If a fair resolution isn’t reached, a lawsuit may be filed in state court. Litigation can include formal discovery, depositions, expert evaluations, motion practice, and potentially trial. Settlement can occur at any stage.

Deadlines and Why Timing Matters

Deadlines are critical. In New Mexico, the statute of limitations for personal injury is generally three years from the date of the accident [7], and for property damage it is generally four years [8]. Claims involving governmental entities have shorter notice requirements – often written notice within 90 days under the Tort Claims Act – with specific rules and exceptions that can apply depending on the facts [5]. Because these time limits depend on your circumstances, consult counsel promptly to preserve your rights and evidence.

When a Government Vehicle or Road Condition Is Involved

Crashes involving a city, county, state agency, or public employee trigger special procedural rules, including advance notice provisions and damages limitations under the New Mexico Tort Claims Act [2] [5] [6]. Early investigation helps identify whether a governmental entity is implicated (for example, a crash with a public vehicle or allegations of negligent roadway maintenance) and ensures any required notices are timely and properly served.

How a Santa Fe Personal Injury Lawyer Helps

Your lawyer can coordinate medical documentation, preserve and analyze evidence, work with reconstructionists and medical experts, calculate damages, handle insurer communications, and negotiate on your behalf. If litigation is necessary, counsel files suit, manages discovery, and presents your case to a judge or jury. Local experience with Santa Fe courts and insurers can help set strategy and expectations.

What to Bring to Your Consultation

• Police report (or incident number) and photos
• Repair estimates or total-loss paperwork
• Medical records, bills, health insurance information
• Proof of wage loss and your auto policy declarations page
• A concise timeline of symptoms, treatments, and missed work

Many firms offer free initial consultations in crash cases. If you have questions now, reach out here.

Protecting Your Claim Today

• Follow your doctor’s orders and avoid gaps in treatment.
• Keep insurer communications brief and accurate; consider counsel before giving recorded statements.
• Do not post details about the crash or injuries on social media.
• Retain counsel early so vehicle data, surveillance, and witness statements are preserved and claims are filed within applicable deadlines.

FAQ

Can I recover if I was partly at fault?

Yes. Under New Mexico’s pure comparative negligence, your recovery is reduced by your percentage of fault, but you can still recover.

How long do I have to file?

Generally three years for personal injury and four years for property damage, with shorter notice deadlines for government-related claims.

Should I talk to the other driver’s insurer?

Provide only basic facts and avoid recorded statements until you speak with a lawyer.

What if the other driver is uninsured?

Your UM/UIM coverage may apply. A lawyer can help you navigate that process.

References

• [1] NMSA 1978, Section 41-3A-1 (Comparative fault)
• [2] New Mexico Tort Claims Act, NMSA 1978, Chapter 41, Article 4
• [3] Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981)
• [4] UJI 13-1807, Elements of damages – Personal injury
• [5] NMSA 1978, § 41-4-16 (Notice of claims)
• [6] NMSA 1978, § 41-4-19 (Limitations on damages; no punitive damages)
• [7] NMSA 1978, § 37-1-8 (Personal injury – 3 years)
• [8] NMSA 1978, § 37-1-4 (Injury to property – 4 years)

Disclaimer: This blog is for general information only and is not legal advice. New Mexico laws change and outcomes depend on specific facts. Reading this does not create an attorney-client relationship. Consult a licensed New Mexico attorney about your situation.