Hurt in a NM Car Crash? Maximize Your Injury Claim

Comparative Fault in New Mexico

New Mexico uses a comparative fault system. You may recover damages even if you were partly responsible for the crash, but your compensation is reduced by your percentage of fault. See NMSA 1978, Section 41-3A-1.

Because fault allocations directly affect your recovery, careful documentation and timely follow-up are critical to protecting your claim.

Immediate Steps After a Crash

• Call 911 and get medical care, even if injuries seem minor.
• Report the collision to law enforcement and your insurer.
• Photograph vehicles, road conditions, traffic controls, and visible injuries.
• Collect names, contact details, and insurance information for drivers and witnesses.
• Preserve dashcam footage and any telematics data.
• Avoid discussing fault at the scene or on social media.

Build a Strong Evidence File

Insurers scrutinize evidence. Strengthen your claim with:

• Police reports
• Medical records and bills
• Proof of lost wages and benefits
• Photos and video
• Vehicle damage estimates
• Expert opinions (accident reconstruction, medical causation, life-care planning)
• A pain-and-limitations journal documenting daily impacts and missed activities

Medical Treatment and Causation

Follow-through matters. Attend all appointments, follow provider instructions, and avoid gaps in care. Keep a clean chain of records from initial evaluation through specialists and therapy. If you had prior conditions, speak with your providers about how the crash aggravated them. Insurers often contest whether treatment is reasonable, necessary, and crash-related—complete documentation helps connect the dots.

Dealing With Insurance Adjusters

• Expect early, low offers and requests for broad medical authorizations.
• Provide targeted records related to crash injuries rather than blanket access.
• Do not give a recorded statement without understanding your rights.
• Document all communications and confirm key points in writing.
• Review any release carefully before signing; a release typically ends your claims against the released parties.

Understanding Available Compensation

Depending on your case, recoverable damages may include medical expenses, future care, lost wages, diminished earning capacity, pain and suffering, loss of enjoyment of life, and property damage. In limited situations, punitive damages may be available when the at-fault party’s conduct was especially egregious.

New Mexico Insurance Basics

New Mexico requires drivers to carry liability insurance. See NMSA 1978, Section 66-5-205. Your policy may also include coverages that can help after a crash:

• UM/UIM (Uninsured/Underinsured Motorist): Insurers must offer UM/UIM coverage in New Mexico, and it can help if the at-fault driver lacks adequate insurance. See NMSA 1978, Section 66-5-301.
• MedPay: Optional coverage that can pay certain medical expenses regardless of fault.
• Collision: Optional coverage for vehicle repairs, subject to your deductible and policy terms.

Promptly notify all potentially applicable insurers to preserve benefits and avoid coverage disputes.

When a Government Entity Is Involved

Special notice rules and shorter timelines may apply to claims against state or local governments or their employees. See NMSA 1978, Section 41-4-16. If a road defect, government vehicle, or public employee contributed to the crash, consult a lawyer promptly.

Time Limits and Why Acting Quickly Matters

Legal deadlines apply to personal injury and property damage claims, and timelines can vary depending on the parties involved, the nature of the claim, and whether a government entity is implicated. Starting early helps preserve evidence, meet any notice requirements, and avoid missing a filing deadline.

How a Lawyer Can Help Maximize Your Claim

• Investigate liability and preserve critical evidence.
• Coordinate medical documentation and expert evaluations.
• Calculate full damages, including future care and wage loss.
• Negotiate with insurers and identify all available coverage.
• File and litigate your case if negotiations stall.

FAQ

Can I recover if I was partly at fault?

Yes. Your compensation is reduced by your percentage of fault under New Mexico’s comparative fault rule.

Should I give the insurer a recorded statement?

Not before you understand your rights. Consider speaking with an attorney first and keep communications in writing where possible.

What if the other driver has no insurance?

UM/UIM coverage may help pay your losses if the at-fault driver is uninsured or underinsured, depending on your policy.

How long do I have to file?

Deadlines vary by claim type and parties. Claims involving government entities can have short notice requirements. Act quickly to preserve rights.

References

• NMSA 1978, Section 41-3A-1 (Comparative fault)
• NMSA 1978, Section 41-4-16 (Tort Claims Act notice requirements)
• NMSA 1978, Section 66-5-205 (Mandatory financial responsibility)
• NMSA 1978, Section 66-5-301 (Uninsured motorist coverage—offer/rejection)

Get Help Now

If you were injured in a New Mexico car crash, our team can help you protect your rights and pursue full compensation. Contact us for a free consultation.

Disclaimer: This article provides general information about New Mexico law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and outcomes depend on specific facts—consult a qualified New Mexico attorney about your situation.