New Mexico car accident settlement calculator

New Mexico filing deadlines

Source is NMOneSource (New Mexico Compilation Commission, official NMSA), chapter 37 and chapter 41 documents. Property damage: 'those brought for injuries to property... within four years' (37-1-4). Wrongful death: 'must be brought within three years after the cause of action accrues. The cause of action accrues as of the date of death' (41-2-2). Tort Claims Act notice: 'within ninety days after an occurrence giving rise to a claim'; actual notice by the government can excuse written notice (41-4-16(B)).

If you were partly at fault

New Mexico follows pure comparative negligence. Your damages are reduced by your percentage of fault, and you can recover something even if you were mostly to blame.

• With $100,000 in damages and 30% of the fault, you would recover $70,000.
• With 55% of the fault, you would recover $45,000.

Statute 41-3A-1 abolishes joint and several liability in most comparative fault cases, apportioning by 'the total fault attributed to all persons, including plaintiffs'. Plaintiff recovers at any fault level, reduced by own percentage.

Source: Scott v. Rizzo, 1981-NMSC-021, 96 N.M. 682 (adopting pure comparative negligence); NMSA 1978, 41-3A-1 (several liability by ratio of fault, including plaintiffs). Compare all states in the comparative negligence table.

At-fault (tort) state

In New Mexico the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.

Tort state; no PIP requirement.

Minimum car insurance in New Mexico

$25,000 per person and $50,000 per accident for injuries, $10,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Under current 66-5-301, UM must be offered and may be rejected in writing.

Damage caps

New Mexico does not cap pain and suffering in ordinary car accident cases.

Dog bite law

One-bite rule (no strict liability statute). No New Mexico statute imposing strict civil liability for dog bites was identified; liability follows common law scienter (known dangerous propensity) or ordinary negligence.

Source: No civil dog-bite strict liability statute; common law (owner liable if it knew or should have known of the animal's dangerous propensity); Dangerous Dog Act, NMSA 1978, 77-1A-1 et seq. is regulatory/criminal. Estimate a claim with the dog bite calculator.