New Mexico Car Accidents

New Mexico car accident laws are designed to provide a framework for determining fault, liability, and compensation in the event of a car accident. New Mexico operates under a “fault” system when it comes to car accidents, meaning that the person responsible for causing the accident is also responsible for any resulting damages. This system contrasts with “no-fault” systems in which each party’s insurance covers their own injuries and damages regardless of who caused the accident. New Mexico has specific laws regarding personal injury protection (PIP) insurance, uninsured and underinsured motorist coverage, and the statute of limitations for filing car accident claims.

In New Mexico, determining fault and liability in a car accident is key for establishing who is responsible for compensating the injured party or parties. The state follows a system of comparative negligence, which means that each party involved in the accident can be assigned a percentage of fault based on their actions leading up to the collision. This percentage of fault directly impacts the amount of compensation that each party is entitled to receive.

New Mexico recognizes the concept of joint and several liability, which holds each party responsible for their share of the fault. This means that even if one party is found to be only partially at fault for the accident, they can still be held liable for the full amount of damages if the other party is unable to pay.

Personal Injury Protection insurance in New Mexico provides benefits for medical expenses, lost wages, and other related costs regardless of who was at fault in the accident. In New Mexico, PIP coverage is mandatory, and all drivers are required to carry a minimum amount of PIP insurance as part of their auto insurance policy.

PIP coverage can be beneficial in covering immediate medical expenses and lost income following a car accident, regardless of who was responsible for causing the collision. New Mexico imposes a statute of limitations on car accident claims, which dictates the time frame within which an injured party must file a lawsuit against the at-fault party to seek compensation for their injuries and damages. In New Mexico, the statute of limitations for personal injury claims, including those arising from car accidents, is three years from the date of the accident.

Failing to file a lawsuit within the statute of limitations could result in being barred from seeking compensation for your injuries, making it important to adhere to this legal requirement.

New Mexico’s adoption of comparative negligence has a significant impact on car accident cases within the state. Under this system, each party involved in an accident can be assigned a percentage of fault based on their actions leading up to the collision. This percentage directly affects the amount of compensation that each party is entitled to receive.

Uninsured and underinsured motorist coverage is a big component of car insurance in New Mexico, providing protection for individuals who are involved in accidents with drivers who either have no insurance or insufficient coverage to fully compensate for the damages incurred. While uninsured and underinsured motorist coverage is not mandatory in New Mexico, insurance companies are required to offer it to policyholders. Given the potential risks associated with sharing the road with uninsured or underinsured drivers, obtaining this coverage can provide valuable financial protection in the event of a car accident.

In a car accident? Reach out to our team at Davis Kelin to have your accident case reviewed today, 505-242-7200.