What the New Mexico car accident statute of limitations means for you
The New Mexico car accident statute of limitations gives three years for injuries. Call free to check.
New Mexico uses pure comparative fault, so even a driver found mostly to blame can collect something. Injury lawsuits must start within three years, under NMSA 37-1-8. Damage to your car gets four years. A crash with a government vehicle needs written notice within 90 days.
The deadlines in New Mexico
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years | NMSA 37-1-8 |
| Car or property damage lawsuit | Four years | NMSA 37-1-4 |
| Notice to a public body | 90 days (suit within two years) | NMSA 41-4-16 and 41-4-15 |
| Wrongful death lawsuit | Three years from the death | NMSA 41-2-2 |
| Shared fault | Pure comparative, never a full bar | NMSA Chapter 41 notes |
| Minimum liability cover | $25,000 / $50,000 / $10,000 | New Mexico MVD |
The Tort Claims Act and other New Mexico exceptions
The Tort Claims Act covers harm caused by public workers. If a state car, city bus or school vehicle hit you, written notice must reach the right office within 90 days, under NMSA 41-4-16. The suit itself must be filed within two years, not three.
A minor, meaning a child under adult age, gets extra time. The deadline stretches so they have at least one year after coming of age, under NMSA 37-1-10. That stretch does not apply to Tort Claims Act suits.
Pure comparative fault in New Mexico
State courts adopted pure comparative negligence, as the official annotations to Chapter 41 note. Your award is cut by your share of the blame, but being mostly at fault never drops it to zero. Found 70 percent at fault, you still claim 30 percent.
Each driver also pays only their own share, which is called several liability.
Insurance limits on a New Mexico claim
Drivers here need at least $25,000 for one injured person and $50,000 per crash, plus $10,000 for property, according to the New Mexico MVD. Ten thousand dollars rarely covers a modern car.
This is an at-fault state. You claim against the other driver’s insurer and your own uninsured motorist cover may help if that driver has none.
When to call a New Mexico car accident lawyer
If a public vehicle was involved, call in the first few weeks so the 90-day notice goes out on time. Otherwise, talk with an attorney before you sign any release. The call is free and the fee comes only from a win.
Other states: Arizona, Colorado, Texas, Oklahoma, Utah or every state on one page.
New Mexico car accident statute of limitations questions
How long do I have to sue after a car accident in New Mexico?
Three years for injuries under NMSA 37-1-8 and four years for damage to your car.
Can I get money in New Mexico if the crash was mostly my fault?
Yes. New Mexico uses pure comparative fault, so your award shrinks by your share but is not wiped out.
What if a government vehicle hit me in New Mexico?
Send written notice within 90 days and file suit within two years. The notice goes to the office named in the law, such as the mayor or county clerk.
What is the minimum car insurance in New Mexico?
$25,000 per person, $50,000 per crash and $10,000 for property damage.
Before the clock runs out
New Mexico lets you recover even when you share most of the blame, so an early lowball offer may leave money behind. Call before you sign and a lawyer will check your deadline and the offer free.
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