Skip navigation
Car Accident Settlement Call(833) 716-6705

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

New Mexico time limits after a car crash
WhatTime limitLaw
Injury lawsuitThree yearsNMSA 37-1-8
Car or property damage lawsuitFour yearsNMSA 37-1-4
Notice to a public body90 days (suit within two years)NMSA 41-4-16 and 41-4-15
Wrongful death lawsuitThree years from the deathNMSA 41-2-2
Shared faultPure comparative, never a full barNMSA Chapter 41 notes
Minimum liability cover$25,000 / $50,000 / $10,000New 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.

Call about my deadline(833) 716-6705

We pick up 24/7, go over your crash free and connect a car accident lawyer with no fee unless you win.

Rather have a lawyer call you?

Signed anything from the insurer?