# New Mexico car accident law: deadlines, fault and your claim > New Mexico car accident claims: the 3-year injury deadline, pure comparative fault, 90-day notice for government claims, crash reports and insurance. Canonical page: https://accidentclaimfacts.com/location/new-mexico/ Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team General information, not legal advice. Talk to a licensed attorney in your state. ## Quick answer In New Mexico you generally have 3 years to file a lawsuit for crash injuries, 4 years for vehicle damage, and 3 years from the date of death for wrongful death. New Mexico uses pure comparative fault: you can recover even if you were mostly at fault, with your damages cut by your share. Claims against a government body are different: they need a written notice stating the time, place and circumstances of the loss or injury within 90 days, and the lawsuit deadline is only 2 years. ## Key facts | Fact | Detail | Note | |---|---|---| | Injury lawsuit deadline | 3 years | N.M. Stat. Ann. § 37-1-8 | | Vehicle damage deadline | 4 years | N.M. Stat. Ann. § 37-1-4 | | Wrongful death deadline | 3 years, from the date of death | N.M. Stat. Ann. § 41-2-2 | | Fault rule | Pure comparative: no bar | Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981) | | Notice to a government body | 90 days | Tort Claims Act | | Minimum liability insurance | $25,000 / $50,000 / $10,000 | Per person / per crash / property | | Insurance system | At-fault | Personal injury protection: Not required | | Uninsured drivers, 2023 | 24.1% | US: 15.4% | | Traffic deaths, 2024 | 409 | IIHS | ## Filing deadlines in New Mexico New Mexico's statute of limitations depends on what you are claiming for. Injury lawsuits have 3 years, while damage to a vehicle has a longer period, 4 years. | Claim | Deadline | Law | |---|---|---| | Personal injury | 3 years | N.M. Stat. Ann. § 37-1-8 | | Damage to your vehicle or other property | 4 years | N.M. Stat. Ann. § 37-1-4 | | Wrongful death | 3 years from the date of death | N.M. Stat. Ann. § 41-2-2 | | Claim against a government body | Notice within 90 days; suit within 2 years | NMSA 41-4-15 and 41-4-16 | Children get extra time under NMSA 37-1-10: the deadline is extended so that an injured child has one year after reaching adulthood to sue. This is a form of tolling. The rule is stricter for government claims: under the Tort Claims Act, a child under 7 has until their ninth birthday to file, and other children get no extra time. For a crash with a state vehicle, a city bus or a county truck, the Tort Claims Act requires a written notice stating the time, place and circumstances of the loss or injury within 90 days. It goes to the Risk Management Division for a state claim, the mayor for a city, the county clerk for a county, or the administrative head of another local public body. Without that notice of claim, a court cannot hear the case unless the government body already had actual notice of the occurrence, and courts read that exception narrowly. > **Warning:** Talking with an insurer does not pause any of these deadlines. If a claim is still open as the deadline nears, a lawsuit may need to be filed to protect it. ## How fault is shared in New Mexico New Mexico's Supreme Court adopted pure comparative fault in Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981). Each person's share of fault is set as a percentage, and your damages are reduced by your share. Unlike most states, there is no cut-off: a driver who was 70% at fault can still recover 30% of their damages. > **Example:** A driver on I-25 near Albuquerque changes lanes without looking and is hit by a car going well over the speed limit. A jury finds the lane-changer 60% at fault and the speeder 40%. The lane-changer can still recover 40% of their proven damages, and the speeder can recover 60% of theirs from the lane-changer. Because both sides may recover, each driver's insurer usually argues over the percentages. The [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=nm&fault=20#fault) shows how pure comparative fault differs from the rules in neighboring states. ## Insurance in New Mexico New Mexico is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Drivers must carry at least $25,000 per person and $50,000 per crash for injuries, plus $10,000 for property damage. New Mexico does not require personal injury protection (PIP). Uninsured drivers are a real risk. The Insurance Information Institute estimates that 24.1% of New Mexico drivers were uninsured in 2023, one of the highest shares in the country and well above the national 15.4%. - **Uninsured motorist coverage.** Must be included at the state minimums or higher; the named insured can reject it. - **Underinsured motorist coverage.** Included in uninsured motorist coverage; can be rejected with it. If you were hit by a driver with no insurance, your own policy may be the main source of payment; see our guide to [uninsured driver accidents](https://accidentclaimfacts.com/accidents/uninsured-driver-accidents/). The New Mexico Office of Superintendent of Insurance takes insurance questions and complaints at 855-427-5674. ## After a crash in New Mexico New Mexico law requires drivers to notify the city police, the county sheriff or the nearest State Police office right away after a crash that injures or kills someone or causes apparent property damage of $500 or more (NMSA 66-7-206). Inside a city, the call goes to the city police; elsewhere, to the sheriff or the State Police. Within 5 days after the crash, the driver must also send a written report to the New Mexico Department of Transportation when the crash meets the same injury or $500 damage test (NMSA 66-7-207). An officer who investigates must send a separate report within 24 hours after finishing the investigation. The reports drivers file are for the confidential use of the state transportation department and other agencies, and generally cannot be used as evidence at trial. For the officer's crash report from the State Police, request a copy through the Department of Public Safety's online records request portal, with no fee for records delivered electronically. City police and sheriff's offices keep their own reports. Our guide to the [police report](https://accidentclaimfacts.com/claim-process/police-report/) explains what to check in it. ## Special rules in New Mexico **Liquor liability.** New Mexico's dram shop law lets a crash victim sue a licensed bar or store only if it sold or served alcohol to a person who was intoxicated, when it was reasonably apparent and the seller knew from the circumstances that the person was intoxicated (NMSA 41-11-1). A customer who was served while intoxicated faces a higher bar to sue the seller: gross negligence and reckless disregard for their safety. **Claims against government.** The Tort Claims Act waives sovereign immunity for injuries, deaths and property damage caused by a public employee's negligent operation or maintenance of a motor vehicle (NMSA 41-4-5). Those claims come with the short notice period and the 2 years deadline to sue described above, and a judgment against a government body cannot include punitive damages (NMSA 41-4-19). ## Crashes on New Mexico roads The Insurance Institute for Highway Safety counted 409 crash deaths in New Mexico in 2024. That is 19.2 per 100,000 people, far above the national rate of 11.5 per 100,000 people. Speeding was a factor in 36% of deaths, and 64% happened on rural roads. ## Finding a lawyer in New Mexico The State Bar of New Mexico points the public to its [online attorney directory](https://www.sbnm.org/For-Public/I-Need-a-Lawyer/Online-Bar-Directory), which you can search by practice area. For people with lower incomes, its [Modest Means Helpline](https://www.sbnm.org/For-Public/Modest-Means-Helpline) is a civil legal telephone helpline and pro bono referral service for New Mexico residents of modest means, up to 500% of federal poverty guidelines. Before hiring a lawyer, confirm they are licensed in New Mexico; our guide to [checking a lawyer's license](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-license/) explains how. Our guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) covers other ways to find one. ## FAQ ### What is the statute of limitations for a car accident in New Mexico? Generally 3 years for injuries and 4 years for vehicle damage. A wrongful death claim has 3 years from the date of death. Claims against a government body need a notice within 90 days and a lawsuit within 2 years. ### Is New Mexico a no-fault state? No. New Mexico is an at-fault state, and PIP is not required. The driver who caused the crash is responsible for the losses, usually through their liability insurance. ### Can I recover if I was partly at fault in New Mexico? Yes, even if you were mostly at fault. Under pure comparative fault, your damages are reduced by your share, but there is no cut-off percentage. ### Do I have to report a car accident in New Mexico? Yes, if anyone was hurt or killed or property damage appears to be $500 or more. Notify law enforcement right away, then send a written report to the Department of Transportation within 5 days. ### How do I get a New Mexico State Police crash report? Request it through the Department of Public Safety's online records request portal, with no fee for records delivered electronically. For crashes handled by a city police department or sheriff's office, ask that agency. ### What if the driver who hit me had no insurance? Your own uninsured motorist coverage may pay, unless it was rejected. New Mexico has one of the highest shares of uninsured drivers in the country, at 24.1% in 2023. ## Sources - [New Mexico Department of Public Safety, Law Enforcement Records Bureau](https://www.dps.nm.gov/law-enforcement-records-bureau/) — State Police accident report requests - [State Bar of New Mexico, For the Public](https://www.sbnm.org/For-Public) — attorney directory and Modest Means Helpline - [Justia (2025 New Mexico Statutes), NMSA 1978 § 37-1-8](https://law.justia.com/codes/new-mexico/chapter-37/article-1/section-37-1-8/), checked October 29, 2026 - [Justia (2025 New Mexico Statutes), NMSA 1978 § 37-1-4](https://law.justia.com/codes/new-mexico/chapter-37/article-1/section-37-1-4/), checked October 29, 2026 - [Justia (2025 New Mexico Statutes), NMSA 1978 § 41-2-2](https://law.justia.com/codes/new-mexico/chapter-41/article-2/section-41-2-2/), checked October 29, 2026 - [Justia (2025 New Mexico Statutes), NMSA 1978 § 41-4-16](https://law.justia.com/codes/new-mexico/chapter-41/article-4/section-41-4-16/), checked October 29, 2026 - [Justia (2025 New Mexico Statutes), NMSA 1978 § 41-4-15](https://law.justia.com/codes/new-mexico/chapter-41/article-4/section-41-4-15/), checked October 29, 2026 - [New Mexico Supreme Court, Scott v. Rizzo, 96 N.M. 682 (1981) (Caselaw Access Project text)](https://cite.case.law/nm/96/682/), checked October 29, 2026 - [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026 - [Justia (2025 New Mexico Statutes), NMSA 1978 § 37-1-10](https://law.justia.com/codes/new-mexico/chapter-37/article-1/section-37-1-10/), checked October 29, 2026 - [Justia (2025 New Mexico Statutes), NMSA 1978 § 66-7-206](https://law.justia.com/codes/new-mexico/chapter-66/article-7/part-3/section-66-7-206/), checked October 29, 2026 - [Justia (2025 New Mexico Statutes), NMSA 1978 § 66-7-207](https://law.justia.com/codes/new-mexico/chapter-66/article-7/part-3/section-66-7-207/), checked October 29, 2026 - [Justia (2025 New Mexico Statutes), NMSA 1978 § 66-7-213](https://law.justia.com/codes/new-mexico/chapter-66/article-7/part-3/section-66-7-213/), checked October 29, 2026 - [Justia (2025 New Mexico Statutes), NMSA 1978 § 41-11-1](https://law.justia.com/codes/new-mexico/chapter-41/article-11/section-41-11-1/), checked October 29, 2026 - [Justia (2025 New Mexico Statutes), NMSA 1978 § 41-4-5](https://law.justia.com/codes/new-mexico/chapter-41/article-4/section-41-4-5/), checked October 29, 2026 - [Justia (2025 New Mexico Statutes), NMSA 1978 § 41-4-19](https://law.justia.com/codes/new-mexico/chapter-41/article-4/section-41-4-19/), checked October 29, 2026 - [New Mexico Motor Vehicle Division, Insurance](https://www.mvd.newmexico.gov/vehicles/insurance/), checked October 28, 2026 - [Insurance Information Institute, Background on: No-fault auto insurance](https://www.iii.org/article/background-on-no-fault-auto-insurance), checked October 28, 2026 - [Insurance Information Institute, Background on: Compulsory auto/uninsured motorists (financial responsibility limits by state table)](https://www.iii.org/article/background-on-compulsory-auto-uninsured-motorists), checked October 28, 2026 - [New Mexico Legislature, 2025 House Bill 97 (shows current text of NMSA 66-5-301)](https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0097.PDF), checked October 28, 2026 - [New Mexico Office of Superintendent of Insurance, Auto insurance](https://osi.state.nm.us/en/consumer-assistance/insurance-types/auto/), checked October 28, 2026 - [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026