Getting injured or involved in a traffic accident can be a traumatic experience, and New Mexico is a tort state for vehicle accidents. This essentially means that if you suffered injuries in an accident due to someone’s mistake or negligence, you could sue them for compensation. The first step is to file an insurance claim with their insurer. In this post, learn more about three key things for New Mexico car accident laws.
- The statute of limitations is three years. For the unversed, the statute of limitations sets the deadline for bringing a lawsuit against the at-fault party. In New Mexico, you have three years to file a car accident injury lawsuit, counting from the accident date. If a loved one lost their life in an accident and you wish to file a wrongful death claim, you have to do that within three years. For vehicle or other property damage, you have four years to file a case. Keep in mind that this deadline is for lawsuits and not insurance claims. You must inform the insurance company at the earliest and file a claim without delay.
- The comparative fault laws are claimant-friendly. If you were partly to blame for an accident, you could still sue the other party, provided you have evidence that they were at fault. In that context, the state follows the pure comparative fault rule. Even when you are more at fault, you can successfully file a lawsuit, but your fault share will impact the final compensation. Your compensation will be reduced by the fault share, which is measured in percentage. Remember that the other party can also choose to sue you.
- You should report the accident. Any driver involved in a car accident in New Mexico is required to report the incident, and this is true for all mishaps that result in the injury or death of any person. You should also report the accident to the police if there was property damage valued at $500 or more. You have to also file a written report to the New Mexico Department of Transportation, which should be done within five days.
If you don’t know whether you should file a claim or what you should expect in a settlement, you should consider hiring an attorney for the case without any further delay. Most attorneys will happily assist and work for you on a contingency fee.
