WheelsAccident Advice

New Mexico (NM)

New Mexico car accident laws

By Serdar Arslan, editor · Last reviewed · How we research

Five days after a crash with injury, death or apparent property damage of $500 or more, a New Mexico driver's written report is generally due at the New Mexico Department of Transportation. Copies of the Uniform Crash Report can be requested from NMDOT's Traffic Records System, which can take up to 15 business days.

A government notice deadline is nearly as tight. Under the Tort Claims Act, written notice to the public entity is generally due within 90 days of the crash, or 6 months for wrongful death, unless the entity already had actual notice. Against private parties, the clocks are longer: 3 years for injury and wrongful death, 4 years for vehicle damage. New Mexico uses pure comparative fault under Scott v. Rizzo, so even a driver who was mostly at fault can recover a reduced share. Liability minimums are 25/50/10. In 2024, 409 people died on New Mexico roads.

Key rules at a glance

Personal injury filing deadline
3 years from the date of injury in most cases
Property damage deadline
4 years for claims for injury to property, such as vehicle damage
Wrongful death deadline
3 years from the date of death
Claims against a government entity
Under the Tort Claims Act, written notice to the government entity generally must be given within 90 days of the crash (6 months for wrongful death claims). Exceptions exist, such as when the entity already had actual notice.
Fault rule
Pure comparative fault: Your damages are reduced by your share of fault, but you can still recover something even if you were mostly at fault.
Insurance system
At-fault (tort)
Minimum liability insurance
$25,000 per person / $50,000 per accident bodily injury; $10,000 property damage
Uninsured motorist coverage
Not required (usually offered; you may reject it in writing)
Damage caps
No general cap on damages in ordinary car accident cases against private parties. Claims against government entities under the Tort Claims Act have statutory limits, and medical malpractice has separate caps.
Reporting a crash
If a crash causes injury, death, or apparent property damage of $500 or more, the driver generally must send a written report to the New Mexico Department of Transportation within 5 days.

Getting your crash report in New Mexico

Ask the law enforcement agency that handled the crash, or request a copy of the Uniform Crash Report from NMDOT's Traffic Records System using its online request form (allow up to 15 business days; fees may apply). Official request page

Checking a New Mexico lawyer

Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.

409 people died in motor vehicle crashes in New Mexico in 2024, according to NHTSA FARS, as compiled by IIHS.

Frequently asked questions

›How many days do I have to report a crash in New Mexico?

Five. If a crash causes injury, death, or apparent property damage of $500 or more, the driver generally must send a written report to the New Mexico Department of Transportation within 5 days (N.M. Stat. Ann. § 66-7-207).

›What is the 90-day notice rule for claims against the government?

Under the Tort Claims Act, written notice to the government entity generally must be given within 90 days of the crash, or 6 months for wrongful death claims (N.M. Stat. Ann. § 41-4-16). Exceptions exist, such as when the entity already had actual notice.

›Can I recover in New Mexico if I was mostly at fault?

Yes. New Mexico uses pure comparative fault, so your damages are reduced by your share of fault but you can still recover something (Scott v. Rizzo, 1981-NMSC-021).

›How long can I wait to file a lawsuit?

Generally 3 years from the date of injury (N.M. Stat. Ann. § 37-1-8) and 3 years from the date of death for wrongful death (§ 41-2-2). Vehicle damage claims generally have 4 years (§ 37-1-4).

›How do I get a Uniform Crash Report?

Ask the law enforcement agency that handled the crash, or use NMDOT's Traffic Records System online request form. Allow up to 15 business days, and fees may apply.

Sources

  1. N.M. Stat. § 37-1-8 (personal injury limitation)
  2. N.M. Stat. § 37-1-4 (property damage limitation)
  3. N.M. Stat. § 41-2-2 (wrongful death limitation)
  4. N.M. Stat. § 41-4-16 (Tort Claims Act notice)
  5. Scott v. Rizzo, 1981-NMSC-021 (NMOneSource)
  6. New Mexico Legislature – 2025 HB 97 (text of § 66-5-208)
  7. New Mexico Legislature – 2024 HB 186 (text of § 66-7-207)
  8. NMDOT – Crash Data Request Form
  9. State Bar of New Mexico – Modest Means Helpline
  10. IIHS – Fatality statistics by state (FARS data)