What to do after a car accident in New Mexico
Every rule below is quoted from New Mexico law or a state agency, with a link. Checked September 17, 2026.
At fault state
The short answer
New Mexico is an at fault state. The state requires drivers to carry liability insurance that pays the other driver when you cause a crash, and it does not require no fault personal injury protection. You must give notice of a crash right away, by the fastest means available, to local police if it happens in a municipality, or otherwise to the county sheriff or state police, if anyone is injured or killed, or if property damage is $500 or more. You have 3 years from the crash to file a lawsuit for your injuries.
Deadlines in New Mexico
- 3 years
- to sue for injuriesNMSA 1978, Section 37-1-8
- 4 years
- to sue for car or property damageNMSA 1978, Section 37-1-4
- 3 years
- for a family to sue after a deathNMSA 1978, Section 41-2-2
- 90 days
- to notify the government if a public vehicle or road was involvedNMSA 1978, Section 41-4-16(A), Tort Claims Act
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
If anyone is hurt or killed, or a vehicle is damaged, you must stop right at the scene or as close as possible, and give your name, address and vehicle registration number, show your driver's license if asked, and give reasonable help to anyone injured, including arranging a ride to get medical care if it is needed.
“shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary”
When you must call the police
You must give notice of a crash right away, by the fastest means available, to local police if it happens in a municipality, or otherwise to the county sheriff or state police, if anyone is injured or killed, or if property damage is $500 or more.
“The driver of a vehicle involved in an accident resulting in bodily injury to or death of any person or property damage to an apparent extent of five hundred dollars ($500) or more shall immediately, by the quickest means of communication, give notice of the accident to the police department if the accident occurs within a municipality; otherwise to the office of the county sheriff or the nearest office of the New Mexico state police.”
In the days after
Whether you must file a report yourself
A driver in a crash with injury or death, or property damage of $500 or more, must send a written report of the crash to the Department of Transportation within 5 days. If a law enforcement officer investigates the same crash, the officer must also forward a written report within 24 hours of finishing the investigation.
“The driver of a vehicle involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500) or more shall, within five days after the accident, forward a written report of the accident to the department of transportation.”
Getting a copy of the crash report
Request a New Mexico crash report through the Department of Public Safety Law Enforcement Records Bureau Records Request Portal. Physical copies cost 1 dollar for the first page, 25 cents for each additional page, and $6 75 cents for a disc. Reports involving a fatality are kept for 25 years, and reports without a fatality, such as hit and runs or property damage crashes, are kept for 10 years.
“Physical copies of records provided in person, by mail, or by fax are subject to a copy fee of: $1.00 for the first page, $0.25 for each subsequent page, $6.75 for discs.”
Who pays for the damage
New Mexico is an at fault state. The state requires drivers to carry liability insurance that pays the other driver when you cause a crash, and it does not require no fault personal injury protection.
“In New Mexico, drivers are expected to operate their motor vehicles with a minimum of liability auto insurance.”
Insurance rules in New Mexico
What insurance every driver must carry
New Mexico drivers must carry at least $25,000 per person and $50,000 per accident for bodily injury, and $10,000 for property damage.
“$25,000 for bodily injury to or death of one person, $50,000 for bodily injury to or death of two or more persons, and $10,000 for property damage in any one accident”
Personal injury protection (PIP)
No. New Mexico does not require drivers to carry personal injury protection. The state requires liability insurance instead.
“No owner shall permit the operation of an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to the department is not currently valid, upon the streets or highways of New Mexico”
If the other driver has no insurance
Uninsured motorist coverage is required on every New Mexico auto liability policy, at least up to the state's minimum liability limits, though the insured can reject it.
“No motor vehicle or automobile liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person and for injury to or destruction of property of others arising out of the ownership, maintenance or use of a motor vehicle shall be delivered or issued for delivery in New Mexico”
If an insurance company treats you unfairly
File a complaint against an insurance company with the New Mexico Office of Superintendent of Insurance. Home, auto and life insurance complaints use the Home, Auto and Life Insurance Related Complaint Form. Contact the company first and gather your policy information before filing.
“Contact your insurance company and request an explanation.”
The deadline rules, word for word
Deadline to sue for injuries
You have 3 years from the crash to file a lawsuit for your injuries.
“for an injury to the person or reputation of any person, within three years”
Deadline to sue for car damage
You have 4 years to sue over damage to your vehicle or other property from the crash.
“those brought for injuries to property or for the conversion of personal property or for relief upon the ground of fraud, and all other actions not herein otherwise provided for and specified within four years”
Deadline for a wrongful death claim
Family members have 3 years from the date of death to file a wrongful death lawsuit.
“Every action instituted by virtue of the provisions of this and the preceding section [41-2-1 NMSA 1978] must be brought within three years after the cause of action accrues. The cause of action accrues as of the date of death.”
If a government vehicle or road was involved
If a state or local government vehicle or road was involved, you must present a written notice of claim within 90 days after the crash.
“within ninety days after an occurrence giving rise to a claim for which immunity has been waived under the Tort Claims Act, a written notice stating the time, place and circumstances of the loss or injury”
Sources on this page
Each one was opened and checked on September 17, 2026.
- NMSA 1978, Motor Vehicle Financial Responsibility Act; MVD Driver Procedures Manual Chapter 11
- Motor Vehicle Financial Responsibility Act; MVD Driver Procedures Manual Chapter 11
- Scott v. Rizzo, 1981-NMSC-021, 96 N.M. 682, 634 P.2d 1234, adopting Claymore v. City of Albuquerque
- NMSA 1978, Section 37-1-8
- NMSA 1978, Section 41-2-2
- NMSA 1978, Section 66-7-206
- NM DPS Law Enforcement Records Bureau
- NM Office of Superintendent of Insurance
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.