What Are My Legal Rights After a New Mexico Car Accident? (2025 Guide)

Being in a car accident can be a scary experience. The first few minutes afterward can become a blur. With emotions running high, not to mention potential injuries, it’s important to know how to proceed after the accident. You might also find yourself wondering, “What are my legal rights after a New Mexico car accident?”

Understanding your rights and how to proceed after a car accident is crucial. A car accident lawyer understands how to help you navigate this difficult time.

New Mexico Car Accident Laws

In 2024, there were 420 fatalities due to car accidents in New Mexico. Beyond fatalities, car accidents can cause devastating injuries that can affect the victim for years to come. If you get into a car accident, it’s important to understand New Mexico car accident laws.

Immediately following an accident, both drivers must stop at the scene or as close as they can to avoid obstructing traffic. Failing to stop can be seen as a felony if there was a serious injury, death, or a misdemeanor.

Both drivers must exchange information, including their name, address, and registration number, and provide aid to those who are injured. Offering to call an ambulance or taking the injured person to the hospital can satisfy that requirement.

If the accident caused $500 or more in damage, then police must be notified, according to New Mexico car accident law. If the driver is unable to notify the police, a passenger will need to do so. Someone who doesn’t report a car accident over $500 could be charged with a misdemeanor and be fined $300.

If you’ve been in a car accident, contacting a car accident lawyer is vital. They can help you navigate the complex car accident laws and protect your rights.

Compensation for Car Accidents

New Mexico has specific laws that help determine the types of damages you could receive for a car accident. The most common are for:

• Property damage
• Medical expenses
• Lost wages
• Punitive damages
• Pain and suffering

Speak to a car accident lawyer to help you determine what type of damages you might be entitled to. The causes of crashes can vary greatly, but many occur at intersections due to right-of-way errors.

Hire a Car Accident Lawyer

Attempting to navigate the legal system is always daunting, but after a car accident, you might be wondering how a lawyer could help you. An experienced car accident lawyer has the ability to:

• Communicate with the other driver’s insurance on your behalf
• Collect evidence, including speaking with witnesses, to help determine who’s at fault
• Collect and organize medical documentation and bills
• File claim documentation on time and in the correct places
• Organize the evidence to prepare a solid case on your behalf
• Negotiate with lien-holders on your claim to help reduce the lien amount
• Negotiate for a settlement that is satisfactory and fair

Choose Youngers Law

When trying to decide on a lawyer, it’s important to take their experience with car accidents into account. You’ll want to work with a lawyer who you’re comfortable with and who will not be afraid to stand up for you, whether in the negotiation room, in the courtroom at the Santa Fe County Courthouse on Montezuma Avenue, or elsewhere in New Mexico.

While it’s possible to handle the claim yourself, hiring a car accident lawyer can save you money, not to mention time and stress. Youngers Law has decades of experience with car accidents, and we’re passionate about helping those who’ve been injured. We pride ourselves on standing up for our clients.

FAQs

What Is the Statute of Limitations on a Car Accident in New Mexico?

In New Mexico, the statute of limitations for a car accident is three years, meaning if someone wishes to seek a car accident claim, they will have three years from that date to file. The clock begins ticking on the day of the car accident. These limitations exist in an attempt to make the justice system fair for everyone and to avoid surprising someone with a claim years after the accident. Three years is the limit to give the victim time to bring the case forward.

Can I Be Sued Personally After a Car Accident?

You may be sued personally after a car accident. Usually, a claim goes through the insurance company’s legal team, but there are cases where it extends to the driver as well. If the at-fault driver doesn’t have insurance or has limited insurance, the other party might seek damages from the driver personally. If the insurance company pays $50,000 of a $100,000 settlement, the driver might be held responsible for the remaining $50,000 from their own personal assets.

Is New Mexico a No-Fault Accident State?

New Mexico is a fault-based accident state, which means that the victim can file a claim against the other at-fault driver’s insurance company, their own insurance company, or against the at-fault driver personally. If the other driver is found to be at-fault, their insurance company will have to pay up to their policy limit, and the at-fault driver might be held responsible for the remaining amount.

What Is the Average Settlement for a Car Accident in New Mexico?

An average settlement for a car accident is difficult to calculate because various factors affect the final amount. Those factors are the severity of injury, who is at fault, the limits of the car insurance company, the uninsured motorist coverage, and how many people are seeking compensation. Some jurisdictions in New Mexico are better known for awarding a higher amount, so if the accident happened there, insurance companies might attempt to settle to avoid going to court.

Contact Youngers Law Today

At Youngers Law, our firm is dedicated to helping you navigate the complex personal injury legal system. If you’ve been in a car accident, it’s crucial to hire a car accident lawyer with the knowledge to fight for your rights, whether you’re the victim or not.

Our firm has over thirty-five years of experience and is dedicated to helping our clients achieve a successful outcome. As a smaller, local firm, we have the ability to give your car accident case meticulous attention. We tailor our decades of experience to your specific and unique needs.

Contact us today to schedule a consultation and find out how we can help you.