In New Mexico, drivers are required to inform law enforcement immediately following an auto accident, and they also need to file a report with the New Mexico Department of Transportation (DOT) within five days. Once these reports are submitted, drivers can claim damages by filing insurance claims or personal injury lawsuits.

No one looks forward to being in a car crash, but thinking ahead to what you should do in case you’re involved in one is important. That’s why

Jerry

, the nation’s #1-rated

car insurance

comparison app, has gathered all the information you need about New Mexico auto accident laws.

Read on to find out when and how to report a crash and how to determine financial responsibility. And if you're looking to lower your

New Mexico car insurance costs

, Jerry's got you covered there, too.

What to do after a crash: New Mexico car accident reporting laws

You’re likely to be pretty shaken up, but the

first thing you should do after a car accident

is to make sure you and your passengers are safe. This may involve moving your car over to the shoulder if you’re able, and then checking everyone, including yourself, for injuries. If anyone is hurt, call 911.

Once you’ve evaluated everyone’s safety, it’s time to start gathering information both about the crash and the other party involved. Photographic evidence will be especially important in determining who’s at fault in the accident, so make liberal use of your phone to snap away. Exchange insurance and contact information with the other driver(s) as well.

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In New Mexico, you’ll also need to report your accident to three separate entities:

The police

The DOT

Your insurance company

Let’s look more closely at how and when to report to each of these offices.

When to report an accident to the police

Anytime you’re involved in an accident resulting in injury, death, or property damage of at least $500, New Mexico law requires that you inform police “immediately, by the quickest means of communication possible.” Here’s who to report the accident to:

If the accident occurs within a municipality, you should report it to the local police.

If the accident takes place outside a municipality, it should be reported to the nearest county sheriff or office of the New Mexico State Police.

Officers responding to your accident will fill out the

New Mexico Uniform Crash Report

to file with the police department.

When to report an accident to the DOT

Any vehicle accident that requires reporting to the New Mexico police will also need a written report of the accident for the Motor Vehicle Department of the

New Mexico Department of Transportation

You should ensure this report contains as many details of the crash as possible, including:

The name, address, and insurance information of both parties

Your driver’s license number

Your vehicle’s make, model, and VIN

A detailed description of the accident

Date, time, and location of the accident

This report must be submitted within five days of your accident.

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Financial responsibility and coverage minimums: New Mexico’s insurance laws

Now that you have all the necessary state entities notified of your crash, it’s time to shift your focus to insurance reporting.

In New Mexico, drivers are required to purchase car insurance to demonstrate their ability to cover damages if they cause an auto accident. Motorists in New Mexico are required to carry

liability insurance

with 25/50/10 minimum coverage limits, or:

$25,000 of

bodily injury liability

per person

$50,000 of bodily injury liability per accident

$10,000 of

property damage liability

per accident

Not only are drivers required to carry this coverage, but they are also required to show

proof of insurance

whenever it is requested by law enforcement. Failure to carry adequate coverage or to produce proof of that coverage can result in fines of up to $300, imprisonment for up to 90 days,

vehicle registration

suspension, and license plate confiscation.

Despite these consequences, 21.8% of New Mexico drivers still get behind the wheel without adequate insurance coverage, making the state fourth in the nation for uninsured/underinsured motorists according to a 2019 study by the

Insurance Information Institute (III)

That means you could have trouble collecting damages if you’re in an accident caused by one of these drivers. It’s all the more reason to add

uninsured/underinsured motorist coverage

to your policy to pay for damages even if the other driver has inadequate coverage.

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Claiming damages after an accident: New Mexico’s personal injury laws

The circumstances of your vehicle accident may constitute you to go outside an insurance claim to collect damages through a personal injury lawsuit. In New Mexico, you have the right to sue for both economic and non-economic damages associated with your crash. Let’s look at the difference between these two types of damage:

Economic damages include medical bills, lost wages, lost employment or business opportunities, loss of use of property, and burial expenses.

Non-economic damages include pain and suffering, mental suffering, inconvenience, and humiliation.

New Mexico's statute of limitations on personal injury lawsuits is set at three years for all types of claims. However, if you’re filing a suit claiming government negligence as the cause for your injuries, the three-year statute still applies, but you must file a formal injury claim within 90 days of your injury.

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Exceptions to New Mexico’s personal injury laws

There are two instances in which a person’s window for filing a personal injury lawsuit may be extended past the three-year mark. According to

NM Stat § 37-1-10

Minors have one year following their 18th birthday to commence legal action if none was taken by their parents.

Persons who are incapacitated in a vehicle accident have one year following the termination of their incapacity to seek legal action.

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Who’s to blame: New Mexico’s pure comparative negligence law

One of the first things most of us start thinking about following a car accident is who was at fault. Unfortunately, fault is rarely an all-or-nothing game. If someone pulls out in front of you while you’re speeding down a country road, who’s at fault—the other driver for obstructing your right-of-way, or you for speeding?

The answer is both. Luckily, since New Mexico is a

comparative negligence state

, both you and the other driver will be able to claim damages. This is because pure comparative negligence allows anyone involved in a car accident to collect damages in proportion to the amount of fault they carry—unless they’re found to be 100% responsible. In this case, both you and the other driver carry some of the blame, so you can both collect damages.

So let’s see how this plays out in the numbers—if you’re found to be 65% at fault for speeding, and the other driver is 35% at fault for pulling out in front of you, you will be responsible for 65% of the other driver’s damages, while the other driver is responsible for 35% of yours.

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What happens if you’re deemed at fault in an accident without car insurance?

How to save money on car insurance in New Mexico

Finding affordable car insurance can be difficult after an accident, especially if you’re found to carry even partial blame. But even with an accident or a few tickets on your record, you don't need to overpay. Just go to

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