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New Mexico car accident laws
New Mexico gives you three years to file a personal injury lawsuit (N.M. Stat. Ann. § 37-1-8).
New Mexico is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the injuries and damage.
The legal minimum liability coverage in New Mexico is $25,000 per injured person, $50,000 per crash and $10,000 for property (25/50/10).
You can recover even if you were mostly at fault; your award is reduced by your percentage of fault and you are not barred at any percentage (rule set by the state supreme court, not a statute).
Quoted from New Mexico statutes and official pages, checked October 2, 2026 · not legal advice
The rules in one table
| Rule | New Mexico | Source |
|---|---|---|
| Deadline to sue for an injury | Three years for an injury to the person | N.M. Stat. Ann. § 37-1-8 |
| Deadline for vehicle damage | Four years for injuries to property or conversion of personal property | N.M. Stat. Ann. § 37-1-4 |
| Deadline for a wrongful death claim | Three years; the cause of action accrues on the date of death | N.M. Stat. Ann. § 41-2-2 |
| Claims against a government body | A person claiming damages from the state or a local public body under the Tort Claims Act must give written notice of the time, place and circumstances within 90 days after the occurrence (unless the entity had actual notice). | N.M. Stat. Ann. § 41-4-16(A) |
| Insurance system | at-fault | N.M. Stat. Ann. § 66-5-205(A) |
| If you were partly at fault | pure comparative. You can recover even if you were mostly at fault; your award is reduced by your percentage of fault and you are not barred at any percentage (rule set by the state supreme court, not a statute). | Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981) |
| Minimum liability coverage | $25,000 per person / $50,000 per crash / $10,000 property | N.M. Stat. Ann. § 66-5-208 |
| Dog bites | one-bite (negligence). New Mexico has no statute making an owner automatically liable for a dog bite; common-law rules decide, which generally requires showing the owner knew the dog was dangerous or was negligent. | N.M. Stat. Ann. § 77-1-10 (annotation citing Perkins v. Drury, 1953-NMSC-029) |
Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in New Mexico can tell you the date that applies to you.
Next steps after a New Mexico crash
Check your deadline and a rough claim range
A filing date and a rough value range for New Mexico. Both take under a minute.
Questions
How long do you have to sue after a car accident in New Mexico?
Three years for an injury claim (N.M. Stat. Ann. § 37-1-8) and four years for vehicle damage. Shorter notice rules can apply to claims against a government.
Is New Mexico a no-fault state?
No. New Mexico is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the injuries and damage.
Can I recover if I was partly at fault in New Mexico?
New Mexico follows pure comparative. You can recover even if you were mostly at fault; your award is reduced by your percentage of fault and you are not barred at any percentage (rule set by the state supreme court, not a statute).
What is the minimum car insurance in New Mexico?
The legal minimum liability coverage in New Mexico is $25,000 per injured person, $50,000 per crash and $10,000 for property (25/50/10).
Sources
- Deadline to sue for an injury (N.M. Stat. Ann. § 37-1-8): law.justia.com/codes/new-mexico/chapter-37/article-1/section-37-1-8/
Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person for whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years.
- Deadline for vehicle damage (N.M. Stat. Ann. § 37-1-4): law.justia.com/codes/new-mexico/chapter-37/article-1/section-37-1-4/
Those founded upon accounts and unwritten contracts; 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 (N.M. Stat. Ann. § 41-2-2): law.justia.com/codes/new-mexico/chapter-41/article-2/section-41-2-2/
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.
- Claims against a government body (N.M. Stat. Ann. § 41-4-16(A)): law.justia.com/codes/new-mexico/chapter-41/article-4/section-41-4-16/
A. Every person who claims damages from the state or any local public body under the Tort Claims Act shall cause to be presented to the risk management division for claims against the state, the mayor of the municipality for claims against the municipality, the superintendent of the school district for claims against the school district, the county clerk of a county for claims against the county, or to the administrative head of any other local public body for claims against such local public body, within ninety days after an occurrence giving rise to a claim for which immunity has been waived…
- Insurance system (N.M. Stat. Ann. § 66-5-205(A)): law.justia.com/codes/new-mexico/chapter-66/article-5/section-66-5-205/
A. 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 unless the vehicle is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.
- If you were partly at fault (Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981)): law.justia.com/cases/new-mexico/supreme-court/1981/96-n-m-682.html
We therefore hold that a pure comparative negligence standard shall supersede prior law in New Mexico, and that a plaintiff suing in negligence shall no longer be totally barred from recovery because of his contributory negligence.
- Minimum liability coverage (N.M. Stat. Ann. § 66-5-208): law.justia.com/codes/new-mexico/chapter-66/article-5/section-66-5-208/
A. twenty-five thousand dollars ($25,000) because of bodily injury to or death of one person in any one accident; B. subject to this limit for one person, fifty thousand dollars ($50,000) because of bodily injury to or death of two or more persons in any one accident; C. ten thousand dollars ($10,000) because of injury to or destruction of property of others in any one accident;
- Dog bites (N.M. Stat. Ann. § 77-1-10 (annotation citing Perkins v. Drury, 1953-NMSC-029)): law.justia.com/codes/new-mexico/chapter-77/article-1/section-77-1-10/
Common law deemed test of liability for dog bite. — There is no statute in New Mexico making the owner of a dog an insurer against damages inflicted by it. The only statute on the subject is this section, making it unlawful to keep a dog known to be vicious. Thus, common law is the test of liability
Read October 2, 2026. Laws and fees change; the linked page is the authority.