Car accidents are the most common form of personal injury claim. However, every case has nuance in the details that can change the outcome.
In New Mexico, there are three laws governing all car accident claims, and understanding them is essential to your case.
State law mandates that you must report any car accident resulting in bodily injury, death or property damage amounting to an apparent $500 or more in damages. If the accident occurs within a municipality, you report it to the local police. If it occurs on state roads or outside a municipality, your report it to the state police.
Statute of limitations
The statute of limitations for a car accident in New Mexico is three years from the date of the accident. That means you have three years to file a lawsuit. Missing that deadline would likely result in a dismissal.
If you lost a loved one, the same deadline applies for a wrongful death claim. However, if you want to file a claim for personal property damaged in a car accident, you have four years.
Pure comparative negligence
New Mexico applies the pure comparative negligence rule to cases involving shared fault. If you are partially to blame for an accident, you can still recover the total value of damage minus your percentage of fault. For example, if damages amount to $100,000, and the court finds you 50% at fault, you still recover $50,000.
To ensure you receive the maximum available compensation, always act fast after an accident.