New Mexico Car Accident Laws | Accident Claim Map

At the scene and reporting a crash in New Mexico

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police: Call 911 if anyone is hurt.
Damage amount: $500
Report to the state: If anyone is hurt or killed or total property damage looks like $500 or more, the driver must send a written crash report to the New Mexico Department of Transportation within 5 days. (Bills to raise the threshold to $1,000 died in 2023 and 2024.)
Deadline for your report: 5 days
Law: NMSA 1978, § 66-7-207 (text as quoted in 2024 HB 186, which died)
Official text: Read the official text

First 24 hours after a crash in New Mexico

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in New Mexico

New Mexico is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System: Fault (tort)
PIP, benefits and when you can sue: No PIP. New Mexico has no no-fault law; the at-fault driver and their liability insurance pay. New Mexico law requires liability insurance of at least 25/50/10 (MVD).
Law: NMSA 1978, § 66-5-215 (minimums, per MVD)
Official text: Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in New Mexico

Rule: Pure comparative
What it means: In New Mexico, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.
Law: Scott v. Rizzo, 1981-NMSC-021, 96 N.M. 682: the New Mexico Supreme Court adopted pure comparative negligence; your own fault reduces but does not bar recovery.

Compare every state's rule in the comparative negligence table.

Who pays in New Mexico: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in New Mexico

Liability minimum: 25/50/10
Uninsured / underinsured motorist (UM/UIM): Every policy must include uninsured motorist coverage (which includes underinsured coverage) for bodily injury and property damage, at least the minimum limits, unless the named insured rejects it; the property damage part may have up to a $250 deductible (NMSA § 66-5-301, current text as quoted in 2025 SB 319, which died).
Official text: Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in New Mexico

For crashes handled by New Mexico State Police, request the report from the Department of Public Safety Law Enforcement Records Bureau, by written or oral request or through the GovQA public records portal (no fee for records sent electronically through GovQA). For crashes handled by city police or a sheriff, ask that agency. https://www.dps.nm.gov/law-enforcement-records-bureau/

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in New Mexico

How fast insurers must act: New Mexico law bans insurers, as a general business practice, from failing to acknowledge and act reasonably promptly on claims from their own insureds, failing to affirm or deny coverage within a reasonable time after proof of loss, and not trying in good faith to settle promptly and fairly when liability is reasonably clear. The statute sets no fixed number of days (NMSA 1978, § 59A-16-20, text as amended by 2025 SB 221).

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in New Mexico

Use your uninsured motorist coverage (bodily injury and property damage) unless you rejected it. The MVD can suspend the registration of a vehicle without the required insurance.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in New Mexico

Property damage (your car): 4 years
Injury: 3 years
Notes, including claims against a government: The 3-year injury deadline is in NMSA 1978, § 37-1-8; the Legislature's tables of changes show no 2024-2026 amendments to chapter 37, article 1.
Law: NMSA 1978, § 37-1-8 (injury, 3 years), § 37-1-4 (property, 4 years)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in New Mexico

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in New Mexico

Small claims limit: $10,000 in Magistrate Court (Metropolitan Court in Bernalillo County); New Mexico has no separate small claims court..

New Mexico small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in New Mexico

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

New Mexico Office of Superintendent of Insurance (OSI)

Free help in New Mexico

Good to know in New Mexico

The written crash report goes to the Department of Transportation, not the MVD (NMSA § 66-7-207).
New Mexico's uninsured motorist coverage also pays for damage to your property, not just injuries (NMSA § 66-5-301).

Changes in 2024–2026

No changes enacted to crash reporting (§ 66-7-207), uninsured motorist coverage (§ 66-5-301) or minimum limits in 2024-2026, per the Legislature's tables of changes to NMSA. HB 186 (2024, $1,000 threshold) and HB 97 / SB 319 (2025, UM changes) died. 2025 SB 221 and SB 168 amended the unfair claims practices law (§ 59A-16-20); SB 221 added a ban on treating a mere inquiry about damage as a claim when no payment is made.

Free letters

Insurance claim letter

Ask the other driver's insurer to pay your damages, in writing.

Police report request letter

Ask the police agency for a copy of the crash report by mail.

Questions about car accidents in New Mexico

When do you have to report a car accident in New Mexico?

Call 911 if anyone is hurt. If anyone is hurt or killed or total property damage looks like $500 or more, the driver must send a written crash report to the New Mexico Department of Transportation within 5 days. (Bills to raise the threshold to $1,000 died in 2023 and 2024.)

Is New Mexico a no-fault state?

No. New Mexico is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

Can I get money if I was partly at fault in New Mexico?

In New Mexico, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

What is the minimum car insurance in New Mexico?

25/50/10 Every policy must include uninsured motorist coverage (which includes underinsured coverage) for bodily injury and property damage, at least the minimum limits, unless the named insured rejects it; the property damage part may have up to a $250 deductible (NMSA § 66-5-301, current text as quoted in 2025 SB 319, which died).

How long do you have to sue after a car accident in New Mexico?

4 years for property damage and 3 years for injury (NMSA 1978, § 37-1-8 (injury, 3 years), § 37-1-4 (property, 4 years)).

How do I get a police report in New Mexico?

For crashes handled by New Mexico State Police, request the report from the Department of Public Safety Law Enforcement Records Bureau, by written or oral request or through the GovQA public records portal (no fee for records sent electronically through GovQA). For crashes handled by city police or a sheriff, ask that agency. https://www.dps.nm.gov/law-enforcement-records-bureau/

What if the other driver has no insurance in New Mexico?

Use your uninsured motorist coverage (bodily injury and property damage) unless you rejected it. The MVD can suspend the registration of a vehicle without the required insurance.

Where can I complain about a car insurance company in New Mexico?

New Mexico Office of Superintendent of Insurance (OSI): https://osi.state.nm.us/

Sources

Last checked: Oct 24, 2026.

Car accidents in New Mexico: what to do and who pays