New Mexico · Deadline to sue · Updated Oct 2026
Deadline to sue after a car accident in New Mexico
Time limits, government claims and a calculator.
Short answer
In New Mexico, you generally have 4 years to sue for car damage and 3 years for an injury, counted from the crash.
- Property damage (your car)
- 4 years
- Injury
- 3 years
- Law
- NMSA 1978, § 37-1-8 (injury, 3 years), § 37-1-4 (property, 4 years)
- Small claims limit
- $10,000
Other notes on the New Mexico deadlines
- 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.
Shorter time limits to watch in New Mexico
- Crash report: 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.
Deadline to sue in New Mexico
Protecting your deadline in New Mexico
- Your earliest deadline in New Mexico: 3 years.
- If a city, county or state agency was involved, ask it right away how to file a claim; such claims often need an early written notice.
- Small claims, for car damage up to $10,000: New Mexico small claims guide on Small Claims Map
- Don't wait for the insurer: talks with an adjuster don't stop the clock.
Free help in New Mexico
Questions about deadlines to sue in New Mexico
How long do you have to sue for an injury after a car accident in New Mexico?
3 years from the crash (NMSA 1978, § 37-1-8 (injury, 3 years), § 37-1-4 (property, 4 years)).
How long do you have to sue for car damage after an accident in New Mexico?
4 years from the crash (NMSA 1978, § 37-1-8 (injury, 3 years), § 37-1-4 (property, 4 years)).
What is the small claims limit in New Mexico?
$10,000 in Magistrate Court (Metropolitan Court in Bernalillo County); New Mexico has no separate small claims court.
More for New Mexico drivers
- All car accident rules in New Mexico
- Comparative fault
- Reporting a crash
- Uninsured driver
- Deadlines to sue in every state
- Small claims court for car damage
- Fault and payout explainer
- Insurance claim letter
- Police report request letter
Nearby states
Sources
- NM Legislature: HB 186 (2024) text of § 66-7-207
- NM Legislature: HB 186 (2024) status
- NM Legislature: SB 319 (2025) text of § 66-5-301
- NM Legislature: SB 319 (2025) status
- Scott v. Rizzo, 1981-NMSC-021
- NM MVD: Insurance
- NM DPS: Law Enforcement Records Bureau
- NM Legislature: 2025 SB 221 (text of § 59A-16-20)
- NM Legislature: 2012 SB 324 committee substitute (text of § 37-1-8)
- NM Legislative Council Service: 2026 Table of Changes to NMSA
- NM Legislative Council Service: 2025 Table of Changes to NMSA
- NM Legislative Council Service: 2024 Table of Changes to NMSA
Last checked: Oct 24, 2026.