After a car accident in New Mexico, if possible, get to a safe place, then call the police and seek medical attention. Exchange insurance information with the other drivers, but do not apologize to them or admit to any fault. The immediate aftermath of a car accident can be hectic, confusing, and feel like a blur due to shock, especially if you have injuries, but following these basic steps can help protect your rights down the line.
It’s best to call the police after an accident so they can create an accident report, but you must report any accident that results in injuries or damages over $500 within five days to the New Mexico Department of Transportation.
In an at-fault and comparative negligence system, responsibility for the accident and for compensation are assigned based on each driver’s percentage of fault. This makes collecting evidence, such as police reports or photographs of the scene, important so you can prove what really happened and avoid being assigned more fault than you deserve. An experienced New Mexico car accident attorney from Olson Personal Injury Lawyers can help you in every aspect after an accident.
Key Takeaways
- New Mexico requires you to call the police after a car accident if there are injuries, a death, or apparent property damage of $500 or more, and you must stay at the scene, exchange insurance information, and report the accident to the New Mexico Department of Transportation within five days
- Always get medical attention after an accident, even if you don’t notice any immediate injuries—some symptoms may not be immediately obvious.
- When talking to an insurance adjuster, never admit fault, such as claiming you didn’t see the other vehicle or offering an apology.
What Should I Do Immediately After a Car Accident in New Mexico?
After an accident, it’s important to take a few steps to ensure your safety and protect your rights.
Get to Safety and Call 911
After an accident, check yourself for any immediate injuries; if you or anyone in another vehicle was hurt, call 911. New Mexico requires you to call the police after car accidents if they result in injuries, death, or damages over $500, so it may be in your best interest to do so even if you aren’t injured. No matter who’s at fault, remain at the scene, as leaving is illegal under NM Stat. §66-7-201.
The driver involved in an accident that causes injuries must immediately stop at the scene or in a nearby location. When you report the accident to the police, an officer will arrive and listen to your account. Take your time and provide as much detail as possible when explaining what happened, and do not admit fault or apologize.
Document Everything at the Scene
Take photos and videos of your vehicle, any other vehicles involved, the road, and the surrounding area of the accident, and document any visible injuries you have. You must stop at the scene of an accident and provide the other driver with your contact and insurance information. They can take a picture of your driver’s license, obtain your address, and verify your insurance details.
Regardless of the circumstances, when speaking with the other drivers involved in the accident, never apologize or discuss who is at fault. This can later be used against you by insurance companies and as proof that you were responsible for the accident.
If anyone was nearby when the accident occurred, be sure to speak with them and obtain their contact information for later use, in case your attorney needs to contact them. With their permission, you can also record a brief video or audio statement about what they saw.
How To Report a Car Accident in New Mexico
The 5-Day Reporting Deadline
You must report the collision to the New Mexico Department of Transportation within five days, according to NM Stat. §66-7-207. This report must be submitted within the specified timeframe; failure to do so may result in fines or other penalties depending on the circumstances.
This written report is separate from the initial police response at the scene, although you’ll usually need information from the police report to complete it.
Who Do You Report To?
After a car accident in New Mexico, call 911, and the closest police officer will respond to the scene. If you’re within a city’s limits, you can also contact the city’s police department to notify them of your accident if it did not result in injury and involved less than $500 in apparent property damage. If you are outside of city limits, contact the county’s sheriff’s office to report the accident.
Why Does Medical Attention Matter After a Car Accident?
Seeking medical attention after an accident is essential for diagnosing and treating injuries, and it also provides documentation to support your claims. After an accident, you may experience shock, which can mask injuries and symptoms. It’s critical to see a doctor as soon as possible after the crash, ideally within a few days. Some injuries—like whiplash or soft-tissue damage—may not show up right away, while delayed shock symptoms after a car accident can leave you feeling “off” days later.
Failing to get medical attention and then attempting to make an injury claim can give insurance companies grounds to deny or reduce your claim, as they may try to say your injuries are unrelated to the accident. You should document any medical care you receive and maintain records of your treatments and bills, as this can later be used to prove your claims.
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Best Way to Handle Insurance Companies After an Accident
What NOT to Say to Insurance Adjusters
Always remember that insurance adjusters work for insurance companies, not for you, and their primary goal is to minimize your payout to keep their bottom line low. When speaking with an insurance adjuster, never admit fault or apologize—which can be used to imply fault—and never minimize or exaggerate your injuries. Make sure to account for all the harm you’ve suffered and the pain you’re in, but if an adjuster asks you for specific details, just refer them to your lawyer.
An adjuster might make an initial settlement offer, but it probably won’t cover all your expenses and damages. In most cases, you cannot sue for damages from an accident after accepting an offer, even if, later on, you believe it was unfair.
Insurance companies often try to minimize or undervalue claims, so it’s crucial to have evidence ready to support your claims and demonstrate their true worth. Many insurers also rely on internal software to assign low ‘default’ values to injury claims, so anything you say can be plugged into a system that’s designed to save the company money.
If an adjuster pressures you to accept a quick offer, remember you can reject an insurance settlement that doesn’t feel fair and ask questions about how long the settlement process may take before you decide.
Understanding New Mexico's At-Fault Insurance System
In New Mexico, the at-fault system means that if you are involved in an accident, the driver who caused it is responsible for paying for the damages. The other driver’s insurance will typically cover the victim’s losses.
At-fault states differ from no-fault insurance states, where your own insurance company pays for your injuries and damages instead of the responsible party’s. In a no-fault insurance state, if you’re hurt in a car accident, you would file a claim with your own insurance company to cover your medical expenses, regardless of who was at fault.
New Mexico also operates under a pure comparative negligence system, which allows you to recover compensation, even if you contributed to causing the accident. Your compensation amount will be reduced by the percentage of fault attributed to you.
What Mistakes Should You Avoid After a New Mexico Car Accident?
When you’re involved in a car accident in New Mexico, there are a few mistakes every driver should avoid, such as leaving the scene, which could lead to being charged with a hit-and-run. It’s crucial for drivers to avoid admitting fault after an accident or apologizing to insurance companies, other drivers, or the police—and they should never post about or discuss the accident on social media.
Drivers should avoid accepting the first settlement offer they receive from their insurance company, as it is often a low offer that will not cover all of a victim’s injuries or medical costs. Victims typically have three years to file a personal injury lawsuit if they were injured in a car accident, so you should not wait to get advice from an attorney. Reaching out early gives them more time to investigate and build your claim.
What If the Other Driver Is Uninsured in New Mexico?
New Mexico has one of the highest rates of uninsured drivers in the U.S., with nearly 25% of motorists in the state lacking insurance. Due to the at-fault system, this can have serious consequences for people involved in car accidents with uninsured motorists, as their insurance is meant to be responsible for your damages.
New Mexico liability insurance limits are:
- $25,000 for bodily injury or death to one person in an accident
- $50,000 for bodily injury to or death of two or more persons
- $10,000 for property damage
The police may issue a fine to an uninsured driver, but there are still ways to seek compensation if the other driver is uninsured, such as filing a lawsuit or purchasing uninsured or underinsured motorist coverage. Both types of coverage provide drivers with insurance that pays for damages caused by an underinsured or uninsured driver, by filing a claim with their own insurance company or taking legal action.
What If Your Car Accident Involves Multiple Vehicles?
It’s difficult to determine which driver is liable in a chain-reaction crash without a thorough investigation. New Mexico uses a pure comparative negligence system alongside its at-fault system, allowing you to receive compensation proportional to the percentage of fault assigned to the other parties.
Insurance companies often contest these claims because their complexity allows them to deny or reduce their clients’ liability. Additionally, proving your case in court can be challenging unless you have a car accident attorney to investigate your claims and the collision, so they can use accident reports, eyewitness accounts, and medical records to support your case.
Contact a New Mexico Car Accident Lawyer Today
After an accident, knowing what steps to take can be challenging, but you don’t have to face these difficulties alone. The New Mexico car accident attorneys at Olson Personal Injury Lawyers can assist you after a crash by helping you gather evidence, file a claim, and handle insurance companies. Contact our team today or call (505) 391-8978 for a free case evaluation.
