Mexico Car Accident Laws

New Mexico Car Accident Laws

Similar to other states in the US, car accidents in the state of New Mexico range from minor collisions (fender benders) to devastating multi-car pileups. However, unlike most other states, the state of New Mexico applies the “pure comparative negligence” rule, which means that each person involved in an accident is only liable for her or his percentage of fault. Additionally, New Mexico has its own statute of limitation for car accidents, as well as caps for non-economic damages. With that in mind, here is some more information about New Mexico car accident laws.

Minimum Liability Coverage

To ensure vehicle owners are able to compensate car accident victims, New Mexico authorities require all road-going vehicles in the state to have at least $250,000 liability coverage.

Types of Damages in Car Accident Cases

The most common types of damages applicable to car accident cases in New Mexico include:

  • Property damages — As the name implies, these are essentially damages done to your car or any other personal property.
  • Medical expenses — These are any medical costs you incur as a result of the accident.
  • Lost wages — These damages are intended to replace your income in the event your injuries prevent you from working, leading to loss of income.
  • Pain and Suffering – Damages for the suffering and pain, both mental and physical, associated with the accident
  • Punitive damages — If the court finds the defendant guilty of operating a vehicle with in reckless disregard or malice, the court may award you punitive damages.

Mexico Car Accident Laws

Damages Caps in New Mexico

For medical malpractice claims and injury claims against government agencies, the state of New Mexico has a cap on non-economic damages, such as pain and suffering. More specifically, the former is capped at $600,000 while the latter is capped at $400,000. All other cases have no limit for both non-economic and economic damages, meaning you would be able to recover as much damages as possible from a defendant. This is where car accident law firms in New Mexico come in handy. If you or your loved one has been involved in an vehicle accident in New Mexico, you should contact a good car accident attorney immediately. Your attorney will help you seek and recover the damages you deserve.

Pure Comparative Standard in New Mexico

As mentioned early, the state of New Mexico applies the “pure comparative negligence” rule. To put another way, the court first determines the percentage of fault of each car accident victim, and then awards damages to each of the victims based on the percentage of fault attributed to each victim. For instance, if the court determines that the total amount of damages is $100,000, ¬†and you were 90% at fault, you would able to recover only 10% of the $100,000, whereas the other party would be able to recover 90% or $90,000 of the awarded damages.

Statute of Limitations

In general, New Mexico has a three-year statute of limitations for car accident lawsuits from the date of the accident. However, the statute of limitations for lawsuits against a government agency is 90 days from the date of the accident.


Under New Mexico state laws, every road-going car must have at least $250,000 liability coverage. Additionally, the state applies the “pure comparative negligence” rule, meaning every car accident victim gets a percentage of the awarded damages depending on his/her percentage of fault.

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