New Mexico follows a fault-based insurance system. Under this type of traditional system, which is followed by many other states, the injured party files the accident claim against the at-fault-driver’s insurer.
However, our state also recognizes comparative negligence rules under NMSA § 41-3A-1, which means that the at-fault party can reduce their level of liability by a percentage if they can prove that you partially contributed to the accident.
As such, it is possible to receive an inadequate settlement for your injuries or loved one’s fatality if you do not investigate, document, and present a case that represents the facts of your case. Hire a car accident attorney in New Mexico, like me, to ensure that you receive fair representation and legal advice as you navigate the process.
The Difference Between Fault and No-Fault Insurance
Every state follows either an “at-fault” or “no-fault” insurance system. The majority of them follow “at-fault” insurance laws, just like New Mexico. “No-fault” insurance laws require involved parties to file a claim through their own insurance company, regardless of who caused the accident.
There are twelve (12) states that follow a no-fault system, including Utah, North Dakota, Hawaii, Kansas, Minnesota, Michigan, Florida, New York, and Massachusetts, New Jersey, Pennsylvania, and Kentucky. In these states, drivers must purchase a separate personal injury protection (PIP) policy to recover damages for bodily harm or a fatality.
New Mexico Auto Liability Insurance Minimums
In New Mexico, it is mandatory for all drivers or vehicle owners to possess the minimum auto liability insurance coverage. Uninsured or underinsured motorists are subject to penalties according to the New Mexico Mandatory Financial Responsibility Act.
The required minimum amounts of coverage in New Mexico are:
- $25,000 for bodily injury or death of one
- $50,000 for total bodily injury or death of two or more people
- $10,000 for property damage
Optional: Uninsured Motorist (UM) Coverage
Uninsured motorist (UM) coverage is not mandatory in New Mexico. However, it may be a wise decision to purchase this type of add-on. If an uninsured or hit-and-run driver injures you or causes your family member’s death, you have the right to receive benefits through a UM policy.
Types of Claims You Can File After a Car Accident in New Mexico
Obtaining adequate compensation for your car accident injuries may become more complex than previously thought. Insurance companies are in the business to make a profit. If they can find a way to offer you less money, they will.
As such, comparative negligence laws become more important to understand. If the insurer is not liable for damages, the company will deny your claim. Without the advice and guidance of an attorney, you may unknowingly end up with a settlement that is far less than what you legally deserve.
In New Mexico, you can obtain compensation for your injuries in one of three ways, including:
- Filing a direct claim through the other driver’s insurer for a settlement,
- Filing a third-party claim through the at-fault driver’s insurance carrier for a settlement, or
- Filing a personal injury lawsuit in civil court against the negligent driver for a civil award.
Seek Legal Advice from a New Mexico Car Accident Lawyer
Car accident injury and wrongful death cases are typically more complicated than what they seem on the surface. By hiring a car accident lawyer in New Mexico, we can conduct an independent investigation of the facts and circumstances of your case. My firm will obtain and preserve evidence that supports your rights to compensation as we discover it.
Remember, the insurance company is going to view your claim through its bureaucratic lens. Make sure that you hire legal representation of your own so that someone is looking out for your interests at all times. We will handle all communications between you and the insurer so that you can avoid common pitfalls and focus on your physical recovery.
Free Consultation with Grano Law Offices, P.C.
If you are ready to learn more about your rights and options, contact my office to request a Free Consultation by messaging me privately here or calling us at (505) 426-8711.
We do not charge you for our services until we win your case.
