Injury · New Mexico
the short answer
You have three years from the day of the crash to file, and no amount of talking to an insurer extends it. Being partly to blame does not end your claim; it reduces what you collect by your share and nothing more. The money comes from the other driver's liability insurer, and no injury threshold stands in the way.
source ↗Not yet checked against the statute.
governing statute
NMSA § 37-1-8
source ↗Not yet checked against the statute.
who pays first
New Mexico is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (NMSA § 66-5-205)
source ↗Not yet checked against the statute.
Across the country. 38 of the 51 states written up answer this the same way as New Mexico. Compare every state →
your share of the fault
Your share of the blame costs you that share and never the claim itself. Forty percent at fault means you collect sixty percent of the damages, and a driver mostly to blame still recovers what is left. (Scott v. Rizzo, 96 N.M. 682 (1981))
source ↗Not yet checked against the statute.
Across the country. 11 of the 51 states written up answer this the same way as New Mexico. Compare every state →
limit
3 years
source ↗Not yet checked against the statute.
Across the country. 18 of the 51 states written up answer this the same way as New Mexico. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
which court
Magistrate court
source ↗Checked against the statute on 2026-08-25
small claims limit
$10,000
source ↗Checked against the statute on 2026-08-25
exceptions: Libel, slander and malicious prosecution cannot be heard here at any amount, and neither can a case that puts the title or the boundaries of land in question.
source ↗Checked against the statute on 2026-08-25
your situation
Everything above is the law as it reaches everyone in New Mexico. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
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