New Mexico Car Accident Settlement Calculator

Rules cited to New Mexico’s statutes and case lawRules checked How we calculate

Fault rulePure comparativeYou can recover at any fault level. The award is cut by your share.Scott v. Rizzo, 96 N.M. 682 (1981)
Filing deadline3 yearsFrom the crash date, for injury claims.N.M. Stat. § 37-1-8
Minimum insurance25/50/10Per person, per crash, property. New Mexico is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Your numbers

Example figures shown. Replace them with yours.
How serious is the injury?

Fracture or months of treatment, with some lasting effect.

10%
Does the injury meet the no-fault threshold to sue?
Attorney fee for the take-home figure
Your estimateNew Mexico · Car accident
Your estimate…
The math
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This calculator estimates what a car accident injury claim could be worth under New Mexico law. It applies New Mexico’s pure comparative rule, the three-year deadline to file suit and the insurance that usually pays, then shows the math line by line, including what you might take home after a lawyer’s fee.

Because New Mexico uses pure comparative fault, you will see a value even at high fault levels, reduced by your share.

New Mexico rules behind this estimate

Fault. New Mexico uses pure comparative fault. If a jury finds you 20% at fault, your award drops by 20%, and you can still recover something even if you were mostly to blame. Insurers still argue your share up, because every point of fault comes off the payout.

Deadline. You have three years from the crash to file a lawsuit in New Mexico. A claim against a city, county or state agency usually needs written notice much sooner, sometimes within months. Missing the deadline almost always ends the claim, and with it your leverage to settle.

Insurance. New Mexico is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $25,000 per injured person, $50,000 per crash and $10,000 for property damage, written 25/50/10.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

New Mexico car accident questions

What if the other driver only has the New Mexico minimum?

Their insurer will usually pay no more than $25,000 for your injuries. Your own underinsured motorist (UIM) coverage can pay the difference up to your limit. Enter both above to see the ceiling.

Can I still claim if I was partly at fault in New Mexico?

Yes. New Mexico uses pure comparative fault, so you can recover even if you were mostly at fault. Your award is reduced by your percentage.

How long do I have to file a car accident claim in New Mexico?

three years from the crash to file a lawsuit. Report the claim to the insurers within days.

Is New Mexico a no-fault state?

No. New Mexico is an at-fault state, so you claim against the at-fault driver’s liability insurance, or your own coverage if theirs is too low.

Does New Mexico cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.