When you get into an accident with a car, motorcycle, bicycle, etc, in New Mexico, the first thing you must do is call 911 to file a police report and make sure everyone is taken care of medically. At the scene of the accident, it is very important to collect these necessary documents to proceed onwards with filing a claim. 

  1. The name of the person you got into an accident with

  2. Their address

  3. Their phone number

  4. Their insurance policy 

  5. Take picture of your location, the weather circumstances, and if there are any other events that are important to take note of. 

lawyer looking at his watch, and a woman looking annoyed.

What is the statute of limitations in New Mexico? 

The statute of limitations refers to the amount of time after the accident that you have to report it to the DMV or police and file a claim. This time limit changes from state to state. Here in New Mexico, you must report the accident immediately and you have 3 years to open a claim for any bodily injuries, and 4 years for any damages to your property. According to the state, that date starts the day of your injury/ accident, or on the date, you discovered the injury. However, if you decide to file a claim after this allotted time frame because your injuries progressed or your vehicle showed signs of damage, later on, It is still possible to open a claim but it will drastically impede on your results. 

Are there any exceptions to the statute of limitations?

The statute of limitations is essentially a legal time limit in which you must file your lawsuit before. In New Mexico, it ranges from 3-4 years but that can be extended if the defendant you are filing against has left New Mexico. If that is the case, you can wait until that person has returned. The other exceptions can include the defendant passing away, going to jail, or if they are currently enlisted in the military and is actively serving. The opposite can apply as well. The statute of limitations can but cut shorter if the lawsuit includes a government entity of any kind. If you are alerted about this aspect of your case, make haste and try to file a claim as quickly as possible. 


After the accident 

After the accident, in the following days, it is important to call your insurance provider and see what they can cover and express to them that you would like to file a claim/ lawsuit. Let’s say some time has passed and maybe you are not covered by the same insurance policy or you canceled your insurance altogether, that is ok you can still file a claim if you were insured during the time of the accident. After you contact your insurance, then you must make a call to a claim adjuster to investigate your case. That is the person that has the power to deny your claim if you wait too long to file. When you wait too long to start a lawsuit about your personal injury case, the claim adjuster looks more closely at your case to see why you didn’t file sooner. The last thing you should always do when filing a lawsuit for personal injury is to make sure you keep every document related to the incident, like bills, medical expenses, police reports, and court paperwork.


What exactly does a claim adjuster look at?


A claim adjuster is someone who works for the insurance company to determine how much insurance the company is liable for. For this process and review, the claim adjuster will:

  •  speak with you (the claimant) or your lawyer.

  • Ask any witnesses for details about the accident.

  • Research police records and medical history.

  • Do a full investigation on the property that was involved in the accident. 

  • They will then decide the amount the insurance company is liable to pay the insured person. 

  • Usually, in this process, they will try to convince the claimant that their case is worth less than it actually is. 


  • In New Mexico, you have 3 years to open up a claim/ lawsuit after your injury. 

  • The statute of limitations is the legal term for the amount of time you can open a claim.

  • Claim adjusters will review your case and make a decision. 


If you have been injured in a motor vehicle accident here in New Mexico or you want to file a claim for damaged property, call the skilled personal injury attorneys at Genus Law Group today to set up a consultation on how to get your case started and resolved. You can’t go wrong with hiring a lawyer to represent your fight and get you the settlement you deserve. Call us at 505.317.4455, or chat online with a live representative.

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond