Car Accidents In New Mexico
Unfortunately, New Mexico is notorious for having some of the most underinsured and uninsured motorists. If you are involved in a car accident, expect the worst. Regardless of the fast that drivers are required to have car insurance coverage, you will most likely be involved with someone who is incapable of responding to any financial claims. You will therefore be looking to your own car insurance policy for help.
From a Snowbird’s perspective, it is always a good idea to travel with the maximum amount of underinsured motorist car insurance coverage. Don’t forget to top up your accident benefit options. It provides extra protection not only to you, but your family as well.
New Mexico is a “fault” state when it comes to car insurance and accidents. This means that the driver who caused the accident is financially responsible for any damages or injuries that resulted from the accident.
If you are not at fault, you will need to file a claim against the defendant driver within three (3) years from the date of the accident. In New Mexico, there is a three (3) year statute of limitations for personal injury claims and three (3) years for property damage claims. If you do not file a claim within this time period, you may be barred from recovering any compensation.
New Mexico Is A Modified Comparative Negligence State
It is important to note that New Mexico has a “modified comparative negligence” rule when it comes to car accidents. This means that if you are partially at fault for an accident, you can still recover damages from the other party, but your damages will be reduced by the percentage of fault that you bear. For example, if you are found to be 20% at fault for an accident, and the damages are $10,000, you will only be able to recover $8,000 (80% of the damages) from the other party. However, if you are found to be more than 50% at fault for the accident, you will not be able to recover any damages from the other party.
In summary, if you are involved in a car accident in New Mexico, you should immediately report the accident to the police and to your car insurance company. You should also seek medical attention if necessary and gather as much information as possible about the accident, including the names and contact information of any witnesses.
Cross-border car accidents are very complicated since most travellers have their own car insurance from their respective state or province. Each state and province also has different rules that apply to car accidents. That’s where Snowbird Accidents comes in!
