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What Is the New Mexico Statute of Limitations for a Car Accident?

September 28, 2021

If you or somebody you care about sustains an injury in a vehicle accident caused by another driver in New Mexico, you should be able to recover compensation for your losses. However, recovering this compensation can be challenging, and you need to be aware of various timelines in place. In New Mexico, car accident victims need to be mindful of timelines put in place by insurance carriers as well as deadlines put in place under New Mexico personal injury laws.

Time Limits for Personal Injury Claims in New Mexico

Every state is allowed to set time limits for how long injury victims have to file lawsuits against the person or entity who allegedly caused their injuries. This time limit is called the statute of limitations. In New Mexico, the personal injury statute of limitations is three years from the date an injury occurs (Ch. 37, Art. 1, Sec. 37-1-8 of the New Mexico Statutes).

Car accident victims in New Mexico are also beholden to the personal injury statute of limitations. If a car accident victim fails to file a lawsuit against the alleged negligent driver within a three-year window, they will not be able to recover the compensation they are entitled to.

Even though three years may seem like quite a while, the reality is that this time is often taken up by negotiations with insurance carriers or individuals thinking that they do not have a claim in the first place. It is crucial for car accident victims in New Mexico to work with a skilled attorney as soon as possible so that they can get their case started to ensure they recover the compensation they need.

You Need to Remember Insurance Carrier Deadlines

The personal injury statute of limitations is not the only deadline that car accident victims in New Mexico need to consider. The reality is that automobile insurance carriers are also going to have very strict deadlines in place. Any person involved in a vehicle accident is typically required to report the incident to their insurance carrier within a day or two. Insurance carriers are known to be notoriously difficult if individuals do not report an accident quickly.

Failing to promptly report a vehicle accident to insurance carriers could result in the carrier delaying the claim or even denying the claim altogether.

Working With an Attorney to Meet Deadlines

If you or somebody you care about has been injured in a vehicle accident in New Mexico caused by the actions of a negligent driver, you need to speak to an attorney as soon as possible to get your claim started. It is crucial that you file your claim on time with the insurance carriers. It is also important that you file any civil personal injury lawsuits within the timeframe required by New Mexico laws.

An attorney can conduct a complete investigation into the claim and help car accident victims recover compensation for their medical bills, lost income, property damage expenses, pain and suffering losses, and more. Not only will an Albuquerque personal injury attorney be in charge of investigating the incident, but they will also handle all paperwork and ensure that any filing deadline is met.