What to do after you get the crash report: moving a New Mexico personal injury claim forward
Detailed Answer
Receiving the official crash report is an important milestone in a motor vehicle personal injury claim. The crash report can document who was involved, where and when the crash occurred, and statements or observations by the responding officer. But the report alone does not settle a personal injury case. Below are clear, practical steps to move your claim forward in New Mexico.
1) Read the crash report carefully and preserve the original
Confirm basic facts: parties, vehicle descriptions, location, officer’s narrative, citations, and witness names. Keep a certified or official copy from the responding agency (police, county sheriff, or New Mexico State Police). That official copy is often more persuasive than an informal online printout.
2) Seek and document medical care immediately
Get examined even if injuries seem minor. Some injuries (whiplash, concussions, internal injuries) show up later. Follow all medical advice and keep records: emergency department notes, follow-up visits, imaging, therapy records, and prescriptions. Medical records and bills are central to proving injury and damages.
3) Preserve and collect evidence
- Photos and video of vehicles, damage, road marks, traffic signs, and your injuries;
- Repair estimates, receipts, tow records;
- Names and contact info for witnesses listed on the report; if you find new witnesses, record their statements and contact info;
- Any surveillance or dash-cam footage — request and preserve promptly (tapes are often overwritten);
- Keep correspondence and claim numbers from insurers, and keep a detailed log of missed work and other losses.
4) Notify your insurance company — but be cautious
Most policies require prompt notice. Provide basic facts, your policy information, and cooperation. Avoid giving a recorded statement about fault or posting about the crash on social media. If the insurer asks you to sign medical releases or broad authorizations, consider seeking legal advice first.
5) Use the crash report as one piece of proof — it is not dispositive
Police reports often include officer opinion and summaries of statements. They are helpful but not conclusive. The other driver’s insurance company may still deny or minimize liability. Corroborate the report with photos, witness statements, and physical evidence.
6) Contact the responding agency to fix errors
If the crash report contains factual errors (wrong vehicle, date, or misidentifies injured parties), contact the agency that prepared the report promptly. Ask how to request an amendment or submit supplemental information. Keep copies of all requests and responses.
7) Consider a lawyer early — what a lawyer will do for you
An attorney who handles New Mexico auto injury claims can:
- Review the crash report and other evidence for inconsistencies;
- Collect hard-to-get evidence (surveillance, cell-tower records, expert accident-reconstruction reports);
- Handle communications with insurers, demand letters, and settlement negotiations;
- File a lawsuit and take your case through discovery, mediation, or trial if needed;
- Calculate and document non-economic losses (pain and suffering), future care, and lost earning capacity.
8) Be aware of deadlines in New Mexico
Personal injury lawsuits in New Mexico generally must be filed within three years of the injury. That three-year rule is set out in New Mexico law for actions based on injury to the person. Missing that deadline can bar your claim. For the statutory text, see the New Mexico statutes governing limitations on actions: New Mexico Statutes (visit the New Mexico Legislature site and search for "limitations on actions" or "statute of limitations"). Because other deadlines or notice requirements may apply to claims against government entities or for special circumstances, consult an attorney promptly if the crash involved a city, county, school, or state vehicle or property.
9) Settlement vs suit: what to expect
After your medical condition stabilizes, your attorney can prepare a demand package: crash report, medical records and bills, wage loss documentation, photos, and a written demand for compensation. Insurers often respond with settlement offers. Many cases settle without filing suit. If negotiations stall, your attorney may advise filing a lawsuit before the statute of limitations expires and proceed through discovery and, if necessary, trial.
10) What the crash report typically cannot prove on its own
The report rarely answers complex questions: precise moment of impact, speed, distracted driving not observed by the officer, or prior medical conditions. Expect your attorney to seek additional evidence and expert opinions when needed.
11) Practical next steps checklist
- Keep the official crash report in a safe place and make copies;
- Continue medical treatment and get copies of all records;
- Collect and preserve photographic and physical evidence;
- Notify your insurer and keep claim numbers;
- Contact the responding agency to correct the report if needed;
- Consider contacting a personal injury lawyer — many offer free consultations and work on contingency;
- Track deadlines and act before the statute of limitations runs.
Note about government claims: If your claim involves a state, county or municipal vehicle or property, special notice or shorter filing deadlines may apply. Discuss those facts with an attorney immediately so you do not lose rights by missing a required notice period.
Important disclaimer: This article is for general information only and is not legal advice. Nothing here creates an attorney-client relationship. For advice about your specific situation, consult a licensed New Mexico attorney.
Helpful Hints
- Get medical care right away and follow up — unreported injuries are hard to prove later.
- Do not post about the crash or your injuries on social media; insurers use those posts to challenge claims.
- Save copies of everything: medical bills, repair estimates, receipts for taxis/rentals, and work-loss documentation.
- Ask the responding law-enforcement agency for the official certified crash report; it is stronger evidence than an uncertified printout.
- Don’t sign broad medical-release forms for the other driver’s insurer without legal advice.
- If you are contacted by the other side’s attorney, refer them to your attorney or provide only basic identity and insurance information.
- If a government vehicle or property was involved, notify an attorney immediately about possible notice requirements.
- Ask about contingency-fee arrangements (many personal injury lawyers are paid only if you recover).