How to file a personal injury claim in New Mexico after a driver ran a stop sign and hit your car

Short answer: Get medical care, preserve evidence, report the crash, notify your insurer, gather bills and damage records, and either negotiate a claim with the other driver’s insurer or file a lawsuit if negotiations fail. File any lawsuit before New Mexico’s statute of limitations expires. This page explains the steps, what to expect, and practical tips specific to New Mexico.

Detailed answer — step-by-step guide

1) First steps at the scene and immediately after

• Call 911 if anyone is hurt. Get medical care right away. Even if you feel OK, some injuries appear later.
• Call the police and make sure an official crash report is created. The officer’s report often records who ran a stop sign and contains useful details for claims.
• Collect evidence: take clear photos of vehicle damage, skid marks, the intersection and stop-sign placement, traffic signals, your injuries, and the surrounding area. Note weather, lighting, and road conditions.
• Get the other driver’s name, contact, insurance company and policy number, vehicle plate, and driver’s license if possible. Ask for witness names and phone numbers.

2) Get medical attention and document injuries

Seek medical care and follow the provider’s instructions. Keep all medical records, diagnostic tests, prescriptions, treatment notes, and receipts. Medical documentation proves causation (that the crash caused your injuries) and the cost of treatment.

3) Report the crash to your insurance company

Notify your insurer promptly. Give facts, but avoid detailed admissions about fault. Your insurer will explain coverages that may apply (liability, uninsured/underinsured motorist, medical payments). Keep a record of claim numbers and adjuster names.

4) Preserve and organize evidence

• Save the police report, photos, repair estimates, rental-car receipts, medical bills, pay stubs showing lost income, and any communications from the other driver or their insurer.
• Keep a contemporaneous injury and expense journal describing pain, limitations, medical appointments, medications, and how the crash affected daily life and work.

5) Communicate carefully with the at-fault driver’s insurer

The other driver’s insurer may contact you quickly. Give basic facts and your claim number if you have one. Do not sign releases or accept a quick low settlement without knowing the full extent of your injuries and future treatment needs.

6) Demand letter and negotiation

Once you’ve documented your medical bills, lost wages, and property damage, consider sending or having an attorney send a demand letter. The demand summarizes liability, injuries, costs, and a compensation request. Insurers will often respond with a settlement offer. Many claims resolve in negotiation.

7) When negotiation fails — filing a lawsuit in New Mexico

If the insurer refuses to pay fair compensation, you may file a civil suit in New Mexico district court (or metro/municipal courts for very small claims). Typical steps:

1. Draft and file a complaint that explains the accident, the other driver’s negligence (e.g., running a stop sign), your injuries, and your requested damages.
2. Serve the complaint on the defendant (the other driver and possibly their insurer).
3. Proceed through discovery (exchanging evidence, depositions). You and the defendant will gather and exchange medical records, repair estimates, expert opinions, and other records.
4. Attend mediation or settlement conferences; many cases settle before trial.
5. If required, proceed to trial where a judge or jury decides liability and damages.

8) Key timing rule — statute of limitations

In New Mexico, you generally must file a personal injury lawsuit within three years from the date of the injury. That limit is established by New Mexico law (see NMSA 1978, Section 37-1-8). If you miss that deadline, the court will likely dismiss your case and you will lose the right to sue.

Statute reference: NMSA 1978, § 37-1-8 — see: New Mexico Statutes (search: NMSA 1978 §37-1-8).

9) Comparative fault and how it affects recovery

New Mexico reduces a plaintiff’s award by the plaintiff’s percentage of fault. That means if you were partly at fault (for example, you failed to yield or were speeding), your total recovery is reduced by your fault percentage. Even if you were partly at fault, you can usually still recover damages.

10) Types of damages you can seek

• Past and future medical expenses
• Lost wages and loss of earning capacity
• Property damage (vehicle repair or fair-market value)
• Pain and suffering, emotional distress, and loss of enjoyment of life
• In rare cases, punitive damages (available only in specific circumstances)

11) Uninsured / underinsured motorist coverage

If the at-fault driver lacks insurance or lacks enough coverage to pay your full loss, your own uninsured/underinsured motorist (UM/UIM) coverage (if you purchased it) may cover the gap. Check your policy and contact your insurer promptly.

12) When to talk to an attorney

Consider consulting an attorney if:

• Your injuries required significant medical treatment or hospitalization.
• There is a dispute over who caused the crash.
• The insurer’s settlement offer is much lower than your documented losses.
• Your damages include long-term or permanent impairment, significant lost earnings, or complex liability facts.

An attorney can evaluate the case, explain likely value, handle negotiations, and file suit before the statute of limitations expires.

Helpful Hints

• Prioritize medical care. Early documentation of injuries helps prove causation and damages.
• Take many photos at the scene from multiple angles and as soon as possible.
• Keep all receipts, invoices, and proof of lost wages in a single organized file (paper or digital).
• Write down everything you remember about the collision while memories are fresh: time, actions, signals, statements, and events before and after the crash.
• Do not accept the first low settlement offer until you know the full extent of medical treatment and likely future expenses.
• Be cautious speaking to the other driver’s insurer. They may record your statement and use it to limit or deny your claim.
• Ask your insurer about rental car coverage and whether your policy provides immediate payments for medical bills or property damage.
• If you think the other driver fled the scene, report it to the police immediately and provide any witness information.

Quick checklist

1. Get medical care and follow-up.
2. Obtain officer report number and a copy of the crash report.
3. Photograph the scene and damage.
4. Collect witness and driver information.
5. Notify your insurance company.
6. Save all records and receipts.
7. Consult an attorney if injuries are serious or liability is disputed.
8. Consider filing suit before NMSA 1978, § 37-1-8’s deadline (three years).

Important disclaimer

This article is educational only and does not constitute legal advice. It does not create an attorney-client relationship. Laws change and every case depends on its own facts. For advice specific to your situation, consult a licensed New Mexico attorney.