Detailed Answer
Short answer: In New Mexico you can generally obtain a copy of the police crash report prepared by the law enforcement agency that investigated the crash. For additional materials (detailed investigative reports, photographs, diagrams, or officer notes), you usually must request them from the investigating agency; some items may be public while others may be withheld or redacted. Requests for records are governed by New Mexico’s public‑records law, and different rules apply if you need these records for an insurance claim, a lawsuit, or litigation.
Who prepares and keeps the crash report?
When an officer responds to a motor vehicle collision they usually complete an official crash report (sometimes called a collision report or accident report). The investigating law enforcement agency—city police department, sheriff’s office, or the New Mexico Department of Public Safety—retains that report and any related materials (photos, sketches, witness statements, body‑worn camera footage, and follow‑up notes).
What the basic crash report typically contains
- Names, addresses, and driver/vehicle information for drivers involved.
- Date, time, and location of the crash; weather and road conditions.
- Diagram of the crash scene (if prepared).
- Officer’s narrative of what happened and initial determinations of fault, citations, or arrests.
- Injuries and vehicle damage descriptions.
How to get a copy — step by step
- Identify the investigating agency. Check the citation, police report number, or the crash location and time to determine whether city police, county sheriff, or the New Mexico Department of Public Safety investigated the crash.
- Contact the records division. Call or visit the records section of that agency or check its website. Many agencies provide an online request form or a specific process for crash reports.
- Provide required information. Typical requests include: name of a driver, report number (if you have it), date and time of the crash, and identification. The agency may ask for a copy of your ID and a signed release if you are requesting someone else’s personal information.
- Pay any fees. Agencies commonly charge a modest copying fee or a per‑page charge and possible fees for retrieval or preparation of digital files.
- Wait for processing. Processing time varies by agency—from same day, to a few days, to several weeks for large or older files.
Where to request in New Mexico
Start with the law enforcement agency that investigated the crash. If a state trooper investigated the collision, contact the New Mexico Department of Public Safety (https://www.dps.nm.gov/). For municipal crashes, contact the city police department or county sheriff’s office where the crash occurred. If you are unsure, contact the investigating agency listed on your insurance correspondence or the citation.
Public records law and limits on disclosure
Requests for crash reports and related materials fall under the New Mexico Inspection of Public Records Act (IPRA). The IPRA presumes public access to government records, but the law allows limited exceptions and redactions for privacy and safety reasons. (See New Mexico’s public‑records framework: NMSA 1978, Chapter 14, Article 2—information and requests are available from the New Mexico Legislature: https://www.nmlegis.gov/.)
What might be withheld or redacted
- Personal identifying information may be redacted in some contexts.
- Active investigation materials (e.g., confidential witness statements or certain officer notes) may be withheld while an investigation or prosecution remains open.
- Parts of the file may be withheld if disclosure would endanger safety or compromise privacy rights.
Requesting more detailed materials (photos, diagrams, officer notes, BWC)
You should explicitly request the additional items you want: scene photographs, dash‑cam or body‑worn camera footage, the officer’s supplemental/arrest reports, and measured diagrams. Agencies often provide these if they are public records; video may be large and require a digital delivery fee. If the agency denies access, ask for a written denial that cites the legal basis and explains how to appeal.
Using reports for insurance claims and lawsuits
Insurance companies regularly obtain crash reports to process claims. If you are making a claim, provide the insurer with the report number and copies of records you already received. For litigation, your attorney can issue subpoenas or discovery requests to obtain withheld or redacted materials that are discoverable but not released under a public‑records request.
If the agency denies your request
If you believe the denial violates New Mexico law, you can:
- Ask the agency for the statutory basis of the denial and whether redaction is possible.
- File an administrative appeal with the agency if a process exists.
- Seek judicial review—ask a court to order disclosure. Courts weigh privacy and law‑enforcement interests against public‑access rights under IPRA.
Practical timeline and cost expectations
Small municipal agencies often provide a basic PDF in days with modest fees ($0–$25 is common). Larger or state agencies may take longer, and multimedia (video, many photographs) can increase cost. If you need materials quickly for a claim, request the basic crash report first and follow up for supplemental items.
When to ask for help from a lawyer
If an agency refuses to release material you need for a claim or litigation, or if the materials are critical to proving fault or injury and you encounter delay, ask a licensed attorney to advise you. An attorney can request records in discovery, file motions to compel, or pursue court remedies for wrongful withholding. This article does not give legal advice and does not create an attorney‑client relationship.
Official resources
- New Mexico Department of Public Safety (for state trooper reports): https://www.dps.nm.gov/
- New Mexico Legislature (Inspection of Public Records Act reference): https://www.nmlegis.gov/
Disclaimer: This article explains general principles of New Mexico law and common administrative procedures. It is for educational purposes only and is not legal advice. For advice about your specific situation, contact a licensed attorney in New Mexico.
Helpful Hints
- Start with the investigating agency—your fastest route is the law enforcement records office that wrote the report.
- Have the report number, date/time, and location ready when you call or submit an online request.
- Ask for both the “crash report” and any “supplemental reports,” photos, and video—be specific so the agency knows what to search for.
- Keep copies: download and save any digital files you receive; multimedia may be removed or archived later.
- If you need the records for court, get help from an attorney to subpoena or obtain the full investigation file through discovery.
- If you receive a denial, request a written explanation and cite the Inspection of Public Records Act if you plan to appeal.
- For urgent insurance claims, provide insurers with the report number and copies you already have; insurers can request additional records directly from agencies.