New Mexico at a glance
New Mexico allows three years to sue for an injury to the person.[1] Notice of a claim against the state is due within 90 days.[2] New Mexico uses pure comparative negligence.[3] Drivers must carry at least $25,000/$50,000 in bodily injury coverage.[4]
Filing deadlines
N.M. Stat. § 37-1-8
for an injury to the person or reputation of any person, within three years.
Source: [1]
In plain English, most injury lawsuits in New Mexico must be filed within three years.[1]
Tort Claims Act notice: N.M. Stat. § 41-4-16
Every person who claims damage or injuries from the state of New Mexico under the Tort Claim Act … shall cause to be presented to the Risk Management Division for claims against the state within ninety days after the occurrence giving rise to claim
Source: [2]
Shared fault
Scott v. Rizzo (N.M. 1981)
We therefore hold that a pure comparative negligence standard shall supersede prior law in New Mexico, and that a plaintiff suing in negligence shall no longer be totally barred from recovery because of his contributory negligence.
Source: [3]
Under pure comparative fault, an injured person who was partly at fault can still recover, but the award is reduced by their share of fault.
Auto insurance requirements
The New Mexico MVD lists minimums of “$25,000 for bodily injury to or death of one person, $50,000 for bodily injury to or death of two or more persons, and $10,000 for property damage in any one accident.”[4] New Mexico is not one of the no-fault states.[5]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in New Mexico?
In plain English, most injury lawsuits in New Mexico must be filed within three years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- N.M. Stat. § 37-1-8. Justia. https://law.justia.com/codes/new-mexico/chapter-37/article-1/section-37-1-8/
- N.M. Stat. § 41-4-16. New Mexico General Services Department. https://generalservices.state.nm.us/risk-management/property-and-casualty/submit-forms-online/tort-notice-of-claim/
- Scott v. Rizzo, 96 N.M. 682 (1981). Justia. https://law.justia.com/cases/new-mexico/supreme-court/1981/96-n-m-682.html
- New Mexico MVD. “Insurance.” https://www.mvd.newmexico.gov/vehicles/insurance/
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
