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New Mexico · State edition

New Mexico Car Accident Settlement Calculator

Estimate a car accident settlement under New Mexico law. The calculator applies this jurisdiction's own comparative fault rule and damages ceilings, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.

Car Accident Settlement Calculator
Enter your case details
Economic damages
What you've lost in dollars
$
$
$
$
$
Injury
Used to select a pain & suffering multiplier
Injury severity
Expected recovery
Case specifics
Liability & coverage
These can cap or reduce your recovery
$
Live estimate
Case #3160
Estimated Net Take-Home
$56,160
Likely range $39,312 to $78,624
Breakdown
Economic damages$64,500
Pain & suffering (×2.85)$183,825
Property damage$11,200
Comparative fault (−15%)−$38,929
Coverage / policy cap−$120,596
Attorney fees (33.3%)−$33,300
Case costs−$5,500
Medical liens−$5,040
Net to client$56,160
Your case value exceeds the at-fault party's $100,000 policy limit. The estimate here is capped at that limit. Recovery above it would have to come from another source, such as another policy (including Underinsured Motorist coverage) or the at-fault party directly.
Statute of limitations in New Mexico: 3 years to file this claim.
This estimate is for informational and planning purposes only. It is not legal advice, financial advice, or a guarantee of any outcome. Every case is different. Consult a licensed attorney in your state for advice specific to your situation.
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Verified state law

What New Mexico law does to your claim

Three things in state law open a gap between two identical injuries in two different states: how long you have to file, what happens if you were partly at fault, and whether the state puts a ceiling on what a jury can award. Here is what we hold for this one.

Personal injury
3 years

N.M. Stat. § 37-1-8·Source retrieved 2026-07-27

Comparative fault rule
the pure comparative negligence rule

New Mexico uses pure comparative fault.

Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981)·Source retrieved 2026-07-27

Non-economic damages (pain and suffering)
None on record
Punitive damages
None on record

NMSA 1978, § 41-5-7.1 (enacted by HB 99, 2026)·Last reviewed 2026-07-30

None on record means our verified data holds no figure of this kind for this state. It is not a finding that no limit could apply to your claim.

Car insurance law

New Mexico car insurance law: minimums, PIP and uninsured motorist coverage

What New Mexico's provisions say about the insurance behind a car accident claim, in their own words, with the copy read named under each.

New Mexico: Minimum liability coverage

The New Mexico Office of Superintendent of Insurance's April 2022 "Insurance Tip of the Month" on auto insurance states:

“Minimum Liability Limits required by New Mexico Law Bodily Injury $25,000 per person $50,000 per accident Property Damage $10,000 Per accident […]”

The provision continues past the end of this quote, and the rest is not quoted here.

New Mexico Office of Superintendent of Insurance, "April Insurance Tip of the Month: Ins and Outs of Auto Insurance" (2022), read from the New Mexico Office of Superintendent of Insurance's April 2022 tip sheet, read 2026-09-28.

The New Mexico statutes were not read for this page, and no later statement of the Office was checked.

A minimum is a floor on what a policy must carry. It is not a limit on what a claim is worth, and it does not tell you what the at-fault driver carries.

New Mexico: No-fault, personal injury protection and the right to sue

Not established here. The New Mexico Office of Superintendent of Insurance's April 2022 "Insurance Tip of the Month" on auto insurance, the one source read for New Mexico, states no such rule, and New Mexico's statutes were not read for this page.

New Mexico: Uninsured and underinsured motorist coverage

The New Mexico Office of Superintendent of Insurance's Bulletin 2025-013, dated October 28, 2025, states:

“All Insurers covering risks in New Mexico are hereby notified that OSI now requires every insurer to immediately adopt per-vehicle Disclosure and Exclusion forms for use in new motor vehicle or automobile insurance applications or policy changes.”
New Mexico Office of Superintendent of Insurance, Bulletin 2025-013, read from the New Mexico Office of Superintendent of Insurance's Bulletin 2025-013 page, read 2026-09-28.

The New Mexico statutes, and the Supreme Court opinion the bulletin discusses, were not read for this page.

New Mexico: Medical payments coverage

Not established here. The New Mexico Office of Superintendent of Insurance's April 2022 "Insurance Tip of the Month" on auto insurance, the one source read for New Mexico, states no such rule, and New Mexico's statutes were not read for this page.

The fault rule, in dollars

What partial fault costs you in New Mexico

The same claim, fracture with surgery, several months of recovery, run through the calculator above four times, with nothing changed but the share of fault assigned to the claimant. The numbers are the engine's output, not an editorial claim about what these cases are worth.

0% at fault
$87,248
25% at fault
$55,940
50% at fault
$33,468
51% at fault
$32,746

One case, run through the calculator above four times with only the claimant's share of fault changed, under New Mexico law. No coverage ceiling is applied, because we would be inventing the at-fault party's policy. These shares illustrate the rule; they are not an estimate of your own fault.

Filing deadlines

Every New Mexico deadline we hold

A claim can be more than one kind of case, and the clock is different for each. These are the New Mexico periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.

Personal injury
3 years

N.M. Stat. § 37-1-8·Source retrieved 2026-07-27

Open the personal injury calculator
Medical malpractice
3 years

N.M. Stat. § 41-5-13·Source retrieved 2026-07-27

Open the medical malpractice calculator
Wrongful death
3 years

N.M. Stat. § 41-2-2·Source retrieved 2026-07-27

Open the wrongful death calculator
Workers compensation
1 year

N.M. Stat. 52-1-31 generally requires a claim within 1 year after the employer or insurer fails or refuses to pay a benefit, which is a different starting point from the date of injury.

N.M. Stat. 52-1-31·Last reviewed 2026-07-28

Open the workers compensation calculator
Slip and fall
3 years

N.M. Stat. § 37-1-8·Source retrieved 2026-07-27

Open the slip and fall calculator
Dog bite
3 years

N.M. Stat. 37-1-8·Last reviewed 2026-07-28

Open the dog bite calculator
How this state compares

New Mexico against the rest of the country

Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.

  • 11 of the 51 jurisdictions we track apply the pure comparative negligence rule, and New Mexico is one of them.
  • Its 3 years to file is longer than the 2 years that 25 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 6 years.
  • 7 of the 51 jurisdictions limit non-economic damages (pain and suffering) in our data and New Mexico is not among them, so an estimate here is not held down by a ceiling we hold.

Comparisons are drawn from the legal levers that actually move a case value, not from closed-case data, which we do not hold. See the full methodology

New Mexico Car Accident questions