The Ultimate Guide to Auto Accidents in New Mexico

If you’ve been in a car accident — or you’re trying to help someone who has — you’re probably feeling a mix of confusion, stress, and frustration. I get it. It’s not just the wreck. It’s the aftermath. The doctor’s visits, the phone calls from insurance adjusters, the car repair estimates, the medical bills, and the uncertainty about what to do next. It can feel like you’re expected to become a legal expert overnight — while also dealing with pain, missed work, and the emotional toll of the whole experience.

That’s why I wrote this guide.

My name is Jeremy Worley, and I’m a personal injury attorney based in Roswell, New Mexico. I’ve spent my career helping people in small towns and cities across our state navigate the chaos that follows a serious crash. Over the years, I’ve sat across from clients who were scared, angry, overwhelmed — and just trying to make sense of what comes next.

This guide is for them. And now, it’s for you.

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Who this is for:

• People who have just been in a car wreck and don’t know what to do next
• People who are hurt and wondering if their injuries are “bad enough” to get help
• People getting the runaround from insurance companies
• People thinking about hiring a lawyer but unsure how that works — or if it’s even necessary
• Families trying to help a loved one through the aftermath of a crash

Whether you’re a parent, a rancher, a nurse, a student — or just someone who got hit while driving to Walmart — this guide is here to give you clear answers, practical steps, and real-world insight from someone who’s helped folks just like you.

There are a lot of voices out there offering advice about car accidents — blogs, videos, “10 things to do after a wreck” lists. Heck, I’ve written plenty of those and they can be helpful.  But most of them aren’t written by someone who’s sat with clients, fought insurance companies, and walked through this process day in and day out. I have.

This is the guide I’d want my own family to have if they were in a crash.

So, take your time. You don’t have to read it all at once. Use the table of contents to jump to the part you need. And if at any point it starts to feel like too much — if the stress is just too high or the paperwork too confusing — we’re here. Call us, text us, email us. We help people in your shoes every single day.

Let’s get started.

Establishing Liability - Who Is at Fault?

After a car accident, one of the first questions that comes up — from insurance companies, doctors, even family — is this: “Whose fault was it?”

That’s because fault determines everything.

In New Mexico, the person who is at fault is financially responsible for the damage based upon their percentage of fault. That includes paying for medical bills, lost wages, car repairs, and even pain and suffering — either through their own insurance policy or, in rare cases, personally.

How Is Fault Determined?

Fault is usually determined by looking at:

• The police report
• Statements from drivers, passengers, and witnesses
• Photos or videos from the scene
• Traffic laws (who had the right of way, who ran a light, etc.)
• Vehicle damage patterns
• Medical records (when they show impact locations or timing)

The insurance adjusters on both sides do their own investigation. But don’t assume they’ll get it right — or that they’re unbiased. Insurance companies are protecting their own bottom line. That’s why having your own advocate (a lawyer) can make such a big difference in how fault is ultimately assigned.

Can More Than One Person Be at Fault?

Yes. New Mexico follows what’s called a pure comparative fault rule. That means more than one person can share blame — and your compensation is reduced by your percentage of fault.

Example:

If you’re 20% at fault and your total damages are $50,000, you can still recover $40,000.

The trick is that insurance companies love to inflate your share of fault to save themselves money. We see it all the time — even in clear rear-end crashes or left-turn cases. They’ll say things like:

• “You braked too suddenly”

• “You could have avoided it”

That’s why we (and you should) dig into the details. We get witness statements. We pull camera footage if it exists. We hire accident reconstruction experts when needed. We don’t let insurers shift blame unfairly.

Why Fault Matters

• Your compensation depends on it: Even a 10% shift in blame can cost you thousands of dollars.

• It affects your medical bill coverage: If the other side accepts fault, they’re more likely to offer a fair settlement.

• It can determine if you even have a case: Some people don’t pursue claims because they think they were at fault — only to learn they weren’t.

I’ve had clients tell me, “Well, the police officer said it was my fault” — but the police don’t always get it right. Their report is helpful, but not final.

Bottom line

Don’t assume fault — get advice. Even if you think you might have done something wrong, it doesn’t mean you’re out of luck. Let’s talk it through. The law in New Mexico gives you a fair shot, even when blame is shared.

Common Injuries Resulting from Car Accidents

Injury severity can range from a sore neck to life-changing trauma. Here are the most common types of injuries we see in our practice:

Head injuries

Concussions are more common than people think — even without a direct hit to the head. Symptoms like fogginess, headaches, dizziness, or irritability can signal a brain injury. These often go undiagnosed early.

Neck and spine injuries

Whiplash, herniated discs, or pinched nerves are typical. Sometimes the pain doesn’t start until days after the crash. Even small impacts can cause big problems when it comes to your spine.

Bone fractures

Broken bones happen in more serious collisions — but they don’t always show up on day one. Some people walk on fractures for days thinking it’s just soreness or a sprain.

Soft tissue damage

This includes sprains, strains, and ligament injuries. While they may not show up on X-rays, they can be extremely painful and disabling. Insurance companies often downplay these — we don’t.

Internal bleeding

Some of the most dangerous injuries are the ones you can’t see. If you have abdominal pain, dizziness, or lightheadedness, seek emergency care immediately.

Steps to Follow If You’ve Been Injured in a Car Crash

Even if you feel okay right after the wreck, your next steps can make or break your claim. I can’t tell you how many times clients waited too long or said the wrong thing early on — not because they did anything wrong, but because no one had told them what to do. Here’s a simple roadmap.

Seek medical attention

Even if you think you’re fine. Symptoms often appear hours or even days later. Getting checked out creates a medical record and protects your health and your claim.

Call 911 after the crash

Always. Even if the damage seems minor. You need an official police report to document what happened. I’ve seen too many cases fall apart because people just “exchanged info” and went home.

Gather evidence

If you’re physically able, take pictures of the scene — your car, their car, your injuries, skid marks, road conditions, etc. Get names and contact info of any witnesses. Take notes while your memory is fresh. The police will do some of that also, but you don’t want to rely solely on what they gather. This kind of documentation forms part of the crucial evidence you need when filing a claim for compensation after an auto collision, and having it early can make a major difference in the success of your case.

Avoid posting on social media

Contact a proven car accident attorney in Roswell

You don’t have to figure this out alone. The sooner you involve a car accident attorney, the better protected you’ll be. We make sure the evidence is preserved, your bills are covered, and you’re not taken advantage of.

How Long After a Crash Can You Claim an Injury?

In New Mexico, you typically have three years from the date of the crash to file a personal injury lawsuit. But don’t let that lull you into waiting. In fact, there are important exceptions such as if a government vehicle was involved — like a city truck or school bus — your deadline could be as short as 90 days to file a notice of claim.

You can watch my video here to get more detailed information on the deadlines (called statutes of limitation).

Insurance claims usually start within days of the accident. Evidence disappears quickly. Witnesses forget. Medical records get messy.

Even if you’re not ready to sue, talk to a lawyer early. We help preserve your rights while you focus on healing. The earlier we get involved, the stronger your case tends to be.

What Does a Car Accident Lawyer Do?

Some people hesitate to call a lawyer because they think it’s going to start a fight. The truth is, most of what we do happens quietly — behind the scenes — and never ends up in a courtroom.

Here’s what we do every day:

• Investigate your crash
• Collect your medical records and bills
• Deal with the insurance companies so you don’t have to
• Help you get medical care (even if you don’t have insurance)
• Negotiate a fair settlement
• Go to court if we have to, but only if needed

Think of us as your guide and your shield. We walk you through the process, make sure nothing gets missed, and fight to get you compensated for what this wreck has taken from you. At our firm, we like our clients to understand that we provide peace of mind. 

Why Hire a Car Accident Lawyer in Roswell?

There are a lot of personal injury attorneys out there. So why does it matter that we’re based in Roswell?

Because when you’re dealing with something this personal — your health, your money, your future — local matters.

We know the local doctors and chiropractors. We’ve worked with the Roswell police, the Chaves County courts, the insurance adjusters who handle this region. We’ve probably handled a case involving the same intersection or the same kind of injury.

We don’t just know the law — we know the community.

And more than that, we’re here. You can call. You can stop by. You can look us in the eye. We’re not a billboard law firm from Albuquerque or out of state. We’re real people who live and work in this town — and we take care of our neighbors.

Hiring a lawyer can feel intimidating. We try to make it feel more like talking to a friend who knows how to handle this stuff.

How to Find the Best Car Accident Attorney in Roswell

Even If It’s Not Us, Here’s what you should know before you choose the right personal injury attorney

I’ll say this up front: I don’t believe every person needs a lawyer after a car crash. (link to Jeremy video on when you should NOT hire an attorney). And I definitely don’t believe that I’m the right fit for every single person out there. But if you’re hurt, missing work, getting the runaround from the insurance company, or just don’t know where to start — having the right attorney on your side can make a huge difference.

Not just any lawyer — the right one. Here’s how to find them.

Do your research. Start by looking at personal injury lawyers in your area — not just the ones with TV ads. Check their websites. Look at their practice areas. Do they focus on injury law, or are they juggling divorces, bankruptcies, and criminal defense too? You want someone who does this kind of work every day, not once in a while.

Ask family and friends for referrals. One of the best ways to find a great lawyer is to ask people you trust. Maybe a friend was in a wreck last year. Maybe a cousin used someone they really liked. Word of mouth still matters in a town like Roswell. Ask around.

Look at results and settlements. What kind of outcomes has the lawyer achieved? Have they handled cases like yours? Have they taken on the same insurance companies? You don’t always need a million-dollar result — you need someone who consistently gets fair results for real people.

Read testimonials. Client reviews will tell you more than a polished bio ever could. Are people saying the lawyer was responsive? Honest? Did they feel heard? Did the lawyer fight for them? Or did they feel like they got lost in the shuffle? You want to hear real stories from real clients — especially those who sound like you.

Review awards, credentials, and community reputation. It’s not about having every plaque on the wall. But if your lawyer has earned recognition from their peers, community, or local bar association — that’s a good sign. Also ask: are they involved in the community? Do they care about the people here, or are they just here for the cases?

Schedule a free consultation and ask questions. You should never feel pressured when talking to a lawyer. Most injury lawyers (including us) offer free consultations. Use that time to ask:

• How many car accident cases have you handled?
• Have you dealt with injuries like mine?
• Who will actually be handling my case? (this is a big one!)
• How do you get paid?
• What happens if my case doesn’t settle?
• How will you communicate with me?
• How do I stay updated on my case?

Listen to how they answer — not just what they say. You want clarity, not legal jargon. You want honesty, not hype.

How About Attorney Fees?

But how about attorney fees?  How much does it cost?  We hae great news. You don’t have to have money to hire us.  We are paid on a contingency basis which means we are paid a percentage of what we recover for you.  

Read this blog to learn more about how attorney fees work.

Now let’s continue because this is the ULTIMATE guide so that means we have more to cover.  

Who Pays My Medical Bills After a Car Accident?

Spoiler: It’s Not Always Who You Think

Most people assume that if the other driver caused the accident, their insurance will automatically cover all the medical bills. Unfortunately, that’s rarely how it works.

You’re usually on the hook up front. The other driver’s insurance doesn’t start writing checks just because their client caused the wreck. And they’re not going to pay your bills as they come in.

So who does pay first?

Medical Payment (“MedPay”). Typically, it is your own auto insurance (if you have MedPay which is short for medical payments if you are looking at your auto policy coverage). This coverage helps with ambulance rides, ER visits, and doctor appointments, no matter who caused the crash. It’s typically available in amounts like $1,000 to $10,000 and pays quickly. (link to my video on Med pay). 

Your health insurance. If MedPay runs out (or you didn’t have it), your health insurance usually kicks in next. You might still owe copays or deductibles. And your plan may want to be reimbursed from your settlement later. But there are some real benefits to using your own health insurance.  (See what I wrote here for more details) – link to Jeremy article on using your own health insurance). Also, link to my blog on why do I have to reimburse my health insurer. 

You may be able to treat on a lien. If you don’t have insurance, some medical providers will treat you on a “lien” — meaning they agree to get paid from your settlement once your case resolves. We typically work with providers who are willing to wait, but that is dependent on each provider and the type of treatment needed. For example, chiropractors might be willing to treat based upon getting paid out of a settlement, but a surgeon/hospital won’t. 

Eventually, the other driver’s insurance may reimburse you — but not right away. They only pay once, in a final lump-sum settlement. And they’ll try to pay as little as possible.

Bottom line: Don’t wait for someone else to pay. We help our clients line up care, use MedPay, avoid collections, and stay financially afloat while they heal.

There’s a lot to cover and understand about medical bils and expenses after an accident.

Should I Talk to the Insurance Adjuster?

Why That Friendly Call Isn’t Really Your Friend…

One of the first people to contact you after a crash will be the insurance adjuster for the other driver. They’ll tell you they just want to “get your side of the story.”

But here’s the truth: the adjuster works for the insurance company — not for you. Their job is to protect the company’s money.

They are trained to:

• Get you to admit fault
• Get you to downplay your injuries
• Record statements that can be used against you
• Push for quick, lowball settlements

Should you give a recorded statement?

Almost always, no. You are not legally required to give a recorded statement to the other driver’s insurer. Even innocent-sounding answers can be twisted to hurt your case. They do have a right to gather information, but I recommend you consult an attorney before giving a recorded statement. 

What about your own insurance company?

You should report your accident to your auto insurer.  First, your policy almost certainly requires you to report it, even if you aren’t at fault.  Second, there may be some parts of your policy that are helpful to you, such as MedPay. It can also be helpful to have someone on “your side” to talk to if you don’t have an attorney. They may help you understand what coverage you have that is available to you, and sometimes they can be involved with your property damage or even a rental car.   

Keep in mind though that you should still be mindful that even your own company—yes, that’s right – even your own insurers seek to limit what they have to pay you.  

For this reason, it’s smart to talk to an attorney first — we can help you know what to say and what not to.

Bottom line: Insurance companies aren’t on your side so proceed with caution. 

Want more specific info?  Check out my blog of how to interact effectively with insurance adjusters after an accident. 

How Much Is My Case Worth?

The answer is… drum roll please… it depends!  Ok, that’s a bummer, but it really does depend on so many circumstances.  This is why you can’t base what you are going to get based on what a friend or family member received in a settlement… (or in some cases, “my cousin’s friend’s uncle in another state”) 

But let’s talk about what really affects the value of a claim. There’s no calculator that will tell you exactly what your case is worth, but here are the factors that matter most:

• Medical expenses. This includes all past and future treatment, rehab, surgeries, prescriptions — everything related to your injury.
• Lost wages and earning capacity. If you missed work — or can’t go back — those losses should be included. (link to Jeremy video on lost earnings)
• Pain and suffering. This covers your physical pain, emotional stress, and how your life has changed.
• Permanent injury or disability. Long-term effects or permanent damage significantly increase a case’s value.
• Severity of the crash. More serious wrecks (rollovers, high-speed impacts, airbag deployment) support bigger settlements — especially if they match up with medical findings.
• Comparative fault. In New Mexico, if you’re partially at fault, your recovery is reduced by your percentage of responsibility. 

Bottom line: The better documented your medical treatment, the stronger your case. And working with someone who knows how to present it the right way makes a big difference.

What If the Other Driver Didn’t Have Insurance (or Not Enough)?

If the other driver doesn’t have enough insurance to cover your damages, you will have to look to your own insurance policy for help—specifically to your UM/UIM coverage if you purchased it. Let’s jump in and discuss UM/UIM coverage, and let’s start with some terminology.  

Uninsured motorists coverage (“UM”). UM covers accidents caused by drivers with no insurance.

Underinsured motorists coverage (“UIM”). UIM covers when the at-fault driver’s coverage isn’t enough to pay for your damages.

Unfortunately, not everyone follows the law which requires drivers to keep liability insurance — and even when they do, the legal minimums aren’t enough for serious injuries.

That’s where uninsured/underinsured motorist coverage (UM/UIM) comes in.

In New Mexico, UM/UIM is optional but must be offered. Many people have it without realizing it, so be sure to check your auto policy declarations page.

Example:

The other driver has $25,000 in liability coverage. Your total damages are $100,000. If you have $75,000 in UIM, your own policy can step in and cover the gap.

Using your own UM/UIM policy doesn’t mean you’re “suing yourself.” You’re using coverage you paid for to protect yourself.  And using it does not cause your rates to go up because you were not at fault.  (see my blog here)

We routinely help clients unlock this coverage and maximize what they’re owed.

Do I Have to Go to Court?

A lot of people avoid calling an attorney because they don’t want to go to court. The truth is, most car accident cases settle without ever filing a lawsuit.

When you bring a claim against another driver’s insurance, you are not “suing” them.  You are simply making a claim.  If the claim cannot be resolved outside of court through a settlement, it is only at that time that a lawsuit must be filed.  

Even when we do file, the case still usually settles before trial.

We primarily recommend court when:

• The other side refuses to accept fault

• The insurance company won’t offer a fair settlement

• There are serious or permanent injuries that require future care

If we do go to court, we prepare you every step of the way. We don’t push people to trial — but we’re ready when that’s the best path forward.

How Long Will My Case Take?

This is one of the most common questions we get. And the answer is once again… it depends! Here’s a general timeline (with many exceptions):  

• Lower complexity/minor treatment/ no-lawsuit cases: 3–6 months 
• Cases involving long-term medical treatment: 6–12+ months 
• Lawsuits or complex cases: 12–24+ months

A big factor is how long you’re in treatment. We don’t want to settle your case before we know the full extent of your injuries and recovery — once you sign a release with a settlement, you can’t go back.

What Happens If I Was a Passenger?

Yes — You Have Rights, and You Can Absolutely File a Claim

If you were injured as a passenger, you have every right to seek compensation. You didn’t cause the crash — and that means someone else’s insurance should pay.

You may have a claim against:

• The driver of the other vehicle (if they were at fault)
• The driver of your vehicle (if they were at fault)
• Your own UM/UIM policy; and
• The UM/UIM of the vehicle you were riding in. 

A lot of passengers are nervous about filing claims, especially if the driver is a friend or family member. But remember you’re not suing them personally — you’re using their insurance, which is exactly what it’s there for.

We handle passenger claims all the time and help people get medical care and compensation without ruining relationships.

Understanding Property Damage Claims

How Car Repairs, Total Losses, and Rental Cars Really Work After a Wreck

While your injuries might be the most important thing long-term, the first headache most people deal with after a crash is their car. You need it to get to work, take your kids to school, run errands — and suddenly, it’s sitting in a tow yard or the shop.

Let’s walk through the basics of property damage after a car accident.

Who Pays to Fix or Replace My Car?

If the other driver is at fault, their insurance company is supposed to pay for the repairs or the value of your vehicle. But keep in mind — they’ll only do that after they’ve accepted liability. That can take days, sometimes longer, depending on the investigation.

If you have collision coverage under your own auto policy, you can choose to go through your insurance instead. Yes, you may have to pay your deductible up front, but you’ll usually get help faster. Your insurer can then seek reimbursement (including your deductible) from the at-fault driver’s insurance.

What If My Car Is Totaled?

A vehicle is considered a “total loss” if the cost to repair it is close to or more than the value of the car — typically 70–75% of its market value.

If your car is totaled, the insurance company owes you the actual cash value (ACV) of the car — not what you paid for it, and not what you owe on your loan.  Insurance companies typically use software to value your vehicle. This is typically done by pulling recent sales values from vehicles like yours, but also using valuations from sites like Kelley Blue Book. www.kbb.com for an appraisal. 

This can be frustrating. People often feel like they’re being lowballed — and sometimes they are. Most of the time the value of a car is relatively easy to determine because it has a true market value, unlike your bodily injuries. But the main thing you want to be mindful of is whether the insurer has the right make, model, mileage of your vehicle and any other special upgrades your vehicle might have as well.  Outside of that, it can be challenging to get the value of your vehicle increased much since there are many valuation resources available. 

Also, if you want to keep the car after it’s totaled, you can — but the insurance company will deduct the salvage value from your settlement.

Can I Get a Rental Car?

If the other driver is at fault, their insurance should provide you with a rental car — but again, only once they accept liability. If they’re dragging their feet, or if fault is being disputed, you might be stuck waiting.

Also keep in mind, the law does not require an insurer to provide you a rental car if your vehicle is totaled.  They will owe you for the days you were unable to use your vehicle, which are called loss of use damages.  But, if your vehicle is repairable, then they will have to provide you with a rental while your vehicle is being repaired. 

If you have rental coverage under your own policy, you can get a rental right away, and your insurer can seek reimbursement later.

What About Towing and Storage Fees?

If your car was towed from the scene and is sitting in a storage yard, fees can rack up quickly — sometimes $15–$60 a day.

The at-fault party’s insurance should reimburse these costs, but only for a reasonable period. If you delay retrieving the vehicle or making a decision about repairs, you could be on the hook for extra fees.

It’s very important to act quickly: contact the yard, move the car to a repair shop or your home, and keep receipts.  You have a duty to mitigate (i.e. limit) your damages.  

Pro Tip! One of the biggest problems and headaches arises from a crashed vehicle sitting in a tow yard accumulating fees.  Insurance companies will only pay a few days storage and many accident victims don’t know they have to do something to limit those fees which can include using your own insurance to handle the property damage or releasing the vehicle to that at-fault party insurer if it is totaled.  Either way, don’t let your vehicle just sit at a tow yard. 

Can I Get Paid for the “Diminished Value” of My Car?

In some cases, yes. If your vehicle is repaired but now worth less because it has an accident history, you can make a diminished value claim.

This is more common for newer or high-end vehicles. You’ll usually need documentation (and sometimes an appraisal) to support the claim.

What If I Owe More Than My Car Is Worth?

This is one of the most frustrating parts of a total loss claim. If your car is totaled and you still owe money on your auto loan — more than the insurance company says the car is worth — you’re responsible for the difference.

That’s right: the insurance company only pays the actual cash value of the vehicle, not what you owe.

Example:

You owe $18,000 on your loan. The insurance company says your car is worth $13,000. That leaves you with a $5,000 gap — and yes, you still have to pay it.

Unless you have gap insurance.

Gap coverage (short for “guaranteed asset protection”) is optional insurance that covers the difference between what your car is worth and what you owe on it. It’s often offered when you buy or lease a vehicle, especially if you put little or no money down.

If you have gap insurance — either through your auto insurer or your lender — it may pay off the remaining loan after the primary insurance payout. If you don’t, you’ll need to make arrangements with your lender to cover the balance.

Tip: If you’re financing a newer car, especially one that depreciates quickly, gap insurance can be a financial lifesaver. We always recommend people check whether they have it.

Insurance is King

One last tip…and this one can be tough to accept.  The reality is your ultimate recovery, and the success of your claim will largely depend on whether there is sufficient insurance to cover your damages.  I’d love to tell you that justice always prevails, and things just always work out.  But that’s not always the case.  There are many variables that impact outcomes, but a big one--- particularly in larger cases—is that the availability of insurance is critical.  

To understand more about why, check out my blog about “Insurance is King” 

Wrap-Up: You Made It Through the Definitive Guide

Now that we’ve covered it all — injuries, timelines, adjusters, fault, and everything in between — you’re better informed than most accident victims.

You don’t have to become a legal expert overnight. That’s our job.

Free Consultation – No Pressure, Just Straight Answers

Call, email, or stop by. We’ll review your situation and explain your options. If we can help, we will. If we’re not the right fit, we’ll help you find someone who is.

Remember, without question the best thing you can do - seek professional legal advice to ensure your interests are well represented throughout the claims process.

Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form. If you want even more information, feel free to check out my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more.