Injured While Visiting New Mexico?
Ten Things You Need to Know

Whether you came to New Mexico to explore White Sands, hike in the Sangre de Cristo Mountains, ski in Taos, or visit the famous home of the International UFO Museum and Research Center in Roswell where our office is located, no one expects their trip to end with a serious injury. 

More than 42 million trips are made to New Mexico every year, and many people simply pass through while traveling on Interstate 10, Interstate 25, or Interstate 40. Learn more about the best places to visit in New Mexico. Because New Mexico has thousands of miles of high-speed rural highways and serves as a major crossroads for travelers across the southwest, serious traffic accidents unfortunately occur here every day.

Over the years, I have represented many clients from Texas, Arizona, Colorado, Oklahoma, California, and states across the country who were injured while visiting or passing through New Mexico. I have met with families in hotel rooms after their car was totaled who had no way to get home and didn't know what to do. I'm always glad they called because we can help. Working with an experienced personal injury attorney who understands New Mexico law can make the process much easier, especially if you live in another state.

One of the first questions I hear is, “Do I have to come back to New Mexico to pursue my case?” Fortunately, in most situations, the answer is no. Thanks to technology, we can usually handle nearly every aspect of your case remotely while you recover at home. But let’s address some of the most common questions that come up in this situation.

Contact Us

1. Does New Mexico law apply if I was injured while visiting?

Generally, yes. If the accident happened in New Mexico, New Mexico law will usually govern your personal injury claim, even if you live in another state. That means issues such as fault, damages, insurance coverage, and the deadline for filing a lawsuit are typically determined under New Mexico law. There can be additional legal issues if uninsured or underinsured motorist (UM/UIM) coverage under your own out-of-state automobile insurance policy becomes involved. Depending on the circumstances the law of the state where your policy was issued may affect how that coverage is interpreted and applied. We regularly work through these issues when representing out-of-state clients injured in New Mexico.

2. Can I hire a New Mexico lawyer if I live in another state?

Absolutely. In fact, it is usually the best choice. A New Mexico attorney understands the state’s laws, local courts, insurance companies, and procedures. Even if you live elsewhere, your case will generally be handled under New Mexico law if your accident occurred here. In the past, I have been contacted by a New Mexico residents injured in another state, and I have encouraged them to retain an attorney in the state where the accident occurred. 

3. Will I have to come back to New Mexico?

Usually not. Most communication can be handled by phone, email, text message, video conference, and electronic signatures. We routinely represent clients who never need to return to New Mexico while their case is pending. (And if I am being honest, most people injured in an accident in New Mexico never want to return so this is a welcome relief for most!) If a lawsuit becomes necessary, there is always a possibility that you may need to attend a deposition, mediation, or trial. However, most personal injury claims settle before trial.

4. Can I receive medical treatment after I return home?

Yes. In fact, that is what most visitors do. After receiving any emergency care in New Mexico, many people continue treatment with doctors, specialists, chiropractors, or physical therapists near their home. We regularly work with medical providers throughout the country to obtain the records needed to support our clients’ claims. And while I am on the topic: using health insurance after an accident is often the best way to ensure you receive the medical care you need without unnecessary delays. Here’s an article (with a video) I wrote explaining why.

5. What if I was driving a rental car?

Rental car accidents can involve several different insurance policies. Depending on the circumstances, coverage may come from the at-fault driver’s insurance, your own automobile insurance, the rental car company’s coverage, or even benefits provided through your credit card. Determining which policies apply is not always straightforward, and we help clients identify every available source of insurance coverage.

6. What if the insurance company contacts me?

Be careful before giving a recorded statement. The other driver’s insurance company may contact you within days of the accident. While they often make a recorded statement sound routine, you are generally not required to provide one to the other driver’s insurance company. Speaking with an attorney first can help you avoid unintentionally hurting your claim. Learn more about how to deal with an insurance adjuster after a car accident. 

7. What if I was partially at fault?

You may still have a claim. New Mexico follows a pure comparative fault system. That means you can still recover compensation even if you were partly responsible for the accident. Any recovery is generally reduced by your percentage of fault. Learn more about personal injury claims if you were partially at fault.

8. How long do I have to file a lawsuit?

In most personal injury cases, New Mexico’s statute of limitations is three years from the date of the accident. There are important exceptions. Claims involving governmental entities often require much earlier notice, and different rules may apply to minors or other unique situations. Waiting too long can permanently affect your rights, so it is best to speak with an attorney as soon as possible. Learn more about what the Statute of Limitations for Personal Injury Claims in New Mexico is and how it may affect your case.

9. What compensation can I recover?

Every case is different, but depending on the facts, an injured visitor may be entitled to recover compensation for different types of damages in an auto accident settlement, including:

• Medical expenses
• Future medical treatment
• Lost wages and reduced earning capacity
• Pain and suffering
• Permanent injuries or disability
• Property damage
• Other losses recognized under New Mexico law, including potentially punitive damages.

10. Can I still pursue a claim after I’ve gone home?

Absolutely. Most of our out-of-state clients return home shortly after their accident. We continue communicating with them throughout the case and work with their local medical providers while handling the legal process here in New Mexico. Whether your accident occurred near Roswell, Albuquerque, Santa Fe, Las Cruces, Carlsbad, or somewhere along one of New Mexico’s interstate highways, we can usually handle your case without requiring repeated trips back to the state.

Need help? Have questions?

If you’ve been hurt in a car accident and aren’t sure what your next step should be, feel free to contact us. Our experienced personal injury attorneys at The Injury and Disability Law Center are 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.