What if I am partially at fault for a car accident in New Mexico? Or if the police report is wrong?
If you’re in a car accident in New Mexico and think you might be partially at fault, or the police report blames you and you know its wrong, you might wonder what happens next. A lot of people assume that if they share some of the blame, they won’t be able to recover any money for their injuries or damages. But that’s not how it works in New Mexico after a car accident. The state follows something called pure comparative negligence. Pure comparative negligence means you can still recover compensation even if you were partly responsible for the crash. However, the amount you receive will be reduced based on your percentage of fault.
Let’s say you were in an accident, and the insurance company determines you are 30% at fault because you were speeding, but the other driver ran a red light. If your total damages—things like medical bills, lost wages, and pain and suffering—add up to $100,000, you could still recover 70% of that, or $70,000. If you were 60% at fault, you’d still be able to get 40% of your damages covered. The only time you wouldn’t be able to recover anything is if you were 100% responsible for the accident. The specific facts of your matter determine what can be done.
Insurance companies love to shift blame. I have cases where the police report says the client was not at fault and the insurance company just shrugs and says, “nah!”. If they can convince you (or a jury) that you were more at fault than you really were, they pay you less. That’s why it’s so important to have solid evidence after an accident. Taking photos, getting witness statements, and having a police report can make a big difference. If you just go along with what the insurance adjuster says, you might end up taking more blame than you should. Also, the sooner you contact an attorney the sooner we can help you try and locate video footage of a collision. (Most traffic cameras in NM delete on a rolling 24 hour basis so sooner the better).
New Mexico’s pure comparative negligence law also makes dealing with insurance companies more complicated. Adjusters will often argue over the percentage of fault, trying to push as much blame onto you as possible. This is where having a personal injury attorney can help. A lawyer can review your case, gather the right evidence, and push back against unfair fault assessments to make sure you get what you deserve.
Even if you think you were partly at fault, don’t assume you have no case. It’s worth talking to an attorney before making any statements to an insurance company. What you say can be used against you, and admitting fault too quickly might hurt your claim. Talk to an attorney before you give a statement to the insurance company. In many cases, there are factors you might not have considered that reduce your level of fault. Maybe the other driver was distracted, or a road hazard contributed to the crash. These details matter.
If you’ve been in an accident in New Mexico and are worried about fault, don’t let it stop you from seeking compensation. The law allows you to recover damages even if you were partially responsible. The key is to understand your rights, gather the right evidence, and avoid making statements that could be used against you. And if an insurance company is trying to put too much blame on you, it’s worth getting legal help to fight back.
