What to do after a car accident in New Mexico? 2025

Car accidents are sudden, stressful, and overwhelming. It’s important to know what to do right after the fact to protect your rights, keep yourself safe, and protect any potential claim you may have. Here are some tips on how to best protect yourself after an accident.

1. Ensure Safety and Prevent Further Accidents

Number 1 throughout any case is safety and your health. If anyone is injured, call 911 immediately and request emergency assistance. If you can move your vehicle and yourself out of harm’s way, you should.

2. Call 911

Even in minor accidents, it is in your best interest to report the collision to the police. A police report is key evidence to an insurance claim or legal proceeding. It doesn’t prove everything, but it can help. (even if it's wrong, though, the sooner you contact us, the sooner we can help). Provide only factual details to officers. Don’t speculate about fault or give commentary, as these statements could be used against you later. Beware, in New Mexico, will generally not come to an accident if people are not hurt, vehicles are mobile, and there is no debris in the street.

3. Exchange Information with Other Parties

Get as much info from them as possible, including:

• Name and contact information: Full name, phone number, and address.

• Driver’s license number: Take a photo if possible.

• Insurance details: Include the insurance company’s name and policy number.

• Vehicle information: License plate number, make, model, and color.

Do not share your Social Security number or other sensitive personal information.

4. Take Pictures!

Use your phone to take pictures as you can, specifically of:

• Damage to all vehicles

• License plates

• Road conditions, skid marks, or debris

• Traffic signals or signs near the collision

• Any visible injuries

If you are also in pain, it is always good practice to keep notes of what you are dealing with. Apple notes, or even a diary are always good places to keep these. Use this to keep a record of any witnesses and their contact info. You may think you will remember from the collision, but your adrenaline is running. To the extent you can, take notes.

5. Seek Medical Attention

Throughout any collision case, your number one goal is to get better. Even if you feel fine, seek medical attention as soon as possible. Some injuries, such as whiplash or internal injuries, may not show symptoms immediately but can become severe over time. Even if you don’t have a claim, you want to be in a position to be better health-wise. Best case scenario you are healthy and have a minor claim only.

6. Notify Your Insurance Company

Report the collision to your insurance and call an attorney. DO NOT GIVE AN INTERVIEW TO INSURANCE WITHOUT YOUR ATTORNEY. Now, if you don’t have one, that is up to you. But you want someone else there to talk to you before you have a conversation with an insurance company. Usually the only matter I let my clients talk to an adjuster about is property damage.

An attorney can also help explain to you what your insurance coverage looks like. Just get your declarations page (the page with all the numbers) from your insurance and give it to them.

7. Avoid Common Mistakes

• Stick to the facts when discussing the accident with the police, other drivers, or insurance representatives. Avoid statements like “I didn’t see you” or “I’m sorry,” which are often treated as an admission of fault.

• Don’t settle quickly. Insurance companies will give you small money for big claims right away because it makes it go away and protects their interests. Consult with a personal injury attorney to understand the full value of your case.

8. Contact a Personal Injury/Accident Attorney

If you were hurt in an accident, call a personal injury attorney right away. We are well-situated to protect your rights and maximize your recovery.

But what does an attorney even do?

• Help to evaluate your claim and determine a full picture of your damages

• Negotiate with insurance companies and save you the trouble of fighting with them.

• Handle and guide you through the legal process, including investigating your case.

9. Preserve Evidence for Your Claim

• Keep copies of the police report, medical records, repair estimates, and correspondence with insurance companies.

• Retain receipts for out-of-pocket expenses related to the accident, such as medication or transportation.

• Track your recovery. Maintain a journal or an apple note, detailing your physical pain, emotional distress, and how the accident has impacted your daily life. This can be critical for claiming non-economic damages.

10. Be aware of essential laws in New Mexico regarding car accidents.

• Statute of Limitations. You generally have three years to file a case, and in some situations, like claims against the state government, you have even less time!

• Comparative Negligence - if your case goes to court and you are found partially at fault, your award could be reduced by the percentage you are found at fault.

Conclusion

A car accident will turn your life upside down. You must know what next steps to take and navigate what to do with confidence.

At Hudson Injury Law, we are here to guide you every step of the way. If you or a loved one has been injured in a car accident, contact us for a free consultation (505-416-4150). Our team will work hard to get you the best resolution we can because we care.

This guide is designed not only to inform but also to empower. If you have questions or need assistance, don’t hesitate to reach out. Your case is our priority.