If you sustained injuries while riding as a passenger in a New Mexico car crash, you probably want to understand your legal options. State law often allows passengers to pursue compensation—and sometimes from multiple responsible parties. Understanding your rights can help you take the right steps to protect your interests and secure fair compensation.
Who can you file a claim against?
As an injured passenger, you can pursue a claim against the driver responsible for the crash. This may include the driver of another vehicle or the operator of the vehicle you occupied. When both drivers share fault, you may hold each of them accountable. Although you do not carry the burden of proving fault, you must provide evidence showing another party acted negligently.
What damages can you claim?
You can recover damages for medical expenses, lost wages, and physical pain. If your injuries require ongoing medical treatment or rehabilitative care, those future costs may also be compensable. Maintain accurate records—such as medical bills, physician evaluations, and therapy notes—to demonstrate the extent of your injuries and the financial impact. Emotional distress and reduced quality of life may also factor into your claim.
How long do you have to act?
New Mexico law sets a three-year deadline from the crash date to file a personal injury claim. Missing this statute of limitations may bar your right to seek compensation. Prompt action allows you to preserve key evidence and obtain reliable witness statements. Acting early can also prevent unnecessary delays with insurance companies or legal proceedings.
What if you’re related to the driver?
If you share a close relationship with the driver—such as being a spouse or dependent—the applicable insurance policy may impose restrictions. Some insurers apply different liability coverage terms to household family members. Carefully review the insurance agreement to determine whether and how coverage applies to your situation.
