Complete Legal New Mexico Personal Injury Forms For Free

The Insurance Claim Timeline in New Mexico Under New Mexico law, insurance companies have 60 days to issue a decision in a car accident claim. Some cases take less time to resolve, especially if the at-fault driver does not dispute the claim and the victim does not require significant amounts of damages.

Motions to compel or for sanctions: (1) Staff or a party may move for an order compelling discovery or for sanctions for failure to comply with an order directing that discovery be had as provided in the New Mexico rules of civil procedure for the district courts.

Proof of service of process. When service is made by the sheriff or a deputy sheriff of the county in New Mexico, proof of service shall be by certificate; and when made by a person other than a sheriff or a deputy sheriff of a New Mexico county, proof of service shall be made by affidavit.

In New Mexico, you have 3 years to file a personal injury claim and 4 years to file a property damage claim. The clock on these time limits starts from the time you sustained your injury or when a reasonable person would have discovered the injury or property damage.

Final judgments and decrees, entered by district courts in all cases tried pursuant to the provisions of this section shall remain under the control of such courts for a period of thirty days after the entry thereof, and for such further time as may be necessary to enable the court to pass upon and dispose of any ...

Under this standard, plaintiffs can only recover damages if they are 50% or less at fault for the incident. If a plaintiff is 51% or more at fault, they will not be entitled to damages. This is why the modified comparative negligence standard is often called the 51% rule.