What is the Statute of Limitations for a New Mexico Car Accident?
What is the Statute of Limitations for a New Mexico Car Accident?
If you’ve been involved in a car accident in New Mexico, it’s important to understand that you have a limited amount of time to file a claim for damages. This deadline, known as the statute of limitations, is critical to preserving your right to seek compensation for injuries, property damage, and other losses. At Silva & Associates, P.C., we assist the Albuquerque public with personal injury matters, ensuring that clients file their claims within the legal timeframe.

What is the Statute of Limitations for Car Accidents in New Mexico?
In New Mexico, the statute of limitations for filing a personal injury lawsuit after a car accident is generally three years from the date of the accident. This means you have three years to file a lawsuit against the at-fault party for injuries you sustained as a result of the crash. If you miss this deadline, you may lose your right to seek compensation through the court system.
Exceptions to the Statute of Limitations
While the general rule is a three-year statute of limitations, there are some exceptions and special circumstances that can affect this deadline:
- Claims Involving a Government Entity: If the car accident involved a government vehicle or employee, you must follow a different procedure. In New Mexico, you must file a claim with the government agency within 90 days of the accident, and the lawsuit must be filed within two years.
- Wrongful Death: If the accident results in the death of a loved one, the statute of limitations for filing a wrongful death claim is three years from the date of death, not the date of the accident.
- Minors: If the injured party is a minor, the statute of limitations may be extended until they reach the age of 18. In this case, the injured minor has until age 21 to file a personal injury claim.
Why Acting Quickly is Important
While the statute of limitations gives you up to three years to file a lawsuit, it’s important to act quickly. Evidence can disappear, witness memories can fade, and it becomes more challenging to build a strong case over time. Consulting with an attorney soon after the accident ensures that your case is properly investigated and your legal rights are protected.
How Silva & Associates, P.C. Can Help
At Silva & Associates, P.C., we understand that dealing with the aftermath of a car accident can be overwhelming, especially when you’re recovering from injuries. Our experienced legal team is here to help you navigate the process, from gathering evidence to filing a claim within the statute of limitations.
If you’ve been injured in a car accident in New Mexico, contact Silva & Associates, P.C. today to schedule a consultation and learn how we can assist you with your personal injury claim.




