Is New Mexico a no-fault state?

No. New Mexico is an at-fault state. The driver who caused the crash, through their insurance, pays for the other people's injuries and damage, up to the policy limits.

Last checked November 9, 2026 · Official sources (4)

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Outline map of New Mexico
New Mexico. Map source: U.S. Census Bureau.

How does New Mexico car insurance work?

“In New Mexico, if a driver is found to be at fault in the accident, their insurance company will pay the property and medical expenses of other parties involved in the accident up to the limits set by the policy.”

New Mexico Office of Superintendent of Insurance

What is New Mexico's minimum car insurance?

CoverageWhat New Mexico requires
Injury to one person$25,000
Injuries in one crash$50,000
Damage to property$10,000
Uninsured motoristUninsured motorist coverage is optional in New Mexico. It pays for your injuries if a driver with no insurance causes the crash.

Does New Mexico use comparative negligence?

New Mexico uses pure comparative negligence. Your award is reduced by your percentage of fault.

Example: with $10,000 in losses and 20% of the fault, you could recover up to $8,000. Even at 70% of the fault you could still recover up to $3,000.

Other at-fault states

Questions

How much insurance does New Mexico require?

At least $25,000 for injury to one person, $50,000 for injuries in one crash, and $10,000 for property damage.

What if you were partly at fault in New Mexico?

If you were partly at fault, your money is cut by your share of the blame, but you can still recover something even if you were mostly at fault.

Hurt in a crash in New Mexico? Find out if you are owed money.

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Sources (4)

  1. New Mexico Office of Superintendent of Insurance, checked 2026-11-09. “In New Mexico, if a driver is found to be at fault in the accident, their insurance company will pay the property and medical expenses of other parties involved in the accident up to the limits set by the policy.”
  2. New Mexico Office of Superintendent of Insurance, checked 2026-11-09. “Minimum Liability Limits required by New Mexico Law Bodily Injury $25,000 per person $50,000 per accident Property Damage $10,000 Per accident”
  3. New Mexico Office of Superintendent of Insurance, checked 2026-11-09. “Uninsured motorist (UM) coverage is an optional component of an auto insurance policy.”
  4. New Mexico Supreme Court, Uniform Jury Instructions - Civil (Rule Set 13 NMRA), checked 2026-11-09. “As pointed out in the court of appeals decision adopting pure comparative negligence in New Mexico, last clear chance is no longer a viable doctrine in New Mexico law.”

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