Egan Explains: Is New Mexico a No-Fault State?

After a car accident, one of the first questions that arises is who is to blame. This is crucial because it determines who is financially responsible for the damages. In some states, a traditional “fault” system is used, where the party found more responsible for the accident bears a greater financial burden. Other states have adopted a “no-fault” system, which simplifies the process of recovering compensation for medical bills and car repairs. So, is New Mexico a no-fault state?

New Mexico’s Modified Comparative Negligence System

New Mexico does not follow a pure no-fault system. Instead, it operates under a modified comparative negligence system. This means that fault is assigned to each party involved in the accident, and their compensation is adjusted accordingly.

For example, if you are in an accident and are deemed 20% at fault, you can still recover damages, but your award will be reduced by 20%. Conversely, if the other driver is found to be 80% at fault, they will be responsible for covering 80% of your damages.

Benefits of New Mexico’s Modified Comparative Negligence System

While not a pure no-fault system, New Mexico’s modified comparative negligence system offers some advantages. It allows you to recover compensation even if you share some blame for the accident. It also encourages drivers to act cautiously, knowing that their own negligence could impact their ability to receive full compensation. 

Seek Legal Guidance After a Car Accident

Determining fault in a car accident can be difficult, especially when multiple parties are involved. If you have more questions about what to do in the aftermath of a car accident, this blog can help you. 

If you have been in a car accident in New Mexico, the Law Offices of Kenneth G. Egan can help. We can investigate the details of your case, determine fault, and fight to ensure you receive the compensation you deserve. Contact us today for a free consultation.