What to Do When You Get Rear-Ended in New Mexico?

On Behalf of Egolf + Ferlic + Martinez + Cox, LLC

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Oct 08, 2025

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Motor Vehicle Accidents

Rear-ends can strike when you’re sitting at a red light, a stop sign, or when you’re stopped in traffic. Being rear-ended can result in minor injuries to catastrophic losses. It is important to know what next steps to take if your vehicle is rear-ended.

Your health, rights, and ability to pursue compensation can be at risk if you’re not careful. In the event of a minor injury or a catastrophic loss, it is important to understand your rights and know how to move forward with a New Mexico rear-end collision case.

Prioritize Your Safety

Car accidents are a serious matter, and the most important thing is your health and safety. In New Mexico, front-to-rear accidents accounted for 71 fatal crashes, 3,403 injury crashes, and 7,160 instances of property damage. If you are rear-ended, securing your safety should always happen first. Move your vehicle out of traffic if possible, and check for injuries. Even if you feel fine, you should receive medical care as soon as possible.

Many injuries that occur in rear-end collisions, such as whiplash, concussion, or spinal damage, are not immediately apparent. Prompt medical care also results in documentation that will help your rear-end collision claim later.

Report and Document the Accident

According to New Mexico law, an individual involved in an accident must immediately notify the police if the accident resulted in an injury, death, or significant property damage. A police report is then made and can serve as the official record of the crash. Information in the report can include details of the crash scene, damages, and statements by the drivers, which can later become critical evidence when determining who is liable.

When it’s safe to do so, take photos of the cars, road, and injuries before leaving the scene. Make sure to exchange information with the other driver but refrain from discussing fault or what occurred. If there are witnesses present, try to gather their contact information as well.

Report the Accident to Your Insurance Company

In New Mexico, the at-fault driver is legally required to pay for the damages that the rear-end collision causes. It is still a good idea to file a claim with your own insurance company as soon as possible if you were involved in a crash, even if you believe the other driver was at fault.

Be factual with insurance companies, and don’t make assumptions or jump to conclusions about the extent of your injuries or the cause of the crash. Insurance companies work hard to minimize the amount of money they pay out, and they can work to deny your claim if you’re not careful.

Know the Time Limits to File a Claim

All states have time limits on personal injury claims. In New Mexico, most accident victims have three years from the date of the crash to file a claim, under the New Mexico statute of limitations. If you wait longer than that, your case will likely be dismissed, even if you have a strong claim.

Importantly, deadlines can be tricky to figure out if, for example, there are multiple defendants or if a government vehicle was involved. Therefore, it’s a good idea to contact a collision attorney early.

Hire a Collision Lawyer

When dealing with the overwhelming aftermath of a crash, the decision to hire a collision lawyer can bring clarity and peace of mind. An experienced attorney can guide you through every step from negotiating with insurers to gathering professional testimony and representing you in court, if necessary.

At Egolf + Ferlic + Martinez, LLC, we bring experience and empathy together to support our clients through their most trying times. Our lawyers have decades of trial experience and a steadfast dedication to justice, and they serve all of New Mexico, including Las Cruces and the surrounding communities.

FAQs

What Is the Right Action to Take After a Rear-End Collision?

After a rear-end collision, it is imperative that you receive medical treatment. Injuries could manifest hours, days, or even weeks after the initial impact. Also, it is important to notify the police, gather information from the other driver and any witnesses, and take pictures or video of the scene if you can.

Is New Mexico a No-Fault State for Car Accidents?

No. New Mexico is a fault-based state. This means that the driver who was at fault for the accident will be responsible for paying for damages. If you are rear-ended in New Mexico, you may make a claim with the at-fault driver’s insurance company in order to obtain compensation for medical bills, vehicle repairs, and other losses you suffered. An experience collision attorney can help you bring a claim and protect your rights.

What Is the Process When You Get Rear-Ended?

In the event of a rear-end accident, begin by checking for injuries and calling for emergency assistance if necessary. Contact law enforcement, exchange documentation, gather any witness information, and report the accident to your insurance company. Obtain medical attention to evaluate potential injuries. Your attorney can then assist in filing a claim, negotiating with insurance providers, and seeking fair compensation for your losses.

How Does Insurance Work When You Get Rear-Ended?

In New Mexico, the at-fault driver’s insurance is usually responsible for covering the damages from a rear-end crash. This includes medical bills, lost wages, and car repairs. Your own policy may also cover some of your immediate expenses. Insurance companies often contest liability and minimize payment amounts, so having an attorney with experience in the field means that you are treated fairly throughout the process of filing a claim.

New Mexico Car Accident Attorney

At Egolf + Ferlic + Martinez, LLC, we combine compassion and competence to stand beside clients during life’s most difficult moments. We can assist you if you have been in a rear-end collision. Contact us today for more information.