Losing Someone in a Car Accident? You Don't Have to Work Out the Next Steps Alone

If someone you love died in a car crash in New Mexico, your days may be filled with phone calls, forms, and hard questions. Here is the short answer to what happens if someone passes away in a car accident: an investigation starts, a death certificate is issued, and the family may be able to bring a wrongful death claim through the personal representative of the person who died.

This page walks through each step in plain words. Your own facts shape what applies, so treat this as general information.

What usually happens first after a fatal car accident in New Mexico

An investigating agency usually writes a crash report, and a medical examiner or similar official determines the cause of death. Those two tasks run on their own schedules, so expect some waiting.

Ask the investigating agency how to get a copy of the crash report, and keep it with your other papers. Requests can take time, so start early.

A criminal investigation, if there is one, runs separately from a civil wrongful death claim. The two can move on different timelines.

Keep copies of the crash report, the death certificate, medical and funeral bills, and any letters from insurance companies. These papers help anyone reviewing the case see the full picture. Some families also get calls from insurance companies in the first days. The insurance section below covers those calls.

This is a hard time. The first weeks often bring many tasks at once, and you don’t have to sort them all out in one day.

Who can bring a wrongful death claim in New Mexico

Under New Mexico law, the claim is brought by the personal representative of the person who died, in that person’s name. NMSA 1978, § 41-2-3 This New Mexico statute addresses wrongful death actions.

The same statute sets the order for who receives money from a judgment. A surviving spouse comes first when there are no children. A spouse and children share when both survive, and grandchildren are included in the order. If the person who died was a minor, childless, and unmarried, the father and mother share the proceeds equally, or if either of them is dead, the survivor takes them. If no parent, spouse, child, or grandchild survives, a brother or sister may take.

Who qualifies depends on the family situation. Don’t assume you’re left out. Even a family member who doesn’t fit neatly into that order may have questions worth asking.

The claim is aimed at the person or company whose wrongful act caused the death, not at the family. A family member doesn’t need to have been in the car to have a potential claim.

What a wrongful death claim can seek

A New Mexico wrongful death claim can seek damages for losses such as medical and funeral expenses, lost earnings, and the value of the person’s life, and damages may be awarded even where a monetary loss to the family cannot be shown. The statute says the jury may award compensatory and exemplary damages that it deems fair and just. NMSA 1978, § 41-2-3 The jury looks at the pecuniary injury to the surviving party and at the circumstances around the wrongful act, both the ones that make it worse and the ones that make it less serious.

New Mexico also recognizes loss of consortium. UJI 13-1830 NMRA The committee commentary to this instruction refers to the separate nature of wrongful death damages and loss of consortium damages. UJI 13-1830 NMRA

NMSA 1978, § 41-2-3

No one can predict the value of a claim from general information. Value depends on the evidence in each case. For a broader overview, read our wrongful death guide for New Mexico.

Wrongful death claims and survival claims: what the difference means

A wrongful death claim covers the losses of the family members who survive. A survival claim is a different kind of claim, and the two are often discussed together.

New Mexico’s survival statute says the causes of action for wrongful death and for personal injuries survive the death of the party responsible. NMSA 1978, § 37-2-1 In plain terms, a claim doesn’t end just because the at-fault person has died.

The distinction matters because the losses in each kind of claim can differ. Which losses fall under each claim depends on the facts of the case. A lawyer reviewing a fatal crash looks at both kinds.

If your loved one was a passenger, read what happens if you get in a car accident and the passenger dies for more detail on that situation.

Insurance, adjusters, and why early statements matter

The at-fault driver’s liability insurance is often the first source of money. Its policy limits may be lower than the losses in a fatal crash.

Auto liability policies delivered or issued in New Mexico for any motor vehicle registered or principally garaged in New Mexico must provide uninsured motorist coverage, and that coverage must include underinsured motorist coverage. NMSA 1978, § 66-5-301 Check your loved one’s policy and any household policy for this coverage. The named insured also has the right to reject it, so it’s worth reading the policy closely.

NMSA 1978, § 66-7-213

An adjuster may call soon after a crash. You can ask questions and take time before giving a recorded statement or signing a release. An early offer is not the same as a full review of the claim.

Families in Bernalillo County can read about fatal car accident claims in Albuquerque. If a commercial truck was involved, see fatal truck accident claims in Albuquerque.

Deadlines to know: the New Mexico wrongful death filing period and notice rules

A New Mexico wrongful death action must be brought within three years after the cause of action accrues (NMSA 1978, § 41-2-2 — three years from the date of death). The cause of action accrues as of the date of death. NMSA 1978, § 41-2-2

Claims against a government entity follow shorter notice rules under Section 41-4-16: a general claim requires notice within 90 days after the occurrence, and for a wrongful death claim, the required notice may be presented within six months after the date of the occurrence of the injury that resulted in the death. The time for giving notice does not include up to 90 days during which the injured person is incapacitated from giving notice by reason of injury. NMSA 1978, § 41-4-16 Without that notice, a suit generally can’t go forward unless the government had actual notice of the occurrence. Under NMSA 1978, § 41-4-15, actions against a governmental entity or a public employee for torts are forever barred unless commenced within two years after the date of occurrence resulting in loss, injury or death, except that a minor under the full age of seven years has until his ninth birthday to file.

Don’t wait for the criminal case, insurance decisions, or probate to finish before you check these dates. Write down the date of the crash today, so the deadlines are easy to review.

Talk with our team about your family’s situation

You may be reading this for a parent, spouse, child, or friend, while you’re also grieving. That is a lot to carry, and you don’t have to figure out the next steps by yourself.

Our team offers a free, confidential initial consultation, with no obligation to continue. It’s a chance to ask questions about your family’s specific facts.

Josh Wood, a lawyer licensed in New Mexico and Arizona, is responsible for the content of this page. You can reach El Gringo Law through the El Gringo Law contact page.

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