New Mexico

STATUTE OF LIMITATIONS

Personal Property: 4 Years

Personal Injury: 3 Years

Breach of Contract (Written): 6 Years

Breach of Contract (Oral): 4 Years

Statute of Repose (Real Property): 10 Years

Statute of Repose (Products): N/A

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

-2 Year statue of limitations on claims against the State or a County
-For claims against Municipalities: 1 Year statue of limitations on personal injury claims, 3 years for contract claims, 2 years for other tort claims

PIP/MED PAY SUBROGATION

PIP: NO
MED PAY: YES

CONTRIBUTORY NEGLIGENCE

Pure Comparative
Plaintiff’s damages will be reduced by their own liability no matter how large, so long as it’s less than 100% (i.e. 99% at fault can still recover 1%)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability:
-$4,000.00 plus costs and attorney fees for personal injury and property damage
-Unlimited for Auto Liability

Liable when child under 18 causes willful or malicious injury or destruction to real or personal property

Liability when child under 18 commits negligent acts in operation of a motor vehicle

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Several Liability
Exceptions include intentional tortfeasors,

VICARIOUS LIABILITY

and product liability cases

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE

Undecided

DEDUCTIBLE REIMBURSEMENT

No applicable statute

WORKERS’ COMPENSATION

Workers Compensation carrier only has a right of reimbursement if employee brings a third party action rather than a direct right of subrogation like in most other states.  Further, the right to reimbursement is limited to those portions of the third-party recovery which are duplicative of the workers’ compensation payments (i.e. lost wages and medical expenses) and do not include damages for pain and suffering.

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.