What must a driver do after an injury collision in New Mexico?
New Mexico law requires a driver involved in an injury or fatal collision to stop and remain as required by law. Drivers also have duties to exchange identifying information and provide reasonable assistance to injured people. These duties are separate from the question of who caused the initial crash. Leaving the scene can violate the law, but a civil injury claim still requires analysis of responsibility, causation, damages, and available recovery sources. NMSA 1978, § 66-7-201; § 66-7-203
How many hit-and-run crashes occur in New Mexico?
New Mexico recorded 8,371 hit-and-run crashes in 2024, including 1,600 injury crashes and 46 fatal crashes. Hit-and-run incidents represented 18.6% of reported crashes that year. These figures count crashes and should not be read as a count of injured people.
A mother and three children injured on US 66 near Gallup, New Mexico
In September 2023, our client and her three minor children were involved in a collision on US 66 near Gallup, New Mexico. The other driver attempted a left turn in front of their vehicle, failed to yield, and fled the scene. The mother suffered rib fractures, liver damage, and a fractured right femur requiring surgery; her injuries also required removal of her spleen and gallbladder. She was airlifted for emergency abdominal surgery. One child sustained pancreatic trauma, and the other two sustained soft-tissue injuries. Keller & Keller recovered more than $50,000 in connection with the claim.
How do the unsafe turn and flight from the scene affect the claim?
The initial liability question concerns the turn across our client’s path. Section 66-7-325(A) requires turning movements to be made with reasonable safety; if the turn was at an intersection, § 66-7-329 also addresses yielding to oncoming traffic. Sections 66-7-201 and 66-7-203 address the separate duties after the collision. Evidence identifying the vehicle and driver, together with the collision sequence and medical records, can support evaluation of the claim.
The reported recovery does not establish the total value of the family’s losses or identify the insurance source that paid it.
How Does Insurance Work After a Hit-and-Run Accident?
Uninsured motorist coverage is an important coverage to review when the responsible driver cannot be identified.New Mexico’s insurance regulator identifies hit-and-run drivers as uninsured motorists for coverage purposes. If the driver is identified but has insufficient liability coverage, underinsured motorist coverage may instead be relevant. These protections are related but distinct: underinsured coverage does not automatically pay every loss above the other driver’s insurance. Available benefits depend on applicable law, policy terms and limits, other coverage, and any valid rejection of coverage.
An insurance review should consider:
- Uninsured motorist coverage: Whether an applicable policy covers injuries caused by an unidentified or uninsured driver.
- Underinsured motorist coverage: Whether additional benefits may be available if an identified driver’s liability coverage is insufficient under the applicable legal and policy requirements.
- Other available benefits: Whether collision coverage may help with vehicle damage or medical-payments coverage may help with medical expenses.
- Policy requirements: Applicable reporting deadlines, documentation, coverage limits, and any selection or rejection of UM/UIM coverage.
What Should You Do After a Hit-and-Run Accident?
Your first priorities are safety, medical assistance, and preserving information without putting yourself at further risk.
- Get to safety and call for help. Call 911 when someone is injured or there is immediate danger. Do not chase the fleeing driver.
- Report the collision to police. Provide the vehicle description, any full or partial license plate, and the direction the driver traveled. Obtain the incident or report number.
- Preserve evidence when safe. Photograph the scene and vehicle damage, save dashcam footage, and collect witness contact information.
- Get medical care and retain records. Keep treatment records, bills, and documentation of missed work.
- Notify your insurer promptly. Ask about potentially applicable coverage and keep copies of communications. Reporting requirements can be time-sensitive.
- Discuss your options with an attorney. Bring the crash information, insurance policies or declarations pages, and medical documents.
What information can help after a hit-and-run in New Mexico?
Preserve any vehicle description, partial license plate, witness contact information, photographs, and available video. Keep the crash-report number, medical records, and insurance documents together. An attorney can examine how responsibility may be established and what coverage may be available under the relevant policies and facts. If you or your children were injured in a New Mexico hit-and-run, Keller & Keller can discuss your claim in a free consultation.
