Picture this: You’re driving home after a long day when suddenly another car slams into you. As you sit there dazed, trying to process what just happened, you watch in disbelief as the other driver speeds away, leaving you injured and alone. If this sounds like your nightmare, you’re not alone – more than one hit-and-run crash happens every minute on U.S. roads, and New Mexico has one of the highest per-capita rates of fatal hit-and-run crashes in the nation.
At Roadrunner Law Firm, we’ve seen firsthand how devastating these accidents can be. You’re left hurt, confused, and wondering how you’ll pay for medical bills when the person responsible has vanished. The good news? New Mexico law provides multiple ways for hit-and-run victims to get compensation, even when the at-fault driver disappears.
This guide breaks down everything you need to know about your rights after a hit-and-run accident in New Mexico – from the criminal penalties the fleeing driver faces to how you can use your own insurance to cover your losses, and how your New Mexico car accident lawyer can help every step of the way.
Hit-and-Run Laws in New Mexico: It’s a Serious Crime
Let’s be clear: when a driver flees an accident scene in New Mexico, they’re committing a crime. State law requires every driver involved in a crash to stop immediately and stay at the scene, especially if someone’s injured. They must provide their name, address, vehicle registration, and insurance information to everyone involved. They also need to help any injured person – even if that just means calling 911.
What Happens to Hit-and-Run Drivers When They’re Caught?
The penalties depend on how serious the accident was:
- If someone was injured or killed: It’s a fourth-degree felony, punishable by up to 3 years in prison and a $5,000 fine. If the driver knew someone was seriously hurt or killed when they fled, it becomes a third-degree felony with even harsher penalties.
- If only property was damaged: It’s a misdemeanor, with up to 1 year in jail and a $1,000 fine.
- In all cases: The driver loses their license upon conviction.
What this means for you: The driver who hurt you has likely committed a crime. If police catch them, they’ll face criminal charges. You have the right to file a police report immediately – and you should. Not only is it required by law when injuries occur, but that police report becomes your golden ticket for insurance claims and any legal action later.
Your Immediate Rights and Action Steps After a Hit-and-Run
When you’re the victim of a hit-and-run, the aftermath can feel overwhelming. Here’s what you need to do and what rights you have:
1. Get Medical Help and Call 911
Your health comes first. If you’re injured, call 911 immediately. Police will create an official accident report that documents the hit-and-run. This report is absolutely essential for your insurance claim. Believe it or not, if you don’t seek medical care right away your own insurance may deny your claim.
2. Gather Every Detail You Can
If you’re able, try to remember:
- License plate number (even partial)
- Make, model, and color of the vehicle
- Any distinguishing features of the car or driver
- Which direction they fled
Talk to witnesses and get their contact information. Their statements could help police track down the driver.
At this point, you should call an injury lawyer. Why? Because they can often get access to a lot more than you can. For example, your lawyer may be able to visit houses or businesses near the site of the accident and find camera footage from doorbell cameras, traffic cameras, and security cameras. But that footage disappears really fast, so you don’t want to wait.
3. Know Your Rights in the Criminal Process
Stay in the Loop Once you report the incident, police should keep you updated on your case. This means they’ll let you know if they find the driver or make an arrest. You don’t have to wonder what’s happening – you have the right to be informed.
Make Your Voice Heard If they catch the person who hit you, you can speak directly to the judge at sentencing. This is called a victim impact statement, and it’s your chance to explain how the crash affected your life, health, and finances.
Get Your Money Back Here’s something many people don’t realize: New Mexico courts can order the driver to pay you back for your losses. This isn’t just about serving jail time – they can be required to reimburse you for:
- Medical bills
- Lost wages from missing work
- Car repairs and property damage
- Other expenses caused by the crash
The judge will consider what the driver can afford to pay, but the important thing is that criminals can’t just walk away without taking financial responsibility. A hit and run is a crime, and victims of crimes have the right to compensation.
What You Should Do Now Keep every receipt and document related to the accident. Save bills from the emergency room, physical therapy, car repairs – everything. These records will be crucial if the driver is found and you need to prove your expenses.
Remember This criminal restitution is separate from your insurance claim or any lawsuit you might file. It’s an additional way to recover your costs, and it’s your right as a victim.
You’ve been through enough. Make sure you get the support and compensation you deserve.
4. Remember: New Mexico Is a “Fault” State
In New Mexico, whoever causes an accident is financially responsible for the damages. If the hit-and-run driver is found, their insurance must pay for your injuries and property damage (up to their policy limits). New Mexico requires all drivers to carry at least:
- $25,000 per person injured
- $50,000 per accident for bodily injury
- $10,000 for property damage
You can file a claim against their insurance or sue them directly. The statute of limitations gives you three years from the accident date to file a lawsuit.
But What If They Never Find the Driver? Enter Uninsured Motorist Coverage
Here’s where New Mexico law really protects you. Even if police never find the hit-and-run driver, you’re not out of luck. This is where Uninsured Motorist (UM) coverage becomes your lifeline.
The Good News: You Probably Already Have UM Coverage
New Mexico law requires every auto insurance policy to include UM coverage automatically – unless you specifically rejected it in writing. That means if you have car insurance in New Mexico, you likely have UM coverage that equals your liability limits.
Why does this matter? For insurance purposes, a hit-and-run driver is treated exactly like an uninsured driver. Your UM coverage steps in to pay for your injuries and losses when the responsible driver can’t be found.
What Your UM Coverage Pays For
UM coverage can compensate you for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage to your vehicle (with a $250 deductible)
The minimum UM coverage in New Mexico matches the liability minimums ($25,000/$50,000), but many drivers carry higher limits. Some policies even allow “stacking” – combining UM limits from multiple vehicles for more coverage.
No “Physical Contact” Rule in New Mexico
Here’s something important: unlike some states, New Mexico doesn’t require the hit-and-run vehicle to actually touch yours for a UM claim. If another driver’s dangerous actions forced you off the road and they fled, you can still use your UM coverage – even without physical contact. This protects you in “phantom vehicle” situations where the other driver causes a crash without hitting you.
How to Use Your UM Coverage After a Hit-and-Run
Filing a UM claim is straightforward:
- Report to your insurer immediately. Tell them it was a hit-and-run.
- Provide the police report number. Insurers typically require a police report for hit-and-run claims to prevent fraud.
- Give a statement about what happened. Be honest and thorough.
- Submit your medical bills and documentation. Keep records of all accident-related expenses.
- Negotiate fairly. Remember, even though it’s your insurer, they’re essentially acting like the at-fault driver’s insurer in a UM claim. Don’t accept less than you deserve.
Will using UM coverage raise your rates? Generally, no. Using UM coverage for a not-at-fault accident shouldn’t increase your premiums. New Mexico regulators have indicated that insurers shouldn’t penalize drivers for accidents that aren’t their fault.
Other Ways to Get Compensation
Medical Payments Coverage
If you have MedPay on your policy, use it. This no-fault coverage pays medical expenses quickly without affecting your premiums. It can cover immediate costs while you pursue your UM claim.
Collision Coverage
For vehicle damage, collision coverage can get your car fixed right away (minus your deductible). Your insurer may later recover costs through subrogation if the driver is found.
Crime Victims Compensation
Because hit-and-run is a crime, you might qualify for New Mexico’s Crime Victims Reparation program. This state fund can pay up to $20,000 (or $50,000 with permanent disability) for medical bills and other expenses not covered by insurance. You must report the crime within 30 days and apply within 2 years.
When Should You Call a Personal Injury Attorney?
While you can handle a straightforward UM claim yourself, consider calling an attorney if:
- Your injuries are serious or long-lasting
- Your damages exceed your UM policy limits
- Your insurer disputes your claim or offers too little
- The hit-and-run driver is found but disputes fault
- You need help coordinating multiple insurance coverages
At Roadrunner Law Firm, we offer free consultations to hit-and-run victims. We can review your case and help you maximize your recovery.
The Bottom Line: You Have Rights and Options
Being the victim of a hit-and-run accident is traumatic and unfair. But New Mexico law ensures you’re not left helpless. Between criminal penalties for the fleeing driver, mandatory UM coverage, and victim compensation programs, multiple safety nets exist to help you recover.
The key is acting quickly:
- Report the accident to police immediately
- Notify your insurance company right away
- Document everything
- Don’t hesitate to use the coverage you’ve been paying for
Remember, that UM coverage exists for exactly this situation. You’ve been paying for it, and now it’s there to protect you when someone else fails to take responsibility.
Get Help from Roadrunner Law Firm
If you’ve been injured in a hit-and-run accident anywhere in New Mexico – from Albuquerque to Las Cruces – you don’t have to face this alone. The experienced car accident attorneys at Roadrunner Law Firm know how to maximize your recovery through all available sources.
We’ll fight to ensure you receive full compensation for your medical bills, lost wages, pain and suffering, and property damage. Whether that means negotiating with your UM carrier, pursuing the hit-and-run driver if they’re found, or accessing victim compensation funds, we’ll explore every option.
Don’t let a hit-and-run driver leave you with the bills. Call Roadrunner Law Firm today at 505-444-4321 for your free consultation. We’ll review your case, explain your rights, and help you get the compensation you deserve.
Learn more about how we help victims of motorcycle accidents, truck accidents, drunk driving crashes, and other serious injuries throughout New Mexico.
