New Mexico Hit-and-Run

In New Mexico, you must stop after an accident, provide your information, and report the incident. You should also file an insurance claim within 24 hours.
Written by Maxine Boyko
Reviewed by Jessica Barrett
A hit-and-run can be charged as a misdemeanor or felony in
New Mexico
, carrying potential penalties of $1,000 in fines, a one-year prison term, and revocation of your driver’s license. 
Every state considers a hit-and-run illegal, but the specific definition and offenses vary according to the state. That said, most states are in agreement that leaving the scene of an accident without stopping is a serious crime that deserves serious penalties. 
We’ll cover what constitutes a hit-and-run, how to report it, and how to pursue an insurance claim in New Mexico. We’ll also break down the possible punishments for committing a hit-and-run.

What is a hit-and-run? 

A hit-and-run is a traffic collision with another vehicle, person, or property where the driver doesn’t stop afterward. No matter the severity or circumstances,
New Mexico's car accident laws
require you to stop and provide your insurance information and other essential information to all other involved parties.
It doesn’t matter whether you are at fault for the accident or whether you think the crash wasn’t a big deal. Fleeing the scene of the accident without providing your information is illegal and can result in significant criminal charges.

What happens if you commit a hit-and-run in New Mexico?

If you get into an accident in New Mexico, do not flee the scene.
You may be scared and feel panicked, but failing to provide your information to the other driver(s) can result in more problems including legal and financial ramifications.

Is a hit-and-run a felony in New Mexico? 

A hit-and-run in New Mexico can be tried as a misdemeanor or felony, depending on the outcome of the accident.
  • If the accident only causes property damage, the violation is charged as a misdemeanor
  • A hit-and-run that results in injury or death will be tried as a felony
Even if you didn’t cause the accident or the accident only resulted in minimal injury, you can be charged with a felony if you flee the scene. 

What is the punishment for a hit-and-run in New Mexico? 

In New Mexico, the penalties for a hit-and-run depend on the intent of the driver and the extent of the damage to any involved property or people. 
  • Committing a hit-and-run that only results in property damage includes a maximum $1,000 fine and/or a prison term of one year in county jail
  • Committing a hit-and-run that results in serious injury or death, the penalty is 18 months in prison and a potential $5,000 fine.
While penalties increase based on the severity of the damages, they are also based on whether you knowingly failed to stop. 
Here are the possible punishments for a hit-and-run in New Mexico:
Result of accident
Charge
Punishment
Only vehicle damage
Misdeameanor
$1,000 fine
Up to 1 year in jail
Serious injury or death
4th-degree felony
$5,000
18 months in jail
Great bodily harm: knowingly fails to stop
3rd-degree felony
$5,000
3 years in jail
Death: knowingly fails to stop
3rd-degree felony
$5,000
6 years in jail
Additionally, any accident that involves death or injury is subject to license revocation by the court’s discretion. 

How to avoid a hit-and-run charge

According to New Mexico law, when a driver is involved in a collision they must immediately stop at the scene of the accident or as close to the scene as possible.
New Mexico Statute 66-7-203
mandates that the driver should then: 
  • Provide their name, address, and vehicle registration number
  • Provide reasonable assistance to anyone who’s injured, including arranging and performing transport to medical treatment if requested by the injured person
If you strike an unattended vehicle and cannot locate the owner after making a reasonable attempt, you have a legal duty to leave a written notice explaining what happened. You should also provide your name and address, and if the vehicle you’re driving isn’t yours, name the owner of the vehicle. 
MORE: Does insurance cover a hit and run?

What should I do if I experience a hit-and-run in New Mexico? 

If you are the victim of a hit-and-run in New Mexico, don’t keep driving or try to follow the other driver. You must remain calm, stop at the scene and document as much as possible, and promptly report the incident to authorities. 

At the scene

Do not try to pursue the vehicle. Get out of the way of traffic as soon as possible and move your vehicle to safety if necessary. Look after anyone who may have sustained injuries and call 911 if they need medical attention. 
Remember to notify the police as soon as possible and begin compiling as much of the following information as you can: 
  • License plate numbers of any involved vehicles
  • The make, model, and body style of the other vehicle
  • The driver’s appearance/distinguishing features
  • Detailed notes about crash circumstances, such as the weather or anything else that may have contributed to the crash
  • Any unique identifying marks of the other vehicle and/or any damages it may have sustained from the collision
You should also speak to any witnesses who may be able to offer valuable perspective(s) on the incident.
Take pictures so that you have documented evidence of the accident to avoid later disputes. Note any other clues that may have been left at the scene such as skid marks or spilled vehicle fluids.
MORE: How to file a car accident claim report

After you leave the scene

Submit an insurance claim no later than 24 hours after the incident. 
Speak with the officer on the scene and make sure they file a police report. Having a report on file can help your situation two-fold: it can help lead to finding the perpetrator and it will substantiate the evidence you present to your insurance company. 
If you have the driver’s license plate number or they are identified, their liability insurance should cover the damages. Your insurance company will be able to pick up from there and handle the rest of the claim like any other accident. 
It’s much more difficult to file a claim without any information about the driver or the getaway vehicle.
Remember: Liability insurance doesn’t cover any damages to you, so it’s important to supplement with additional coverages. 
To best protect your assets in case of a hit-and-run, consider adding
uninsured/underinsured motorist coverage
,
collision coverage
, and/or
personal injury protection (PIP)
to your car insurance plan. 

What insurance covers a hit-and-run?

Insurance type
Will it cover a hit-and-run?
Notes
Uninsured/underinsured motorist coverage
Maybe
Consult with your insurance company to see if your policy covers hit-and-runs
Collision coverage
Yes
You may need to pay the deductible first
Personal injury protection (PIP)
Yes
May also pay for lost wages and other accident-related expenses. You may need to pay the deductible.
Medical payments (MedPay) coverage
Yes
Will only cover what health insurance doesn’t
MORE: Hit and run insurance claims: Everything you need to know
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FAQs

If you’re a victim of a hit-and-run, your insurance rate will be unaffected, but you should still file that police report to back up your claim! If you commit a hit-and-run, however, your insurance company will classify you as extremely high-risk and increase your premium.
If you’ve committed a hit-and-run, you likely have a pretty complex situation on your hands, so we recommend hiring an attorney.
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