New Mexico

Negligence Doctrine: Pure Comparative Negligence
Circuit # 10

>Photo of New Mexico

Med Pay Subrogation - Yes
PIP Subrogation - No

Statute of Limitations

  • Statute of Repose: Products N/A
  • Statute of Repose: Real Property 10 years
  • Breach of Contract (Written) 6 years
  • Personal Property 4 years
  • Personal Injury 3 years
  • Warranty 4 years

Able to Pursue Owner

Sue Owner for Negligence – NO
Suspend Owner’s License – YES

Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
New Mexico Law provides for continuing wage garnishments. The employer must withhold up to 25% of disposable earnings from each paycheck beginning on service of the writ and continuing until the judgment is paid in full; If previous garnishments are in effect when the writ is served, the earlier writ(s) must be satisfied before withholding begins on the later writ. Up to 50% of disposable wages are subject to a garnishment for child support, making subsequent garnishments for debts ineffective; Pre-judgment garnishment of wages is prohibited

Parental Responsibility

Personal Injury & Property Damage (Child Under 18); Auto Liability (Minor under 18)
Dollar Limit on Parents’ Liability:

  • $4,000 plus costs and attorney’s fees Personal Injury
  • $4,000 plus costs and attorney’s fees Property Damage Unlimited for Auto Liability

Liability imposed when child willfully or maliciously injures person, or willfully or maliciously destroys property; Liability imposed when child commits willful or negligent acts in operation of motor vehicle and parent signed child’s application for license or permit

Subrogation by Landlord's Carrier against Tenant

Look to lease

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