DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF NEW MEXICO
[FIRM NAME]
[Street Address]
[City, New Mexico ZIP]
Telephone: [Phone]
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[Adjuster Name]
[Insurance Company Name]
[Street Address]
[City, State ZIP]
RE: SETTLEMENT DEMAND
Our Client: [Client Full Name]
Date of Loss: [Date of Accident]
Your Insured: [At-Fault Driver Name]
Claim Number: [Claim Number]
I. NEW MEXICO-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under NMSA 37-1-8, the statute of limitations for personal injury is three (3) years.
B. Pure Comparative Negligence
New Mexico follows pure comparative negligence per Scott v. Rizzo, 96 N.M. 682 (1981). Plaintiff may recover even if more at fault than defendant.
C. No Damage Caps
New Mexico does not cap compensatory damages in auto accident personal injury cases.
II. STATEMENT OF FACTS
[Describe collision]
III. DAMAGES
| Category | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Lost Wages | $[Amount] |
| Pain and Suffering | $[Amount] |
| TOTAL | $[Amount] |
IV. SETTLEMENT DEMAND
$[DEMAND AMOUNT]
Open for thirty (30) days until [Date].
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
New Mexico Bar No. [Number]
NEW MEXICO PRACTICE NOTES
☐ Pure Comparative Negligence: Recovery allowed regardless of fault percentage
☐ No Damage Caps: Full compensation available
☐ Joint Liability: Several liability under NMSA 41-3A-1
☐ Punitive Damages: Available for willful, wanton, reckless conduct
☐ UM/UIM: Mandatory coverage; rejection must be knowing