Utility Claim vs. Your Own Insurance in New Mexico
After a wildfire, two separate paths to recovery can exist, and understanding the difference matters. A claim on your own insurance and a claim against the utility that caused the fire are not the same thing, and pursuing one does not replace the other.
Two different claims
Your own insurance claim is based on the policy you bought, and it is often the first source of recovery — but it is limited by your policy limits and coverage. A utility liability claim is against the company whose equipment caused the fire, and it can seek losses beyond those limits, including full property, income, and the harm you suffered.
They work together
You can generally pursue both, and they are coordinated — your insurer may seek reimbursement from the utility for what it paid you. If your own insurer is also delaying or underpaying without a reasonable basis, that can be a separate bad-faith issue we can address.
How we help
We explain how both paths fit your situation, pursue the utility, and help coordinate any insurance recovery. The review is free and confidential. Se habla español.
Frequently asked questions
If I already filed with my insurance, can I still sue the utility?
Generally yes — they are separate claims and can be pursued together. Your insurance is based on your policy; a utility claim can seek losses beyond your limits. The two are coordinated, which we handle.
New Mexico law — what people ask
How long do I have to file an injury claim in New Mexico?
Generally three years — longer than California or Arizona allow. But if a government entity is involved, the Tort Claims Act requires written notice within 90 days, which is the shortest deadline in New Mexico injury law and can pass while someone is still in hospital.
Can I still recover if I was partly at fault in New Mexico?
Yes. New Mexico follows pure comparative negligence, so your share of fault reduces the recovery rather than barring it, with no cutoff percentage. The rule came from the state’s courts rather than its legislature.
Does New Mexico cap what I can recover?
It depends entirely on who caused the harm, and this is where New Mexico is genuinely different. An ordinary injury claim is not capped. Medical-malpractice claims run into a tiered cap under the Medical Malpractice Act, and claims against government entities run into separate Tort Claims Act limits. Three regimes, three answers.
What if more than one party was responsible?
New Mexico largely does away with joint and several liability, so each defendant is generally responsible for its own share. There are meaningful exceptions — intentional torts, vicarious liability, and products in the stream of commerce among them.
The driver who hit me had no insurance. What now?
This happens more here than in most states. Your own uninsured or underinsured coverage is the route, and New Mexico courts have been comparatively protective of policyholders on stacking — combining the limits of more than one policy or vehicle where premiums were paid for each.
Is a medical claim treated differently in New Mexico?
Substantially. Claims against providers qualified under the Medical Malpractice Act pass through a review commission before suit, are governed by a statute of repose rather than an ordinary limitations period, and are subject to the tiered caps with a compensation fund behind them.
Injury law in New Mexico
New Mexico injury law gives families a longer window and some distinctive rules.
- Filing deadline: New Mexico gives you longer than most states — generally three years from the injury — with a 90-day notice deadline when a government entity is involved.
- Fault: New Mexico follows pure comparative negligence, so sharing some of the blame reduces your recovery rather than ending your claim.
- Damage caps: An ordinary New Mexico injury case is not capped; medical-malpractice and government claims have their own separate limits.
- Multiple defendants: New Mexico generally applies several liability, with some exceptions.
Related topics
California injury law
This is general information about New Mexico injury law, not legal advice. Every case is different.
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