New Mexico Tort Claim Notice
Written notice within 90 days of the occurrence, to the State or the local body's named officer.
Find out where you stand in New Mexico
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Introduction
Under NMSA 41-4-16(A), written notice of a tort claim is due within 90 days after the occurrence. It goes to the Risk Management Division for the State, or to the mayor, school superintendent, county clerk or administrative head of a local public body.
Key Things to Know
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The deadline is short and strict. Written notice is due within 90 days after the occurrence giving rise to the claim (NMSA 41-4-16(A)). Missing it can bar the claim. Reading the statute or contacting the entity's risk management office or clerk confirms the current rule.
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One section covers both tracks. The same 90-day rule in NMSA 41-4-16(A) applies to claims against the State and against local public bodies, but each type of entity has its own recipient.
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State claims go to the Risk Management Division. For a municipality, notice goes to the mayor; for a school district, the superintendent; for a county, the county clerk; and for any other local public body, its administrative head.
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The notice is in writing and states the time, place and circumstances of the loss or injury (NMSA 41-4-16(A)). Naming the agency or employee involved and describing the injuries or damage helps the recipient identify the claim.
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The Risk Management Division offers an online State of New Mexico Tort Notice of Claim form for claims against the State. Ask a local public body which form, office and delivery method it uses.
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Under NMSA 41-4-16(B), actual notice of the occurrence excuses the written notice requirement. Whether the entity had actual notice depends on the facts, so do not rely on it; give written notice within 90 days.
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Actions in tort against a governmental entity or public employee are forever barred unless commenced within 2 years after the date of occurrence (NMSA 41-4-15(A)). As quoted in a 2006 New Mexico Supreme Court opinion, a minor under the full age of seven has until the ninth birthday to file; read the current statute for later amendments.
Key decisions before you file
Before you file a Notice of Claim in New Mexico, a few decisions shape the document: which option to choose and what each one means. The Notice of Claim guide walks through them.
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New Mexico Requirements for Notice of Claim
90-Day Written Notice
NMSA 41-4-16(A): written notice is due within 90 days after the occurrence giving rise to the claim, for State and local claims alike.
State Claim Recipient
NMSA 41-4-16(A): claims against the State go to the Risk Management Division.
Local Recipients
NMSA 41-4-16(A): the mayor for a municipality, the superintendent for a school district, the county clerk for a county, and the administrative head for any other local public body.
Actual Notice Exception
NMSA 41-4-16(B): actual notice of the occurrence excuses the written notice requirement.
Two-Year Suit Deadline
NMSA 41-4-15(A): tort actions against a governmental entity or public employee are forever barred unless commenced within 2 years after the occurrence; as quoted in a 2006 opinion, a minor under seven has until the ninth birthday; check the current text.
Time, Place and Circumstances
State the time, place and circumstances of the loss or injury in writing, as NMSA 41-4-16(A) requires.
Proof of Delivery
Record the date delivered, the recipient officer or division and the delivery method, with any tracking or confirmation number.