When to file a report

• In New Mexico, traffic accidents are governed by New Mexico Code, Chapter 66, article 7, sections 201-215. The law requires drivers involved in a car accident to file a report with the Department of Transportation. This should be done within five days if the accident meets wither of two criteria: if anyone was injured or died in the collision or if the property damage exceeds $500.
  
  The State Highway and Transportation Department is responsible for supplying police departments, district medical investigators, sheriffs, garages and other appropriate agencies with accident report forms that motorists can fill out. The law requires the report to be made on this form. All of the information asked for is required unless it is not available.
  
  

Alternative and Additional Reports

• There may be certain circumstances where the driver involved in the accident is not the vehicle's owner. In the event that person is not physically able to provide a written report, the vehicle's owner is responsible for submitting the accident report. He must do this within five days under New Mexico law .
  
  Other drivers involved in the accident may be asked to submit reports as well. The Department of Transportation may require this if they feel the original accident report is insufficient. In addition, the department may require witnesses to submit a report if more information is needed.
  
  

Reports filed by officials

• Police, district medical officers and garages also have reporting requirements. On the scene, police officers are required to gather information and file their own report to the Department of Transportation within 24 hours. Their report is required to contain facts about the cause, weather conditions and the people and vehicles involved (including if such persons have auto liability insurance). The name and address of the insurance agency will be recorded. If the accident involves bodily injury where anyone is sent to a hospital, death or a vehicle being towed away because of damage, the officer is required to forward the report to the Department of Transportation within 24 hours.
  
  District medical investigators are required to report any traffic accident deaths to the Department of Transportation before the 10th day of each month. They must detail the location, time, date and circumstances of the accident in their report.
  
  Garages and repair shops are required to file a report with the Department of Transportation when vehicles are brought in that appear to have been in an accident or show bullet holes. Their report must include the vehicle engine number, registration number and the name and address of the owner or operator of the vehicle.
  
  

Confidentiality

• Accident reports filed by individuals and garages are confidential. However, certain information may be disclosed under certain circumstances. This can happen when a person denies his presence at an accident or the names of the people involved in the accident are not known.
  
  A police report can be referenced during a court case to determine whether or not a driver was insured at the time of the collision. Police officers check for insurance at the scene of the accident.
  
  Because the law requires drivers to fill out an accident report within five days, the Department of Transportation may release the report with a court certificate if there is doubt about whether or not this law was followed.
  
  Otherwise, the law states that, "except as otherwise provided in this section, no accident report shall be used as evidence in any trial, civil or criminal, arising out of an accident."