Jones Injury Attorneys | February 5, 2026 | Car Accidents
Being involved in a car accident is stressful enough. Finding out that you may be at fault can make the situation even more overwhelming. Many drivers immediately worry about insurance consequences, legal liability, and how an accident could affect their finances and driving record.
While every accident is different, understanding what typically happens when you are at fault can help you navigate the process with more confidence and fewer surprises.
How Fault Is Determined After a Car Accident
After a car accident, fault is typically determined by insurance companies based on the available evidence.
Their investigation may include:
- Police accident reports
- Photos or videos of vehicle damage and the accident scene
- Statements from drivers and witnesses
- Applicable traffic laws and violations
- Accident reconstruction in more complex cases
In some situations, fault is obvious, such as when a driver runs a red light or rear-ends another vehicle. In other cases, multiple parties may bear responsibility.
Ultimately, receiving a traffic citation does not automatically mean you are legally at fault, and fault determinations can often be challenged or reevaluated if additional evidence becomes available.
What Happens With Insurance if You Are At Fault?
New Mexico has a fault-based insurance system, meaning the driver who caused the accident is generally responsible for covering the resulting damages. If you are found to be at fault, your auto insurance policy typically pays for the other driver’s losses, up to the limits of your coverage.
This may include compensation for:
- Repairs or replacement of the other vehicle
- Medical expenses related to accident injuries
- Lost wages from time missed at work
- Damage to personal property
New Mexico law requires drivers to carry minimum liability insurance, and your insurance company will usually handle the claims process, negotiations, and payments on your behalf. However, if the total damages exceed your policy limits, you may be personally responsible for the remaining costs.
Will Your Insurance Rates Go Up?
In many cases, yes. Being at fault for a car accident often results in increased insurance premiums. The amount of the increase depends on several factors, including the severity of the accident, whether anyone was injured, your driving history, and your insurer’s policies.
Some insurers offer accident forgiveness programs that prevent a rate increase after a first at-fault accident, but these programs usually come with eligibility requirements.
Can You Be Sued After an At-Fault Accident?
If the accident caused significant injuries or property damage, the other party may choose to file a personal injury claim or lawsuit. Typically, your insurance company will handle settlement negotiations and provide you with a legal defense. However, as mentioned earlier, if damages exceed your coverage limits, you may be exposed to personal financial liability.
This is one reason why carrying adequate insurance coverage is so important—it protects not just your vehicle, but your financial security in the future.
What if You Are Partially at Fault?
New Mexico follows a pure comparative negligence system. This means fault can be shared between the drivers involved in an accident, and each party is responsible for their percentage of the blame.
For example, if you are found to be 30% at fault and the other driver is 70% at fault, any compensation you receive would be reduced by your 30% share of responsibility.
Because fault is divided this way, determining liability can become more complex. Even small details—such as traffic violations, witness statements, or the manner in which the accident occurred—can significantly affect how fault is assigned and how much compensation is ultimately available.
What You Should Do After an Accident
If you believe you may be at fault, there are still important steps you should take:
- Report the accident to your insurance company promptly.
- Avoid admitting fault at the scene or on social media.
- Gather and preserve evidence, including photos and witness information.
- Cooperate with your insurer, but be cautious when giving recorded statements.
- Consider speaking with an attorney if injuries or significant damages are involved.
Even drivers who are partially or fully at fault still have rights, and legal guidance can help ensure those rights are protected.
Contact Jones Injury Attorneys for a Free Consultation With an Albuquerque Car Accident Lawyer
Being at fault for a car accident can feel overwhelming, but it does not automatically mean serious financial or legal consequences. The outcome depends on your insurance coverage, New Mexico law, and the details of the accident.
If you have questions about your situation, contact Jones Injury Attorneys today for a free consultation with an Albuquerque car accident attorney.
We proudly take cases in all of New Mexico.
Jones Injury Attorneys – Downtown
1011 Lomas Blvd NW #106
Albuquerque, NM 87102
(505) 248-1400
Available: Monday through Friday, 8 AM to 5 PM
Jones Injury Attorneys – Arroyo del Oso Office
8205 Spain Rd NE #111-B
Albuquerque, NM 87109
(505) 634-7796
Available: Monday through Friday, 8 AM to 5 PM