Do I really have only 90 days to report a Farmington school zone crash?
Yes - if a New Mexico government vehicle or public agency may be at fault, missing the 90-day notice can destroy the claim. That is the mistake that costs people the most money.
A lot of people hear the usual answer: "You have three years for a car accident." That is not the full answer in New Mexico.
If your crash involved a City of Farmington vehicle, Farmington Municipal Schools, a public school bus, a city worker in a construction zone, or another government agency, the New Mexico Tort Claims Act can apply. That law usually requires written notice within 90 days of the accident.
A police report does not automatically satisfy that notice requirement.
Neither does telling your supervisor, opening a workers' comp claim, or reporting it to your own insurer.
What usually counts is written notice to the right public entity. Depending on who was involved, that may mean:
- the City of Farmington through the city clerk or risk management process,
- Farmington Municipal Schools through the superintendent's office,
- or the New Mexico General Services Department Risk Management Division for certain state agencies.
You may still have a workers' compensation claim if you were hurt on the job as a nurse, teacher, or other healthcare worker, but that does not replace the Tort Claims Act notice if a government driver or agency caused the crash.
The other deadline people miss is the lawsuit deadline. Under the Tort Claims Act, lawsuits are generally due within 2 years of the injury - not the ordinary 3-year deadline that often applies to other New Mexico injury cases.
In back-to-school traffic around Farmington, especially near school zones, bus stops, and crowded pickup lines, this issue comes up fast. If the vehicle or road crew was public, think 90 days first, not "I'll deal with it later."
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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