New Mexico is a fault-based state. The driver who has been found to have caused the accident will be responsible for covering all the charges for damages incurred.
This fault is normally determined by examining the events leading up to the accident. While there are situations in which one driver was entirely responsible for the accident, it is more common to see accidents being caused by more than one person. In this case, the fault is divided between the drivers involved according to the extent of the role played by each driver.