Settlement agreements for payment of damages.

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A. Any two or more of the persons involved in or affected by a motor vehicle accident may at any time enter into a written settlement agreement for the payment of an agreed amount with respect to all claims of any of the persons because of bodily injury to or the death of any person or property damage arising from the accident, which agreement may provide for payment in installments, and may file a signed copy of the settlement agreement with the division.

B. In the event of a default in any payment under such settlement agreement and upon notice of default, the division shall take action suspending the license or registration, or both if the owner and driver are the same person, or any nonresident's operating privilege of the person in default.

C. The suspension shall remain in effect and the license or registration shall not be restored until:

(1) the person in default has paid the balance of the agreed amount; or

(2) one year has elapsed following the effective date of the suspension and evidence satisfactory to the division has been filed with it that during such period no action at law upon the settlement agreement has been instituted and is pending.

History: 1953 Comp., § 64-24-70.1, enacted by Laws 1971, ch. 59, § 2; recompiled as 1953 Comp., § 64-5-212 by Laws 1978, ch. 35, § 288; 1978 Comp., § 66-5-212, recompiled as 1978 Comp., § 66-5-210 by Laws 1983, ch. 318, § 11.

ANNOTATIONS

Repeals. — Laws 1983, ch. 318, § 42, repealed former 66-5-210 NMSA 1978, relating to actions in respect to unlicensed persons, effective January 1, 1984.

Cross reference. — For the Structured Settlement Protection Act, see 39-1A-1 NMSA 1978.


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