New Mexico traffic laws make it illegal to drive while texting. NM Stat § 66-7-374. This includes viewing a text and manually typing a text. Many car wrecks occur in New Mexico because of distracted driving.
The phone records of the at-fault or negligent party may not be accessible until after a lawsuit is filed. Even though liability may be clear, the insurance company probably does not want you to see their insureds phone records because it may increase the value of your claim.
Most often, you must file a lawsuit so that a lawyer may have a subpoena issued to obtain the phone records. If you believe that you were in a car wreck with a distracted driver that was texting and driving, please contact me so that I can help you increase the value of your claim.