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Earlier this month, New Mexico’s Supreme Court issued an opinion regarding a complex dispute between a driver and an insurance company. The case was the subject of two jury trials and two appeals. Two specific evidentiary issues were appealed to the Supreme Court. Facts of the Case The case stems from a dispute between…

Recently, a state appellate court issued a written opinion in a case involving a defendant-turned-plaintiff who claimed that his own insurance company failed to settle a case against him in bad faith. The case raises the broader issue, prevalent in many New Mexico car accident cases, of an insurance company’s duty to settle a…

Auto insurance is supposed to help accident victims recover for their losses after being involved in a serious accident. However, in reality, insurance companies are for-profit companies that are solely motivated by profit. In too many New Mexico car accident cases, insurance companies refuse to offer fair settlements or contest accident victims’ claims altogether….

As if being involved in a car accident is not bad enough, sometimes New Mexico car accident victims encounter significant trouble when they try to seek compensation for their injuries. In many cases, these troubles are due to the involvement of insurance companies. While insurance companies are ultimately the source for most car accident…

In a recent opinion, a court held in favor of an injured driver who sued their insurance company after filing a claim with the company and receiving a very small amount of damages. The case stemmed from a 2007 accident in which the driver was rear-ended by another vehicle. Sadly, the accident caused serious harm to…

A state appellate court recently decided that a personal injury case involving an underinsured motorist claim should be remanded back to the trial court, due to ambiguities in the insurance contract. The main issue that was being disputed was a clause in the insurer’s policy that required that an underinsured motorist claim must be brought within…

The United States Court of Appeals for the Seventh Circuit released its opinion in a personal injury case earlier this month. The case arose from a 2011 accident in which a woman drove through a stop-sign and caused a multi-vehicle accident. The plaintiff in the case was a motorist who was driving with two passengers….

With the prevalence of ride sharing and privately operated car services, discussions regarding the rights and liabilities of those injured by or as passengers in these vehicles have begun to make headlines. Although taxi cabs have been around for decades, the increased availability of private driving services has resulted in many legal questions. A recent…

Obviously, the most important settlement consideration to the plaintiff in a personal injury case is his/her net recovery. Therefore, the plaintiff’s attorney must understand the role of the various parties who make a claim against the settlement proceeds. The plaintiff’s net recovery is enhanced by proper handling of these claims. In addition, the plaintiff…

New Mexico is far from the richest state in the nation. New Mexico residents rarely have substantial assets buried in their back yard that can compensate New Mexico accident victims for their injuries. As a result, the financial recovery available to New Mexico car accident victims is often limited to the insurance policies in…