Being the victim of a car accident in Albuquerque can be a frightening and overwhelming experience. Unfortunately, filing a car insurance claim can leave you with more questions than answers. It is critical to know what steps to take in the aftermath of a car accident so that you can protect your rights.
Hiring a car accident attorney in Albuquerque can take the pressure off of you, allowing you to concentrate on what matters most. Your attorney can carefully investigate your car accident to determine fault and gather key information and evidence to support your claim.
Pull Over at the Scene
Bring your car to a stop as close to the scene of the car accident as possible. If your vehicle is disabled, move it to the side of the road. Turn on your hazard lights to prevent any additional collisions. Leaving the scene of a car accident in New Mexico without stopping is a crime (hit-and-run) that can have serious consequences. If the other driver flees the scene, call the police.
Check for Injuries
Remain in your vehicle as you check yourself for injuries. If you do not immediately feel pain, don’t assume that you are not injured. Your adrenaline from the car crash may be masking pain. Ask the passengers in your vehicle if they have been injured, as well. When it is safe to do so, exit the car and check for injuries in the other vehicle.
Get Medical Attention
Always get immediate professional medical care after a motor vehicle collision. The forces of a traffic accident can be severe and inflict major injuries. Prompt medical care can put you in the best possible position to restore your physical health. In an emergency, call 911 to request paramedics. Otherwise, go to a hospital in Albuquerque.
A doctor can detect and treat injuries even before you notice symptoms. Delayed effects are common even with serious injuries, such as traumatic brain injuries. Going to a hospital right away also shows an insurance company that you did what you could to lessen your injuries.
Keep copies of your medical records and health care bills, as you will need them for your car insurance claim. Document your injuries in other ways, if possible, such as by taking photographs and keeping a daily injury journal.
Report the Car Accident
If your car accident involves bodily injury, death, or $500 or more in property damage, you have an obligation to notify law enforcement to report the crash under New Mexico law. You can contact the Albuquerque Police Department directly by calling 911 from the scene. They will send an officer to fill out an accident report.
Be sure your side of the story gets put on the police report. When speaking to the officer, don’t admit to fault for the crash. Do not go into detail about your injuries until you’ve seen a doctor, and never state that you are uninjured. Ask for your police report number so that you can call the station and obtain a copy later.
Exchange Information
Get the other driver’s name, address, vehicle identification number, phone number and car insurance information at the scene. If there are any eyewitnesses, including vehicle passengers, write down their information, as well. Witnesses can provide statements with information that is crucial to your case, especially when proving who is at fault.
Gather Evidence
Before you leave the scene of a car accident in Albuquerque, do what you can to collect evidence. You may be in a position to have to prove liability, or legal responsibility, for the accident during the insurance process. You can strengthen your odds of success from the very beginning by gathering evidence at the scene.
If you can, get the following:
- Photographs of both vehicles
- Photographs of debris or marks on the road
- Pictures of surrounding road conditions and traffic signs
- Eyewitness names and phone numbers
- Footage from security cameras, traffic cameras, dashcams or GoPros
As soon as you can after the crash, put your own statement in writing. Capture the details of the accident – such as the direction you were traveling, the speed of your vehicle, what you saw and what happened – while the details are still fresh in your mind. Get vehicle repair estimates and take photographs before and after repairs are completed.
File an Insurance Claim
Start the insurance claims process by notifying your own car insurance company first. Then, contact the car insurance provider of the driver you believe is at fault. This driver will be responsible for your losses under New Mexico’s fault law. Your car insurance company may file a claim against someone else for you, as well, through a process known as insurance subrogation.
Expect to be contacted by an insurance claims adjuster soon after you report the crash. This individual is hired by insurance companies to review claims and determine whether to accept or reject benefits. It is important not to trust the insurance adjuster. Even if the person sounds friendly, their goal is always to protect the insurance provider, not you.
The insurance adjuster will ask you questions about the car accident. Keep your answers short and concise. Do not speculate or make guesses regarding fault. Do not agree to give the insurance adjuster a recorded statement; this can be used to twist your own words around and use them against you later.
If you are sent anything by the insurance company, do not sign your name until bringing it to an attorney for review. If you are offered a fast settlement for your losses, do not accept before consulting with a lawyer. The insurance company may be offering less than your claim is worth. Once you accept, you generally cannot renegotiate.
Contact an Albuquerque Car Accident Lawyer
Dealing with the aftermath of a car accident can be difficult. At The Fine Law Firm, we believe you should have the peace of mind to focus your energy on healing from your injuries and moving forward rather than shouldering the burden of the legal process.
A lawyer can take care of confusing claims paperwork for you, as well as conversations and negotiations with insurance claims adjusters. An attorney will advocate for your rights and seek maximum compensation for your losses, even if this means taking your case to trial.If you’ve recently been involved in a car accident in New Mexico, contact us for a free consultation about how our attorneys can help you take the next steps forward.