Car accidents are a reality for hundreds of drivers in New Mexico every day. While you may not be able to prevent an automobile accident, you can control what happens after. Whether you’ve been involved in a minor collision or a serious car crash in Albuquerque, it is important to know your legal rights and how to protect them. Our Albuquerque, NM auto accident lawyers can help.
The Right to Hold the At-Fault Driver Accountable
New Mexico is not a no-fault state. It uses a fault-based law to determine who pays for automobile accidents. Under this rule, the driver or individual responsible for causing a car accident must pay. An accident victim is required to prove fault to hold someone else liable, or legally and financially responsible, for the crash.
As an injured car accident victim in Albuquerque, you have the right to hold the at-fault party accountable. You have the right to file a claim with the other driver’s car insurance company in pursuit of financial compensation for your damages. This may include injuries, medical bills, lost wages, property damage, and pain and suffering.
You also have the right to expect other drivers in Albuquerque to have adequate car insurance coverage. New Mexico state law requires all motorists to carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage, as well as $10,000 in property damage insurance. If the other driver is uninsured or underinsured, notify the police.
The Right to File a First-Party Insurance Claim
If you have optional types of insurance coverage on your own car insurance policy, you have the right to expect a first-party claim to be handled fairly and properly. If you file a claim seeking supplemental coverage for your medical bills or property repairs, for example, you have the right to expect your insurance company to respond promptly, investigate your claim in a timely manner and respond according to the terms of your policy.
If your insurance company handles your claim in bad faith, meaning not in an honest attempt to resolve the dispute based on your policy terms and the circumstances, you have the right to file a separate claim or lawsuit against the insurance corporation. This could result in another award in addition to compensation for your original car insurance claim.
The Right to Refuse the First Settlement Offer
You do not have to accept the first settlement offered to you by the insurance company. In fact, it is generally recommended that claimants do not accept initial settlement offers, as they are often inadequate. Insurance companies make their first offers low in the hopes that the claimant is eager to resolve the case and won’t take the time to negotiate. Instead of accepting immediately, consult with a car accident attorney about the true value of your case.
The Right to Take Your Case to Court
If the insurer is refusing to offer you a reasonable settlement, you have the right to bring your car accident case to court in Albuquerque for a better outcome. You can file a lawsuit with the Bernalillo County courts and pursue maximum compensation in the form of a court judgment award. While a car accident trial can be more expensive and time-consuming than a settlement, it could result in greater financial compensation for serious losses.
The Right to Hire a Car Accident Attorney
You have the right to hire an attorney for assistance, counsel and representation after a car crash in Albuquerque. A personal injury lawyer who specializes in car accident claims can guide you through every step of the recovery process from start to settlement. You can count on your lawyer to protect your legal rights during conversations with insurance claims adjusters and in the court, if necessary, to seek justice and maximum compensation on your behalf.