If you get hurt and suffer losses in a car accident in New Mexico, you will be thrust into a legal process that you may be unfamiliar with. The more you understand the car accident claims process, the easier it will be to protect yourself and your legal rights along the way.
For more information or legal advice about a specific car accident claim in New Mexico, contact the Fine Law Firm for a free case review. Our auto accident lawyers in Albuquerque can guide you through each step of the process with your goals and best interests in mind.
Immediately After the Accident
Immediately after an automobile accident, while you are still at the scene, there are things you can do that will affect your future car accident claim. Everything you do and say matters. In the crucial moments after a collision, protect yourself by not admitting fault or apologizing to the other driver.
Gather evidence at the scene, such as information from the other driver and witnesses, photographs, video footage, and a police report. The evidence and information you collect early on can help you build a stronger car accident claim. Get medical care right away and keep clear documentation of your diagnosed injuries and necessary treatments.
Insurance Claim Filing and Negotiations
When it comes time to seek damages or financial compensation for your New Mexico automobile accident, start by contacting your own car insurance company. Call your provider to report the crash. Be honest about what happened, but do not admit fault. The insurance company will investigate the accident to determine who is to blame.
Who Pays for a Car Accident in New Mexico?
There are “at-fault” and “no-fault” car insurance states. New Mexico is an at-fault state, where the person or party at fault for causing an automobile accident must pay for the damage it causes. If you have reason to believe that another driver is responsible for causing your crash, such as from speeding or distracted driving, you have the right to file a claim for damages with his or her car insurance provider.
Filing Your Claim
You can typically file a claim by phone or online, depending on the insurance provider. Give the insurance company the other driver’s name and policy number, which you should collect at the scene of the accident.
In New Mexico, insurance companies must respond to claims within a “reasonable time.” This typically means around 15 to 30 days. In this time, continue with your medical care and take time off from work to heal, if needed. Stay off of social media, as the insurance company may look at your online activity to search for evidence to use against you.
The insurance company will investigate to determine fault. If it accepts liability, it will offer you a financial settlement to resolve the dispute. It is critical that you don’t accept the first settlement offer, as it is most likely too low for the extent of your losses. Instead, negotiate the value of the initial settlement to a fair amount with help from a car accident attorney in New Mexico.
Dealing With a Claims Adjuster
Expect a phone call from the other driver’s auto insurance carrier shortly after your crash – often the same day. The person who contacts you will be the insurance claims adjuster. It is important not to trust the adjuster, as his or her goal will be to resolve your case for as little compensation as possible. Do not give the adjuster a recorded statement, and do not accept a settlement without first consulting with an attorney.
Filing a Personal Injury Claim
In most car accident cases in New Mexico, filing an insurance claim is enough to recover fair compensation for medical bills, property damage, lost wages and other losses. Some cases need to be resolved with personal injury lawsuits.
A lawsuit may be necessary if the other driver doesn’t have insurance, you need to pursue further recovery in excess of insurance policy limits, you have serious or catastrophic injuries, or the insurance company isn’t cooperating.
To file a lawsuit, you or your attorney will need to fill out and submit the proper claim forms to the correct civil courthouse. The defendant will be served papers notifying them of the case. The defendant will then have the chance to respond with a settlement offer, or else the case will proceed to court.
What to Expect From the Court Process
A car accident court case in New Mexico gives both parties, the plaintiff and the defendant, an opportunity to present evidence and witnesses proving their side of the case. Expert witnesses are often called upon to provide testimony that clarifies complicated case elements, such as crash reconstructionists and medical experts.
At the conclusion of a trial, a judge or jury will decide if the defendant is liable based on the evidence presented. The burden of proof that must be met to hold a defendant liable is “based on a preponderance of the evidence,” meaning the claim is more likely to be true than not true. If the defendant is found liable, they will be required to pay a judgment award as determined by the judge or jury.
Statute of Limitations
If you need to file a personal injury claim in New Mexico for a car accident, you have a maximum of three years to do so under the state’s statute of limitations. This deadline is decreased to two years if you need to hold a government agency accountable. Act promptly to ensure you are within your time limit. Quick action is also important for the preservation and integrity of key evidence.
How Can a New Mexico Car Accident Lawyer Help You?
A New Mexico car accident claim can take anywhere from a few months to multiple years from start to finish. Being adequately prepared for the process ahead is possible with a firm understanding of what to expect. You have the power to make the claims process faster, simpler and more effective by hiring a car accident lawyer to represent you.
At the Fine Law Firm, an attorney will support your case and protect your rights during every step of the claims process. Having an attorney advocating for you from the beginning can increase the value of your final settlement or jury verdict – all while protecting you and your family from the stress of taking legal action. To discuss in more detail how a car accident attorney may be able to help you during this difficult time, contact us today for a free consultation at (505) 889-3463.