Most car accidents in Albuquerque are caused directly by one of the drivers involved, such as a driver running a red light or driving distracted. In some cases, however, a third party causes or contributes to the crash. Third-party involvement can complicate a car insurance claim, making it more difficult for a victim to navigate the process without help from an attorney.
Is New Mexico a No-Fault State?
No, New Mexico is not a no-fault state. It uses a fault-based insurance law, which holds the person or party responsible for causing a car accident accountable. This law allows victims to seek financial benefits or compensation from the at-fault party’s insurance carrier. All drivers in New Mexico are required to carry liability insurance to ensure that they can pay for the medical expenses and property repairs of others after an at-fault crash.
What Is a Third Party?
A third party is an individual or entity who was not directly involved in the accident but whose actions contributed to the victim’s injury or harm. It is not the injured victim (plaintiff) or the person directly at fault (defendant), but a third party. It can be important to identify third parties who are involved in car accidents in Albuquerque, as this can provide the victim with an additional source of financial compensation.
Common Third Parties in Albuquerque Car Accident Claims
A first-party claim with your own car insurance company and/or a second-party claim against another driver may not provide you with enough insurance coverage to completely pay for your losses – especially if there were multiple injured passengers or your injuries are severe. Holding a third party responsible could result in a larger settlement.
Third parties that may be involved in an Albuquerque car accident case include:
- Phantom driver. If a driver, bicyclist or pedestrian makes an unsafe maneuver that forces you to react in a way that causes a car accident, such as your vehicle running off the road, this party could be held liable for the no-contact crash even without being directly involved.
- An employer. The doctrine of vicarious liability holds employers responsible for the negligence of their on-duty employees. If a driver was on the clock when he or she caused your accident, the employer can likely be held accountable as a third party.
- The vehicle owner. An individual or company that owns a motor vehicle may be held liable if poor vehicle maintenance or low-quality part replacements played a role.
- A product manufacturer. If a defective vehicle part causes an accident, such as bad brakes or a tire blowout, the manufacturer or distributor of the product can be held accountable through a product liability claim.
- The government. Car accidents that are caused by dangerous road conditions, such as potholes or broken traffic lights, can be the fault of the government entity responsible for road maintenance in Albuquerque.
A “third party” in a car accident claim most often refers to the insurance company of the third party, not the party itself. There may be one or more third parties involved in your Albuquerque car accident case, depending on the type of crash and the cause of the accident.
How to Prove Third-Party Liability
Recovering financial compensation from a third party in Albuquerque after an auto accident requires proof of liability. You or your car accident attorney must establish that the third party owed you a duty of care, breached this duty, and caused your accident or injury. Hiring the right attorney to represent you can make it easier for you to establish fault and recover the financial compensation that you need to move forward.