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Types of Car Accident Claims and How to File them
If you’ve been involved in a car accident in New Mexico, don’t navigate the claims process alone. Contact Raymon law Group at (505) 390-1040 for a free consultation.
RAYMON LAW GROUP
How Our New Mexico Car Accident lawyer Can Help
If you’ve been involved in a car accident in New Mexico, don’t navigate the claims process alone. The skilled attorneys at Raymon Law Group are here to help you understand your rights and pursue the compensation you deserve.
Contact Raymon law Group at (505) 390-1040 for a free consultation.
Types of Car Accident Claims and How to File Them in New Mexico
Car accidents are unfortunate events that can cause physical injuries, emotional trauma, and financial burdens. Knowing the types of car accident claims and how to file them can make a significant difference in ensuring you receive the compensation you deserve. At Raymon Law Group, we are committed to providing comprehensive guidance and support to individuals in New Mexico who have been involved in car accidents.
Understanding the Types of Car Accident Claims
In New Mexico, minors are not legally able to file lawsuits or enter into settlement agreements on their own behalf. Instead, a parent or legal guardian must act as the “next friend” of the minor, representing their interests in legal proceedings. This role is crucial in ensuring that the minor’s rights are protected, and that any settlement or judgment obtained is fair and just.
1. Personal Injury Claims
Personal injury claims arise when individuals suffer injuries due to the negligence or recklessness of another party involved in the accident. These injuries can range from minor cuts and bruises to more severe conditions such as whiplash, broken bones, or traumatic brain injuries. In New Mexico, victims of car accidents have the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
2. Property Damage Claims
Property damage claims cover the costs associated with repairing or replacing damaged property, including vehicles involved in the accident. This may include the cost of repairs, rental car expenses, or the fair market value of a totaled vehicle. It’s essential to document the extent of the damage and gather evidence, such as photographs and repair estimates, to support your claim.
3. Wrongful Death Claims
Tragically, some car accidents result in the loss of life. In such cases, surviving family members may pursue a wrongful death claim against the at-fault party. These claims seek compensation for funeral expenses, loss of income, loss of companionship, and other damages resulting from the untimely death of a loved one. Wrongful death claims are complex and emotionally challenging, requiring the expertise of experienced legal professionals.
Fault and Liability Regulations in New Mexico
In New Mexico, the system of fault and liability operates on the basis of attributing responsibility in accidents. As an “at-fault” jurisdiction, individuals have the right to pursue recompense for damages resulting from car accidents from the party deemed responsible and their insurance provider.
Should you possess relevant coverage, you have the option to utilize your own insurance. However, it is not mandatory to initiate a claim through your personal policy following an accident. For instance, some individuals opt to utilize their personal collision coverage for vehicle repairs, with subsequent reimbursement sought from the insurance provider of the at-fault party.
Shared Fault Guidelines in New Mexico
The state of New Mexico adheres to a principle of pure comparative fault. This framework allows individuals to pursue claims against other involved drivers even in cases where they are predominantly responsible, with compensation adjusted proportionately according to their degree of fault in the accident.
How to File Car Accident Claims in New Mexico
1. Report the Accident
Immediately after the accident, it’s crucial to report the incident to the relevant authorities, such as the police or highway patrol. In New Mexico, drivers involved in accidents resulting in injury, death, or property damage exceeding $500 must report the accident to law enforcement. A police report provides an official record of the accident, which can be invaluable when filing a claim with insurance companies or pursuing legal action.
2. Seek Medical Attention
Even if you believe your injuries are minor, it’s essential to seek medical attention promptly. Some injuries may not be immediately apparent but could worsen over time if left untreated. Additionally, obtaining medical documentation of your injuries is vital for establishing the extent of damages in your claim. Follow your healthcare provider’s recommendations for treatment and keep records of all medical expenses related to the accident.
3. Notify Your Insurance Company
In New Mexico, drivers are required to carry auto insurance with minimum liability coverage. It’s essential to notify your insurance company of the accident as soon as possible and provide them with accurate information about the incident. Be cautious when speaking with insurance adjusters and avoid admitting fault or accepting any settlement offers without consulting with legal counsel.
4. Consult with a Car Accident Attorney
Navigating the legal complexities of car accident claims can be daunting, especially when dealing with insurance companies and legal proceedings. Consulting with a knowledgeable car accident attorney can provide you with invaluable guidance and advocacy throughout the claims process. At Raymon Law Group, our experienced attorneys have a proven track record of helping car accident victims obtain the compensation they deserve.
5. Gather Evidence
To support your car accident claim, it’s essential to gather as much evidence as possible from the scene of the accident. This may include photographs of the vehicles involved, eyewitness statements, medical records, and any other relevant documentation. The more evidence you have to substantiate your claim, the stronger your case will be when negotiating with insurance companies or presenting your case in court.
6. Negotiate a Settlement or Litigate
Once you’ve filed your car accident claim, the insurance company will conduct an investigation to assess liability and determine the extent of damages. In many cases, insurance companies will attempt to settle claims quickly and for as little as possible. However, it’s essential to carefully review any settlement offers with your attorney to ensure they adequately compensate you for your injuries and losses. If a fair settlement cannot be reached, your attorney may recommend pursuing litigation to seek compensation through the court system.
Car Accident Compensation in New Mexico
Insurance companies in New Mexico annually pay out nearly $1 billion in auto accident claims.
Estimating Settlements
For mild to moderate injuries, calculate economic damages like medical bills and lost wages, then multiply by a factor of one to three to include inconvenience, pain, and emotional distress. Minor soft-tissue injuries warrant a one-time multiplier, while more severe injuries, such as fractures or concussions, justify higher multipliers.
Seek Legal Counsel for Severe Cases
Severe injuries and wrongful death cases require the expertise of an experienced attorney to ensure the best outcome for victims and their families.
Average Settlements
In New Mexico, the average settlement for moderate car accident claims is $49,480, ranging from $6,772 to $403,000. Settlements can vary widely based on accident circumstances, injury severity, and insurance policy limits.
Factors influencing compensation for car accidents may include:
- The extent and seriousness of injuries sustained
- Shared responsibility for the accident
- Collisions involving multiple vehicles
- Multiple individuals injured in the accident
- Loss of life
- The extent of available insurance coverage
In situations where you and others sustain significant injuries, the available insurance funds may not be adequate to address everyone’s losses. Coverage may be accessible through the responsible party’s insurance as well as your own policy, contingent upon the specifics of the accident and the additional protections outlined in your policy
Minimum Auto Insurance Requirements in New Mexico
Drivers in New Mexico are mandated by law to maintain auto insurance coverage meeting minimum standards, which include bodily injury liability coverage of at least $25,000 per person and $50,000 per accident, along with $10,000 for property damage.
Optional Insurance Offerings in New Mexico
Insurance providers offering auto policies in New Mexico must extend uninsured (UM) and underinsured (UIM) motorist coverage matching the liability limits of the policy. Policyholders retain the option to waive these additional coverages.
With UM and UIM protections in place, you can seek compensation from your own insurer following accidents involving hit-and-run incidents, uninsured motorists, or situations where the responsible party’s coverage is insufficient to address your losses.
Civil Deadlines Matter
According to NMSA 37-1-8, you have three years from your accident to file a claim against your insurer. This period is crucial, as evidence degrades and memories fade. Other civil deadlines may be shorter.
To secure a fair and equitable resolution, it’s imperative not to allow the passage of time to influence your decision-making process. Act promptly to protect your case.
Contact Raymon Law Group for Experienced Legal Representation
If you’ve been involved in a car accident in New Mexico, don’t navigate the claims process alone. The skilled attorneys at Raymon Law Group are here to help you understand your rights and pursue the compensation you deserve. With years of experience handling car accident claims in Albuquerque and throughout New Mexico, we have the knowledge and resources to advocate tirelessly on your behalf. Contact us today at (505) 390-1040 for a free consultation with one of our experienced car accident attorneys. Let us fight for justice and help you rebuild your life after a car accident.
FAQ
1. What should I do immediately after a car accident in New Mexico?
After a car accident in New Mexico, it’s essential to prioritize safety by checking for injuries and moving to a safe location if possible. Then, report the accident to the police and seek medical attention for any injuries, no matter how minor.
2. How long do I have to file a car accident claim in New Mexico?
In New Mexico, the statute of limitations for filing a personal injury claim arising from a car accident is generally three years from the date of the accident. However, it’s crucial to consult with an attorney promptly to ensure compliance with all deadlines.
3. What if I was partially at fault for the car accident?
New Mexico follows a comparative negligence system, meaning that if you were partially at fault for the accident, your compensation may be reduced in proportion to your percentage of fault. However, you may still be entitled to recover damages, depending on the circumstances of the case.
4. Can I still pursue a car accident claim if I wasn’t wearing a seatbelt?
New Mexico follows a modified comparative negligence rule, which means that if your failure to wear a seatbelt contributed to your injuries, your compensation may be reduced. However, you may still be able to recover damages, especially if other parties were primarily at fault for the accident.
5. How much compensation can I receive for my car accident injuries?
The amount of compensation you may receive for car accident injuries in New Mexico depends on various factors, including the severity of your injuries, medical expenses, lost wages, pain and suffering, and other damages. An experienced attorney can evaluate your case and provide an estimate of potential damages.
6. What if the at-fault driver doesn’t have insurance?
If the at-fault driver in a car accident does not have insurance, you may still have options for recovering compensation. You may be able to file a claim with your own insurance company under uninsured/underinsured motorist coverage, which is required in New Mexico.
7. Can I file a car accident claim on behalf of a deceased loved one?
Yes, if a loved one was killed in a car accident due to another party’s negligence, you may be eligible to file a wrongful death claim on their behalf. Surviving family members, such as spouses, children, or parents, may seek compensation for damages resulting from the loss of their loved one.
8. What if the other driver fled the scene of the accident?
If you were involved in a hit-and-run accident in New Mexico, you may still be able to pursue compensation through your own insurance policy’s uninsured motorist coverage. Additionally, the police may conduct an investigation to identify and apprehend the at-fault driver.
9. How long does it take to settle a car accident claim in New Mexico?
The timeframe for settling a car accident claim in New Mexico varies depending on the complexity of the case, the extent of injuries, and other factors. Some claims may be resolved through settlement negotiations within a few months, while others may require litigation and could take longer to resolve.
10. Do I need an attorney to handle my car accident claim?
While you are not legally required to hire an attorney to handle your car accident claim in New Mexico, having experienced legal representation can significantly improve your chances of obtaining fair compensation. An attorney can navigate the legal process, negotiate with insurance companies, and advocate for your rights, allowing you to focus on your recovery.
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