Although driving down Route 66 may let you study some New Mexico scenery, suddenly a car hits you. Now what? Car accidents are common. There are thousands that happen here every year. This article provides guidance on beneficial things to do after a crash, clarifies your rights, and leads one toward recovery.
Immediately After a Car Accident: What To Do In New Mexico
Acting quickly after a crash is important. Your safety and health are paramount, as much as your legal rights. Here are the steps required immediately following an accident.
Check For Injuries And Ensure Safety
First, check yourself and all others in the car for injuries. If anybody is hurt, get help; the sooner, the better. If possible and safe to do so, remove your vehicle from the road to avoid putting other drivers in danger of crashing into it. Put on your hazard lights. This helps warn other vehicles and keep the area as safe as possible.
Call 911 And Report The Accident
Calling 911 is imperative in the event of injuries or severe vehicular damage. New Mexico law requires that an accident be reported when certain conditions are met. When you call, tell the dispatcher where you are, a sketch of what occurred, and whether anyone requires medical help. Be direct and to the point.
Gather Information At The Scene
Another piece of crucial evidence is obtained from the other driver. The name, insurance information, and other contact details shall be obtained. Witnesses present at the scene will have their contact information taken down as well. Take some photos and videos of the scene of the accident: damages to all involved vehicles, road conditions, etc. This will help you back up your claim with the insurance company.
Your Knowledge Of New Mexico Car Accident Laws And Your Rights
In New Mexico, laws related to car accidents have been applied. Knowing those laws preserves your entitlement. So let us peek into New Mexico’s system.
New Mexico Employment of the “Fault” System
New Mexico is a fault state when it comes to car insurance. This means that the person responsible for causing the accident is responsible for paying damages. Insurance companies conduct investigations to determine who is at fault. Police reports and witness statements are often used as evidence.
Statute of Limitations for Car Accident Claims
After an accident, there are time limits for bringing a lawsuit. In New Mexico, you typically have three years from the date of the accident to file a personal injury or property damage claim. If you miss that deadline, you will lose your right to sue.
About Uninsured and Underinsured Motorist Coverage
What happens if the other driver is not insured or is underinsured? This is where Uninsured Motorists (UM) coverage and Underinsured Motorist (UIM) coverage come into play. The UM covers your damages for being hit by an uninsured driver, and the UIM kicks in when the at-fault driver does not have enough insurance to cover your losses.
Documenting Damages and Losses After a Car Accident
Keeping in good records is essential after an accident. This supports the claim process. This assists in achieving fair compensation.
Medical Records and Expenses
All documents associated with injuries/accidents must be kept. Doctor notes, hospital bills, therapy records, and prescriptions. Medical expenditures should be tracked. Documentation shows the full extent of your injuries and costs involved.
Lost Wages and Income
Documentation should be kept for all lost income when injuries happen to keep one away from work. Collect pay stubs, get tax returns, and statements from the employer. Proves the amount lost because of the accident. Amortize the likely figure of any earning potential affected by injury problems.
Property Damage and Repair Estimates
Fix and, if possible, replace your car. Collect several estimates from different shops and document your car’s value before the accident. This information helps assess the settlement amount fairly for the damage.
Negotiating with Insurance Companies in New Mexico
Insurance companies, as it is, provide tricky issues. Knowing what they indulge in forms a base of knowledge through which you can cover your rights.
Understand the Insurance Company Tactics
Insurance companies will always try to make you pay as little as possible. Coming along with a quick low settlement hoping you will accept it before you even realize how badly you had been hurt. Adjusters may indeed ask you for a recorded statement. Be careful with all you say; it can be used against you.
Talk Accurately with the Insurance Adjuster
Straight facts only, no guesses or speculation when discussing with the insurance adjuster. Keep a record of every conversation that happens. Add the date and time and what was discussed. This will form a clear timeline of communications.
When to Talk to a Car Accident Attorney
If you are seriously injured or the liability for causing the accident is seriously disputed, you should talk to a car accident lawyer. An attorney can also help if the insurance company offers an unfair settlement. The lawyers know New Mexico laws and how to protect your rights.
Factors to Consider When Choosing a Car Accident Attorney in New Mexico
Choosing the right lawyer is key. Find someone with the right experience. They should also have a good record.
Qualities to Look for in a Car Accident Lawyer
Look for a lawyer who knows car accident cases in New Mexico. They should sound good in negotiation and, when needed, trial. Check online for client reviews and testimonials.