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New Mexico Car Accident Settlement

New Mexico Auto Accident Settlements

Car accidents can be a stressful and potentially dangerous situation, but in the state of New Mexico, there may be settlements available for those who have been involved. If you’ve recently had an accident in New Mexico, this guide may be helpful in the process of negotiating your car accident settlements.

New Mexico may be the Land of Enchantment, but there is nothing enchanting about being in a car accident. If you do find yourself in a car crash, as a resident or a traveler, it will benefit you to know a few New Mexico auto accident laws.

After a car crash in New Mexico, you may have an easy claim to submit. Or, you may have a more complex situation that could result in drawn out settlement negotiations or a car accident lawsuit.

Car Accident Settlement

This article will explore different types of car accident settlements available in New Mexico, including liability, compensation, and other legal aspects of filing a claim or lawsuit. We’ll also advise on what to do if you find yourself in this unfortunate situation.

What to do After a Car Accident in New Mexico

If you are involved in a car accident in New Mexico, there are a few important things you should do immediately:

  1. Check for injuries. If you or anyone involved in the accident is injured, call 911 immediately.
  2. Exchange information with the other driver(s). This includes their name, address, insurance company, and policy number.
  3. Take pictures of the accident scene. This includes the damage to the vehicles, the location of the accident, and any skid marks or other evidence.
  4. Report the accident to the police. Even if there are no injuries, it is important to report the accident to the police. This will create a record of the accident that can be used later if you need to file a claim.
  5. Get medical attention if you are injured. Even if you don’t think you are injured, it is important to see a doctor as soon as possible. This will help to document your injuries and ensure that you receive the treatment you need.

How to file for a New Mexico Car Accident Settlement

New Mexico is a tort state, which means that if you are injured in a car accident, you can file a lawsuit against the person who caused the accident. To file a lawsuit, you must first file a claim with the other driver’s insurance company.

The claim process typically begins with you filing a form with the insurance company, in this case, the at-fault driver’s insurance company. The form will ask you for information about the accident, including the date, time, location, and other details. You will also need to provide the insurance company with your contact information and the contact information of any witnesses to the accident.

Once the insurance company has received your claim, they will investigate the accident. They will interview witnesses, review police reports, and obtain medical records. Once the investigation is complete, the insurance company will make a decision about whether to accept or deny your claim.

If the insurance company accepts your claim, they will typically pay for your medical expenses, lost wages, and pain and suffering. However, if the insurance company denies your claim, you may need to file a lawsuit.

If you decide to file a lawsuit, you must hire an attorney. The attorney will file a complaint with the court and represent you at trial. If you are successful at trial, the court will order the other driver to pay you damages.

The amount of damages you can recover will depend on the severity of your injuries and the fault of the other driver. In New Mexico, you can recover both economic and non-economic damages. Economic damages are things like your medical expenses, lost wages, and property damage. Non-economic damages are things like your pain and suffering, emotional distress, and loss of enjoyment of life.

Here are some tips for filing a car accident claim in New Mexico:

  • Be prompt. The sooner you file your claim, the sooner the process will begin.
  • Be thorough. Gather as much evidence as possible, including police reports, medical records, and photographs.
  • Be cooperative. Be honest with your insurance company and cooperate with their investigation.
  • Be patient. The claims process can take time, so be patient and don’t give up.

If you have been injured in a car accident in New Mexico, it is important to speak with an experienced car accident lawyer as soon as possible. A lawyer can help you understand your legal rights and options and can help you get the compensation you deserve.

Proving Accident Liability In New Mexico

To determine a settlement, liability and fault must first be determined. In New Mexico, proof of negligence is needed to prove that the other driver holds liability for the crash. This means the drivers actions caused you to suffer injuries and damages to your property. In order to prove negligence, the following must be considered:

  • A duty of care: Everyone who drives in the state of New Mexico has an obligation to protect everyone around them by driving safely.
  • A neglect of the duty of care: The at-fault driver acted in a way that goes against the duty of care, putting others in danger.
  • The neglect caused the car crash: This means that the choices or actions of the liable driver caused the accident.
  • The car crash inflicted damage or injuries: As the victim, you will have to prove that damages and injuries that you suffered were a direct result of the neglect of duty of care and the resulting accident.

What Happens If You Get In An Accident In New Mexico?

New Mexico auto accident laws state that you do not have to call the police for a minor accident with little damage. But you must report a car accident that caused death, property damage, or personal injury above $500.

If the police show up at the crash scene, they’ll take a report that fulfills your requirements for reporting the crash. But if the police don’t appear, you still should go to the closest police station and file the report. That way, you’re covered if you need proof of the accident for insurance or lawsuit purposes. If you need to get a copy of a police report for an accident in New Mexico, you can visit the Department of Public Safety and make a request online.

Also, you should always get the contact information of every driver at the accident scene if the police don’t appear. You want to be sure that you don’t get accused of a hit and run, so you should make sure that a police report gets filed in all circumstances.

What is the average car accident settlement in New Mexico?

The average car accident settlement for moderate injuries is around in New Mexico is around $40,000. However, the amount of compensation you can receive will vary depending on the severity of your injuries, the fault of the other driver, and other factors.

Here are some of the factors that can affect the amount of your car accident settlement:

  • The severity of your injuries: The more severe your injuries, the more compensation you will probably receive.
  • The fault of the other driver: If the other driver was at fault for the accident, you will be more likely to receive a higher settlement.
  • Your medical expenses: The amount of your medical expenses will be a major factor in determining the amount of your settlement.
  • Your lost wages: If you were unable to work due to your injuries, you may be able to recover lost wages as part of your settlement.
  • Your pain and suffering: You may be able to recover compensation for your pain and suffering, as well as any emotional distress you experienced as a result of the accident.

What Damages Can I Claim in a New Mexico Car Accident Settlement

The damages you can claim in a New Mexico car accident settlement depend on the specific facts of your case. However, there are some general damages that you may be able to claim, including:

  • Property damage: If your car is damaged in a car accident, you may be able to claim the cost of repairs or replacement. You may also be able to claim for the cost of a rental car if your car is not drivable.
  • Medical bills: If you are injured in a car accident, you may be able to claim the cost of your medical bills, including hospital bills, doctor’s bills, and prescription drugs.
  • Bodily injury: If you are injured in a car accident, you may be able to claim damages for your bodily injury. This includes the cost of your medical bills, lost wages, and pain and suffering.
  • Pain and suffering: Pain and suffering is a type of non-economic damage that you can claim in a car accident settlement. Pain and suffering is the emotional and physical pain that you experience as a result of your injuries.
  • Lost wages: If you are injured in a car accident and you are unable to work, you may be able to claim damages for your lost wages. Lost wages are the wages that you would have earned if you had not been injured.

Other damages: In addition to the damages listed above, you may also be able to claim other damages in a car accident settlement. These damages may include:

  • Emotional distress
  • Loss of consortium
  • Property damage to your belongings
  • Funeral expenses

New Mexico Driving/Car Accident Laws

  • New Mexico has a pure comparative negligence law. This means that if you are partially at fault for a car accident, you may still be able to recover damages, but your percentage of fault will reduce your damages. This works different from modified comparative negligence, In New Mexico, you can claim damages even when you are more than 50% responsible for the accident. The issue with this is that you are also liable for the other person’s damages.
  • New Mexico has a dram shop law. This law holds businesses liable for injuries caused by their customers who are served alcohol while intoxicated.
  • New Mexico has a distracted driving law. This law prohibits drivers from using handheld electronic devices while driving.
  • New Mexico has a seat belt law. This law requires all drivers and passengers to wear seat belts.
  • New Mexico has a child passenger safety law. This law requires all children under the age of eight to be secured in a child safety seat.
  • New Mexico has a motorcycle helmet law. This law requires all motorcycle riders to wear a helmet.

New Mexico Auto Insurance Laws And Regulations

Like all states, New Mexico has laws that say you need to have a minimum amount of car insurance. If you lack auto insurance in this state, you can face fines and even get jail time. The minimum insurance requirements in New Mexico are:

  • $25,000 per person per accident for bodily injury
  • $50,000 for bodily injury per accident
  • $10,000 property damage liability

You are not required to have uninsured and underinsured insurance, but it is a good idea to have this coverage if an underinsured or uninsured driver hits you. There are thousands of uninsured drivers in New Mexico, so you should have this coverage.

Also, note that many severe car accidents have injuries that cost more than $15,000. If you have to have surgery or require a hospital stay, you may need much more money. So, you should have more insurance coverage in case you are in a serious New Mexico car accident.

Is New Mexico A No-Fault State For Car Accidents?

No, New Mexico is not a no-fault state. Alternately, New Mexico is a fault state when it comes to car accidents. An “at-fault” state means you’re financially responsible for any accidents you may cause. So in the event that you cause a car crash, you or your insurance company is on the hook. You (or your insurance) are liable for covering the cost of injuries and damages to the other party.

New Mexico also has a pure comparative negligence standard. This means that fault can be divided among those involved in the car accident. Your settlement will reduce by the percentage of fault that you hold for the crash. So, if you are deemed 40% responsible for the accident, your $10,000 settlement becomes a $6,000 payout.

Even if you are more than 50% responsible for the car accident, you can still recover damages in the form of a settlement. However, the other party involved can also seek damages from you.

Because of how complex these rulings can become, it is wise to have a New Mexico car accident attorney by your side. There is always a risk that the other insurance company involved may try to place more or full blame on you. Protect your rights and your settlement payout with the help of a New Mexico personal injury lawyer.

What Is The Statute Of Limitations In New Mexico For A Car Accident?

A statute of limitations is a law that limits how much time you have to file a claim or lawsuit. If you are filing a claim in the state of New Mexico, there is not a limit. However, it is generally wise to file in a timely. Either right after an accident or once you confidently know how the crash affects your health and wellbeing.

As far as filing a lawsuit, you will have to do that within three years of your New Mexico car crash if you are seeking compensation for injuries. If your lawsuit is strictly to cover property damage, you have four years to file.

This is not much time to take legal action. Therefore, it’s vital that you talk to an attorney as soon as you can after the accident. Especially if you don’t get a good settlement offer from the insurance company.

You also have four years to file a wrongful death lawsuit in New Mexico, and the clock on that starts from the date your loved one died. One source of compensation in this lawsuit is damages for your loved one’s pain and suffering before they died. You can also sue for your mental anguish, lost future earnings, and loss of companionship, as well as medical and funeral expenses.

Usually, you are eligible for these types of damages in a personal injury lawsuit in this state. :

  • Medical bills
  • Lost earnings
  • Out of pocket costs
  • Pain and suffering
  • Property damage

New Mexico Dram Shop Law

New Mexico has a Dram Shop Law. This means you can file a lawsuit against a social host, bar or restaurant. That person or business may have provided alcohol to someone whose intoxication level was ‘reasonably apparent’. If that intoxicated driver got in an auto accident, the Dram Shop Law applies.

It’s a good idea to check if the person who hit you was drunk and if a business served them alcohol. If so, you may be able to get more compensation because businesses must carry higher liability insurance.

New Mexico Car Accident Statistics:

  • In 2021, there were 470 traffic fatalities in New Mexico. This significantly increased from the 425 traffic fatalities the state experienced in 2019.
  • The leading cause of death in New Mexico car accident fatalities is speeding. In 2021, 176 traffic fatalities in New Mexico were attributed to speeding.
  • Drunk driving is also a major problem in New Mexico. In 2021, 110 traffic fatalities in New Mexico were attributed to drunk driving.
  • Distracted driving is another major problem in New Mexico. In 2021, 6,602 crashes in New Mexico were attributed to distracted driving.
  • Teen drivers are at a higher risk of being involved in a car accident than older drivers. In 2021, drivers under the age of 20 were involved in 10% of all traffic fatalities in New Mexico.
  • Rural areas of New Mexico have a higher rate of car accidents than urban areas. In 2021, 70% of all traffic fatalities in New Mexico occurred in rural areas.

These are just some of the New Mexico car accident statistics. It is important to be aware of these statistics so that you can take steps to protect yourself from being involved in a car accident.

Here are some tips for staying safe on the road:

  • Obey the speed limit.
  • Don’t drink and drive.
  • Don’t use your phone while driving.
  • Wear your seat belt.
  • Make sure your car is in good working order.
  • Be aware of your surroundings.
  • Drive defensively.

Should I Hire a Personal Injury Lawyer for My Case?

New Mexico Car Accident Settlements

It’s hard to say how much you can receive in a New Mexico auto accident settlement. Every case is a bit different. But if you hire a good New Mexico auto accident attorney, he or she may be able to look at similar cases to get an idea what it is worth.

Across the US, car crash settlements average about $15,000 when there is personal injury, and about $3,000 when there is only property damage.

You can use our car accident settlement calculator at Lawsuit Info Center to determine what your settlement could be. Always ask you attorney for more information as he or she may be able to look at past case records to estimate your potential settlement.

Get Legal Help With A New Mexico Car Accident Settlement

If you are in a car crash, it is highly upsetting and stressful. But you will be more prepared with all the information on this page about the car accident laws in New Mexico.

Keep in mind if you’re in an auto accident in New Mexico that you need to be aware of the ‘leaving the scene of an accident NM statute’ because there are serious penalties. So, you should always wait for the police to come to the crash scene. If they do not appear, go to the nearest police station and report the accident. That way, your bases are covered and you won’t be accused of a hit and run.

If you’ve been injured in a car accident in New Mexico, you may wonder if you should hire a personal injury lawyer. After all, you’ve got a lot on your plate already, and you may not think you can afford to hire an attorney. But the truth is, hiring a personal injury lawyer can be one of the best decisions you make after a car accident.

A personal injury lawyer can help you understand your rights and options, and they can fight to get you the compensation you deserve. They can also handle all of the legal paperwork and negotiations so that you can focus on your recovery.

Of course, not all personal injury lawyers are created equal. It’s important to find an attorney who is experienced in handling car accident settlements and who has a proven track record of success. You should also make sure that you feel comfortable with your attorney and that you can trust them to fight for your best interests.


Car Accident Settlement

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