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Auto Accident Attorney in New Mexico

Auto Accident Attorney in New Mexico 

New Mexico  is a “comparative fault” state. In New Mexico , every auto driver is financially liable for any accident in which they are deemed to be more than 50% at fault. Drivers are required under New Mexico  State Law to purchase Auto Accident Insurance Liability Insurance to offset this risk.

New Mexico  has the highest rate of road death fatalities in the United States. With Auto Insurance premiums at an all-time high and no end to the road chaos, there is plenty of work for the estimated 1,265 Auto Accident Attorneys in New Mexico .

Minimum New Mexico  Car Insurance Cover

New Mexico  auto drivers are required by State Law to hold the following auto insurance cover as a minimum: Bodily Injury Liability: $30,000 per person and $60,000 per accident. Property Damage Liability: $25,000. Personal Injury Protection (PIP): $2,500.

These are the minimum amounts required under New Mexico  State Law and most auto insurance policy holders opt to increase their level of Auto Accident Insurance cover with the following optional New Mexico  insurance extras

  • Liability Coverage
  • Collision and Comprehensive Coverage
  • Medical Payments and Personal Injury Protection (PIP) Coverage
  • Uninsured/Under-insured Motorist Coverage
  • Mexico Coverage
  • Rental Reimbursement and Towing Coverage
  • Negligence Law

Who Pays in a Car Accident in New Mexico 

New Mexico  is a “comparative fault” State. This means you are financially liable for any accident in which you are deemed to have caused by being more than 50% at fault. If the other party is deemed to be more than 50% at fault it is their insurance policy that must pay compensation.

Depending on your level of cover you can be sued personally if an award is made against you that’s above your auto insurance policy limits

Who does an Auto Accident Attorney in New Mexico  Sue?

New Mexico  is a highly litigious state with the worst accident injury rates in the whole of the United States. An auto accident attorney can be hired to sue:

  • another party if you believe they have caused you injury
  • your own insurance company to maximize a direct compensation payout
  • an auto accident attorney in New Mexico  can also defend you against criminal charges

How many Auto Accidents in New Mexico 

Over 3,700 people are killed in auto accidents in New Mexico  each year, with an average year on year increase of 7.3% in motor vehicle traffic fatalities, according to the New Mexico  State Government

The fatality rate on New Mexico  roadways for 2018 was 1.44 deaths per hundred million vehicle miles traveled. Representing a 2.12% decrease from 2017.

254,415 persons were injured in motor vehicle accidents in New Mexico  last year. Pedestrian fatalities totaled 699 in 2018. This is a 8.11% year on year decrease.

Road Deaths in New Mexico  2019

  • 1 person is killed every 2 hours and 28 minutes
  • 1 person is injured every 2 hours and 11 minutes
  • 1 auto accident occurs every 42 seconds in New Mexico 
  • 568 motorcyclists killed in 2017. 52% were not wearing helmets
  • New Mexico  saw 565 people killed in head-on collisions in 2018.
  • There were no deathless days in New Mexico  roads last year.
  • July was the deadliest month with 388 persons killed in Auto Accidents in New Mexico 

What do you do after a car accident in New Mexico ?

Experiencing an auto accident is a stressful time. Thoughts become irrational as the adrenaline kicks in, helping accident victims deal with these hugely stressful incidents. These are the 8 things to do immediately following an auto accident in New Mexico .

  1. Check for injuries and stay calm
  2. Dial 911 for the emergency services
  3. Do not leave the scene of the accident
  4. Follow police instructions but do not admit guilt or answer questions
  5. Gather information, shoot video and take photos
  6. Call your insurance company
  7. Follow medical instruction
  8. Contact an auto accident attorney in New Mexico 

Is New Mexico  a Litigious State for Auto Accidents

Court Cases involving an Auto Accident Attorney in New Mexico  made up the largest share of the New Mexico  Court system costs, according to the State Government.

There are over 1,200 Auto Accident Attorneys in New Mexico  with specializations including

  • Small vehicle accident attorney
  • Truck Accident Attorney in New Mexico 
  • New Mexico  Auto Accident Attorney Generalist
  • New Mexico  Insurance Auto Accident Attorney
  • Personal Injury Attorney in New Mexico 
  • Commercial Vehicle Auto Accident Attorney in New Mexico 
  • Uber Auto Attorney in New Mexico 
  • Lyft Auto Accident Attorney in New Mexico 

New Mexico  Statute of Limitations in Auto Accidents

The statute of limitations for a car accident in New Mexico  is two years from the date of the car accident (Sec. 16.003). The New Mexico  two-year statute of limitations applies to all claims made by drivers, passengers, pedestrians, truck drivers and motorcyclists. The clock starts ticking on the day of the accident and not the day you consult an auto accident attorney in New Mexico .

How long does an insurance company have to settle a claim in New Mexico ?

  1. Your insurance company must acknowledge your claim within 15 working days
  2. Within this 15 day they should request any further information from you
  3. Insurance companies in New Mexico  may extend this 15 days by a further 45 days and inform you of their reason
  4. Generally, if an insurance company extends the 15-day time frame clients will consult an auto accident attorney in New Mexico .
  5. There is no time frame for your insurance company to settle the claim. On average it takes between 3 and six months.
  6. Once approved, your claim must be paid within 5 days
  7. If the claim involves a weather event or natural disaster a New Mexico  insurance company may take 45 additional days to approve or deny your claim and 15 additional days to pay your claim.
  8. An auto accident Attorney in New Mexico  may help speed up your compensation payout, or may delay proceedings to maximize your payout.

How much car insurance do I need in New Mexico ?

  • Bodily Injury Liability: $30,000 per person
  • $60,000 per accident
  • Property Damage Liability: $25,000
  • Personal Injury Protection (PIP): $2,500.

These are not high minimums. In a more severe auto wreck accident, the New Mexico  Statutory minimum insurance levels may prove to be inadequate.

If you are judged to be more than 50% at fault in a New Mexico  car accident the other side may hire an attorney to personally sue you for any difference between their financial compensation award and the insurance policy limits.

Is New Mexico  a no-fault state

New Mexico  is not a no-fault state. Some states in the USA require a no-fault insurance policy, often known in New Mexico  as PIP.  Every driver in New Mexico  is required to hold auto insurance to cover expenses for the other driver in the event of an accident.

Insurance Payout Limits in New Mexico  for Personal Injury

New Mexico  uses 50 percent modified comparative negligence laws, so the court decides how much each party in an accident is at fault. You can claim damages from the other party if your level of fault does not exceed theirs.

However, your damages will be also be reduced according to your apportioned level of fault.

New Mexico  Auto Attorney Insurance Claims Rights

According to the New Mexico  Bill of Consumer Rights (Order No. 12-0862), you have the right to be treated fairly, honesty and with respect when you make a claim. If you believe you are being treated unfairly by your insurance company, make a complaint to the TDI in New Mexico  and consult an auto accident attorney in New Mexico  with immediate effect.

Over 72% of Auto Accident Attorneys in New Mexico  are hired to fight an individual’s own insurance company for a better deal.

New Mexico  State Auto Accident Demographics

New Mexico (Spanish: Nuevo México Spanish pronunciation: [ˈnweβo ˈmexiko] (listen), Navajo: Yootó Hahoodzo pronounced [jòːtxó xɑ̀xʷòːtsò]) is a state in the Southwestern region of the United States of America; its capital and cultural center is Santa Fe, which was founded in 1610 as capital of Nuevo México (itself established as a province of New Spain in 1598), while its largest city is Albuquerque with its accompanying metropolitan area. It is one of the Mountain States and shares the Four Corners region with Utah, Colorado, and Arizona; its other neighboring states are Oklahoma to the northeast, Texas to the east-southeast, and the Mexican states of Chihuahua to the south and Sonora to the southwest. With a population around two million, New Mexico is the 36th state by population. With a total area of 121,592 sq mi (314,920 km2), it is the fifth-largest and sixth-least densely populated of the 50 states. Due to their geographic locations, northern and eastern New Mexico exhibit a colder, alpine climate, while western and southern New Mexico exhibit a warmer, arid climate.

The economy of New Mexico is dependent on oil drilling, mineral extraction, dryland farming, cattle ranching, lumber milling, and retail trade. As of 2018, its total gross domestic product (GDP) was $101 billion with a GDP per capita of $45,465. New Mexico’s status as a tax haven yields low to moderate personal income taxes on residents and military personnel, and gives tax credits and exemptions to favorable industries. Because of this, its film industry has grown and contributed $1.23 billion to its overall economy. Due to its large area and economic climate, New Mexico has a large U.S. military presence marked notably with the White Sands Missile Range. Various U.S. national security agencies base their research and testing arms in New Mexico such as the Sandia and Los Alamos National Laboratories. During the 1940s, Project Y of the Manhattan Project developed and built the country’s first atomic bomb and nuclear test, Trinity.

Inhabited by Native Americans for many thousands of years before European exploration, it was colonized by the Spanish in 1598 as part of the Imperial Spanish viceroyalty of New Spain. In 1563, it was named Nuevo México after the Aztec Valley of Mexico by Spanish settlers, more than 250 years before the establishment and naming of the present-day country of Mexico; thus, the present-day state of New Mexico was not named after the country today known as Mexico. After Mexican independence in 1824, New Mexico became a Mexican territory with considerable autonomy. This autonomy was threatened, however, by the centralizing tendencies of the Mexican government from the 1830s onward, with rising tensions eventually leading to the Revolt of 1837. At the same time, the region became more economically dependent on the United States. At the conclusion of the Mexican–American War in 1848, the United States annexed New Mexico as the U.S. New Mexico Territory. It was admitted to the Union as the 47th state on January 6, 1912.

Its history has given New Mexico the highest percentage of Hispanic and Latino Americans, and the second-highest percentage of Native Americans as a population proportion (after Alaska). New Mexico is home to part of the Navajo Nation, 19 federally recognized Pueblo communities of Puebloan peoples, and three different federally recognized Apache tribes. In prehistoric times, the area was home to Ancestral Puebloans, Mogollon, and the modern extant Comanche and Utes inhabited the state. The largest Hispanic and Latino groups represented include the Hispanos of New Mexico, Chicanos, and Mexican Americans. The flag of New Mexico features the state’s Spanish origins with the same scarlet and gold coloration as Spain’s Cross of Burgundy, along with the ancient sun symbol of the Zia, a Puebloan tribe. These indigenous, Hispanic, Mexican, Latin, and American frontier roots are reflected in the eponymous New Mexican cuisine and the New Mexico music genre..mw-parser-output .toclimit-2 .toclevel-1 ul,.mw-parser-output .toclimit-3 .toclevel-2 ul,.mw-parser-output .toclimit-4 .toclevel-3 ul,.mw-parser-output .toclimit-5 .toclevel-4 ul,.mw-parser-output .toclimit-6 .toclevel-5 ul,.mw-parser-output .toclimit-7 .toclevel-6 ul{display:none}

Can someone sue you for a car accident if you have insurance in New Mexico ?

If your insurance policy does not cover the amount awarded to the other party you may find yourself in a lawsuit regardless of whether you held car insurance. For this reason many auto accident attorneys advocate the purchase of premium cover and under-insurance ‘gap’ policies.

Do I call my insurance if it’s not my fault?

You must report any damage to your vehicle or personal injuries to yourself or others to your insurance provider immediately. Your insurance company will help file a claim against the other party and start the process of compensation.

Also contact an auto accident attorney in New Mexico  for a Free Consultation and Claim Evaluation

How long do you have to file an accident report in New Mexico ?

You must file an accident report with the New Mexico  Department of Transport within 10 days of the auto accident. The report should be on form CR-2 available here and can be filed by you, your insurance company or your auto accident attorney in New Mexico 

Do I need an Auto Accident Attorney in New Mexico ?

An Auto Accident Attorney is not required for every case. For example, cases with minor injuries, soft tissue damage or ‘fender benders’ may not require a specialist auto accident attorney in New Mexico .  In more severe personal injury cases you need an expert specialist attorney to protect your interests, regardless of whether you have one appointed for you by your insurance company.

Average Auto Accident Payout in New Mexico 

The average car accident compensation settlement in New Mexico  is $22,887 in 2018, according to the New Mexico  bureau of Statistics. The average auto accident payout by using an auto accident attorney in New Mexico  was $44,887.

Hit by a Drunk Driver in New Mexico 

In the United States 32 people die every day from vehicle accidents that involve a drunk driver. A drunk driver could face criminal charges from the state of New Mexico  and civil charges from the injured parties.

Convictions for criminal charges can result in fines, jail, rehab and community service. A civil Court case could force the drunk driver to financially compensate victims.

If you’ve been hit by a drunk driver in the State of New Mexico  check out our list of Auto Accident Attorneys in your area who are experts at DUI auto accidents.

New Mexico  is a pure negligence state and you are free to lodge a lawsuit against a drunk driver who caused you or a loved one personal injury.

Filing a civil lawsuit in New Mexico  against a drunk driver will require that you prove them responsible for your injuries. An experienced auto accident attorney in New Mexico  will need to demonstrate beyond reasonable doubt that:

  1. The other driver owed you a duty of safe travel as you shared the road.
  2. The driver breached his or her duty by an act of negligence (e.g. drunk driving).
  3. The driver’s negligent act caused injury to you in the form of a car accident
  4. The injuries caused you to suffer specific, quantifiable damages.

Take our online Compensation Checker to find out from an auto accident attorney in New Mexico  how much compensation you could expect if you’ve been injured by a drunk driver.

Car Accident Lawyer in New Mexico

What Damages can I claim for after a New Mexico  Car Accident?

  • Medical Costs
  • Lost Wages
  • Pain & Suffering
  • Diminished Earning Capacity
  • Non-economic Damages

How do I calculate Pain and Suffering in New Mexico 

New Mexico  uses a multiplier to work out the amount of compensation to be paid as a result of pain and suffering. For example, if your case is worth $40,000 in specific damages, but your pain and suffering has a multiplier of five for temporary brain damage, the total amount payable will be $200,000 in non-economic damages.

Will an Auto Accident Attorney in New Mexico  increase my Pain and Suffering Payout

An experienced auto accident attorney in New Mexico  will be instrumental in pushing up both specific damages and the pain & suffering multiplier. As can be seen in the example, both elements are key to securing the financial compensation package you deserve.

Average Whiplash Settlement in New Mexico 

New Mexico  does not have whiplash settlement guidelines though mild to moderate whiplash claims can result in a compensation payout from $2,500 to $10,000 worth of compensation. For severe whiplash claims in New Mexico , expect this figure to rise over the $22,000 level.

Can I Sue Uber or Lyft in New Mexico 

If you’ve sustained injuries in an Uber, Lyft or other ride-sharing accident you may be entitled to financial compensation from the “at-fault” driver and their insurance company.

If your accident involved an Uber, Lyft or ride share driver who was “on-the-clock” when the accident occurred, you likely won’t make a claim on the driver’s own insurance policy. Instead, the insurance policies of the ride share companies should cover your personal injuries and damages.

Take the following steps if you’ve been involved in an accident with an Uber, Lyft or Ride share Driver either as a passenger or other road user.

  1. Report your Accident Immediately to Police and Uber. File an insurance claim directly with Uber.
  2. Seek Medical Attention. Some injuries can take days or weeks to become fully apparent and a proper diagnosis will help to strengthen your compensation case.
  3. Speak to an auto accident Attorney in New Mexico  for a free consultation

Where do most Auto Accidents happen in New Mexico 

According to the New Mexico  Department of Transport most recorded car incidents requiring the use of an auto accident attorney in New Mexico  happen in the following places:

(List of all areas in New Mexico  with more than 40,000 people)

Get an Auto Accident Lawyer in New Mexico  because the State Legal System is Complex

The New Mexico  legal system is complex and navigating New Mexico  personal injury law is not something which can be mastered while focusing on your own rest, recovery and rehabilitation. Using an auto accident Attorney in New Mexico  should help reduce stress and maximize your financial compensation payout.