Here’s what to do after a New Mexico car accident to protect your health and your right to injury compensation.
On an average day in New Mexico, someone is injured every 34 minutes in a motor vehicle accident.¹
If you or a loved one were injured in a New Mexico car accident, you could be eligible for compensation. We walk you through what to do after a crash, how to establish fault, and how to get the settlement you deserve for your injuries.
What to Do After a New Mexico Car Accident
Here are five steps you can take after a motor vehicle accident to protect yourself and your right to compensation.
1. Stay At the Scene and Exchange Information
New Mexico car accident law requires drivers involved in a crash to immediately stop and remain at the scene. Stop as near to the crash site as you safely can.
Drivers must give their name, address, and the registration number of the vehicle they are driving to the other driver, any vehicle occupants, and any police officer on the scene. The driver must also exhibit their driver’s license when asked.
2. Call 911 and Help the Injured
Drivers at the scene of an accident must notify local police and try to help anyone who might be injured, including helping the injured get to a hospital. Calling 911 to report the accident and ask for an ambulance satisfies this obligation.
If you are able, try to help the injured until emergency responders arrive.
3. Seek Prompt Medical Treatment
Never refuse medical attention at the scene. The violent impact from a crash can send a surge of adrenaline through the body that masks potentially serious injuries.
Let paramedics evaluate you for injuries. Be honest about your symptoms, including feeling light-headed, dizzy, or sick to your stomach. If the medics want to transport you to the hospital, go with them. Not only is your health at risk, but refusing or delaying treatment after a crash gives the at-fault driver’s insurance company an excuse to minimize or deny your claim.
If you aren’t taken directly to the hospital after an accident, see your own doctor or go to an urgent care center or hospital emergency department as soon as possible. It’s best to get a medical evaluation on the same day as the accident. Don’t wait for a few days to see how your feel.
4. Gather Evidence From the Scene
In a “tort” state like New Mexico, you must prove the other driver caused the accident before their insurance company will pay your claim. The police crash report is important evidence of fault when the other driver is cited for traffic violations.
Other types of evidence include:
- Photographs and video of the accident scene and your injuries
- Contact information for anyone who witnessed the accident
- Your personal notes about what happened before, during, and after the crash
5. Notify Both Insurance Companies
New Mexico is a traditional fault or “tort” state, so you don’t have to rely on your own insurance company for injury claims like in a no-fault state. However, you do have a contractual obligation to notify your insurance company after an accident, even when it’s not your fault.
Every auto policy has a section of language requiring the insured (you) to notify the insurance company of any accidents and cooperate with the company’s investigation into the crash.
In turn, your insurance company has an obligation to defend you against claims or lawsuits filed by anyone else involved in the accident. You could lose that protection by failing to notify your insurer and not cooperating with their investigation into the accident.
Notify the at-fault party’s insurance company of your intent to file an injury claim. Unless the claim is denied from the start, you can expect to get an acknowledgment letter with a claim number.
You might even get a call or letter from an adjuster offering a quick settlement. It’s okay to tell the adjuster you won’t be ready to discuss a settlement until you have fully recovered from your injuries.
New Mexico Fault and Liability Rules
New Mexico is an “at-fault” liability state, so you can seek compensation for car accident damages from the at-fault driver and their insurance company.
You can use your own insurance if you have applicable coverage, but you are not required to file a claim on your own policy after a car accident. For example, some people prefer to use their own collision coverage for vehicle repairs. Then their insurance company seeks reimbursement from the at-fault driver’s insurance company.
New Mexico Shared Fault Rules
New Mexico follows a pure comparative fault rule. You can pursue a claim against the other driver even when you are 99 percent to blame, but your compensation will be reduced by your percentage of blame for the accident.
Example of Pure Comparative Fault in New Mexico
On a sunny weekday morning, Brett was driving on Silver Avenue approaching 8th Street in Albuquerque. Amanda was traveling behind him, heading to the market for some shopping.
Brett suddenly realized the traffic signal ahead was already yellow and he wouldn’t make it through the intersection before the light changed, so he slammed on the brakes. Brett knew his brake lights weren’t working, but he didn’t think it was a big deal in daylight.
Amanda was listening to the radio and thinking about her shopping list. She didn’t immediately notice the car in front of her had suddenly stopped. She hit the brakes, but couldn’t avoid slamming into the back of Brett’s vehicle.
Both drivers were ticketed by police. Brett was ticketed for not having working tail lights. Amanda was cited for following too closely.
Brett suffered a pinched nerve in his neck that kept him out of work for two months. He filed a $10,000 injury claim with Amanda’s insurance company for his medical expenses, lost wages, and pain and suffering.
Amanda’s insurance company refused to pay the full value of Brett’s claim, because his brake lights weren’t working on the day of the accident. The adjuster argued that Amanda might have been able to stop in time if she’s been alerted by properly working tail lights.
Brett knew it would be hard for him to fully win in court since he was also cited for the accident. After a few rounds of negotiations, Brett accepted 40 percent of the liability for the crash. His claim settled for $6,000.
New Mexico Car Accident Compensation
Insurance companies in New Mexico payout nearly $1 Billion in auto accident claims each year.
You can estimate the settlement value of mild to moderate injury claims by adding up your economic damages, like medical bills and lost wages, then adding one to three times that amount to account for your inconvenience, pain and emotional distress. A multiple of one is appropriate for minor soft-tissue injuries. A higher multiple is reasonable for more significant injuries, like broken bones, concussions, or herniated discs.
Severe injuries and wrongful death cases should only be handled by an experienced attorney to ensure the best outcome for victims and their families.
Average Car Accident Settlements in New Mexico
The average injury settlement for a moderate car accident claim in New Mexico is $49,480, with average payouts ranging from $6,772 to $403,000. Settlements and court awards can range from $1,258 for minor injuries to $750,000 for severe injuries.
Injury settlements can vary widely, depending on the circumstances of the accident, the scope of the victim’s injuries, and the limits of the at-fault driver’s insurance policy.
For example, look at these two rear-end accident cases with low and high payouts:
- In Bernalillo County, Werner v. Bridgestone, 1:06CV142, a jury awarded $1,258 to the victim for soft-tissue neck injuries. The at-fault driver was found fully liable despite arguing the victim stopped suddenly.
- Also in Bernalillo County, Littleton v. Parson, D-1215-CV-200400235, a jury awarded $550,000 for herniated cervical discs that required surgery. The at-fault driver argued that the plaintiff’s injuries were not caused by the rear-end collision.
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Factors that impact car accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Multiple-vehicle collisions
- Multiple injured victims
- Fatalities
- Available insurance coverage
When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages. Insurance coverage may be available from the at-fault driver, and from your own policy, depending on the circumstances of the crash and the optional coverages on your policy.
New Mexico State Minimum Insurance Requirements
New Mexico drivers are legally obligated to carry an auto insurance policy with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $10,000 for property damage.
Optional Insurance Coverage in New Mexico
Insurance companies selling auto policies in New Mexico are required to offer uninsured (UM) and underinsured (UIM) motorist coverage equal to the policy liability limits. The policyholder has the right to decline the optional coverage.
When you have UM and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by a hit-and-run, a driver with no insurance, or a driver with limits that won’t cover all your damages.
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