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How to Recover Car Accident Compensation in New Mexico

How to Recover Car Accident Compensation in New Mexico

Shapiro Law Team May 8, 2023 Car Accidents,Personal injury

Getting in a car accident is stressful, especially if it causes personal injuries or property damage. Shapiro Law Team is here to help carry the burden of determining fault in your car accident and pursuing financial compensation.

Before contacting Albuquerque’s leading car accident attorney for assistance, take some time to learn about car accidents and their complexities to set proper expectations for the steps ahead.

Leading Causes of Car Accidents in New Mexico

Most car accidents in New Mexico—along with the remainder of the U.S.—are caused by human error. Below is a list of the most common causes of New Mexico car accidents:

  • Distracted driving
  • Recklessness
  • Driving under the influence
  • Following too closely
  • Ignoring road signs and traffic lights
  • Driving too far over or under the speed limit
  • Inclement weather
  • Poor road conditions

Types of Damages in a Car Accident Claim

Injured parties can seek financial compensation for two types of damages.

Economic Damages

Economic damages include the following financial losses:

  • Medical bills, which include:
    • Hospitalizations
    • Doctor visits
    • Medications
    • Rehabilitation
    • Surgeries
    • Prosthetic devices
    • Mobility equipment
    • Home or vehicle accommodations
    • At-home care
  • Car repairs
  • Car replacement
  • Diminished car value
  • Lost wages

Keep a record of documentation for the above financial losses. The liable party’s insurance provider—along with your own—will need these documents to prove fault and award compensatory damages.

Non-Economic Damages

Non-economic damages include the following mental and emotional losses:

  • Death
  • Chronic pain
  • Mental anguish, like anxiety, depression, and post-traumatic stress disorder (PTSD)
  • Permanent disability
  • Disfigurement
  • Scarring
  • Diminished quality of life
  • Emotional distress

Albuquerque car accident lawyer


What to Do When You’re Involved in a Car Crash in New Mexico

Knowing in advance what to do when you get in a car accident makes the situation less stressful and increases your chances of receiving maximum financial compensation for damages suffered. Follow this five-step checklist the next time you’re involved in a car crash in New Mexico.

  1. Seek Necessary Emergency Assistance
    Check for injuries to yourself and others, and call 911 if anyone needs immediate medical attention.
  2. Exchange Information
    Exchange names, phone numbers, addresses, vehicle information, and insurance information with all drivers involved in the accident. Insurance adjusters and personal injury attorneys will need this documentation to determine fault and pursue financial compensation.
  3. Seek Medical Care
    Even if you aren’t aware of any bodily injuries, seek a routine medical evaluation on the same day of the accident to rule out any external or internal injuries you may have missed.
  4. Gather Witness Statements
    Ask any bystanders for statements regarding the accident. Ask them to be as detailed as possible in their descriptions. Write down their names and contact information in case your insurance adjuster or attorney needs additional information later on to prove fault.
  5. Notify Your Insurance Provider
    Let your insurance company know about the accident. An adjuster will contact you shortly after to discuss the accident in further detail.

New Mexico Car Accident Compensation Laws

As a fault-based car insurance state, New Mexico requires the negligent driver in a multi-car crash to pay for damages. Since New Mexico has a pure comparative negligence law in place, multiple parties can share a percentage of liability for the accident. This principle of fault states that “if the jury finds the plaintiff at fault, they’re not barred from recovery. Instead, the plaintiff’s damages will be reduced by the proportionate degree of their fault.”

If both parties are at fault for a car accident, the injured party in a New Mexico car accident can still receive compensation. It’s simply reduced relative to how much they’re at fault for causing the crash.

Does Insurance Cover the Cost of Damages?

New Mexico motorists are required to either have liability car insurance or deposit $60,000 with the state treasurer to drive legally. If you sustain damages or injuries in a car accident caused by someone else, that person’s insurance company will cover the cost up to their designated policy limit. Minimum liability insurance also ensures you’re covered if you cause a car accident.

The minimum mandatory standards for car insurance in New Mexico are as follows:

  • $25,000 for bodily injury (BI) or death per person
  • $50,000 for v bodily injury or death of two or more persons in one accident
  • $10,000 for property damage (PD) in any one accident

Beyond the minimum mandatory standards, New Mexico motorists can pay for the following optional car insurance policies to have additional coverage in the case of an accident:

  • Comprehensive
  • Collision
  • Gap coverage
  • Medical payments
  • Rental car reimbursement
  • Roadside assistance
  • Uninsured or underinsured motorist

How to Recover Car Accident Compensation in New Mexico

The first step you should take is to file a claim with your insurance provider for financial compensation, also called compensatory damages. You can file a claim for personal injury, property damage, or both—depending on the type and extent of the damages you sustained. The injured party can recover compensation for car repairs, medical bills, income losses, and more from the liable party or their insurance provider.

Contact New Mexico’s #1 Personal Injury Lawyer

If you need an experienced car crash lawyer in New Mexico, look no further than Shapiro Law Team. Our team is committed to providing the Superior Representation you need to achieve the justice you deserve. Schedule a free consultation today to get started.

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