EspañolAfter years of representing people injured in car and truck accidents across New Mexico, I can tell you that most mistakes aren’t made because someone is careless or trying to game the system. They’re made because people are trying to be reasonable in an unreasonable situation.
A serious wreck disrupts everything. You’re dealing with pain, uncertainty, vehicle damage, missed work, and a steady stream of decisions you never asked to make. And while you’re trying to recover, the insurance process often starts moving quickly.
The mistakes I see most often tend to happen in the days and weeks after a crash, when people are overwhelmed and trying to handle injuries, insurance issues, and property damage claims in New Mexico auto accidents while just wanting life to feel normal again.
I've put together a list of the eight most common mistakes and my recommendation on how to avoid them based off years of helping accident victims.
Mistake #1: Taking a Quick Settlement Because It Feels Like Relief
One of the most common stories I hear starts the same way:
“The insurance company called me right away and offered me some money. I figured it was better than dealing with all of this.”
That reaction makes sense. You may be sore, stressed, and worried about bills. When someone offers a check and tells you it will make the problem go away, it feels like relief. I had a client do this recently before she hired me, and I understood why she did it. Insurance companies can be very persuasive.
But quick settlements are almost always made before the full picture is clear. At that early stage, you don’t yet know how your injuries will progress, how long treatment may last, or how the accident will affect your ability to work or function day to day.
I’ve had clients who felt mostly fine at first, accepted a settlement, and then weeks later realized their pain wasn’t improving. By that point, the release had already been signed, and the case was over.
I have helped a few people get out of quick settlements, but I’m always honest about this: it is very difficult, and often impossible.
What to do instead:
Slow the process down. You are never required to settle immediately. Give yourself time to understand your injuries and your options before agreeing to something that permanently ends your claim.
Lawyers.com has a helpful article about not taking quick settlements and even offers tips for how to handle your claim.
Mistake #2: Minimizing Injuries Because You Don’t Want to Overreact
Another mistake I see often comes from good intentions.
At the scene of a wreck, many people say they’re “okay” because they want to be okay. Adrenaline is high. No one wants to make a scene. New Mexicans tend to be tough and self-reliant.
The problem is that early statements matter, sometimes more than people realize.
Neck, back, and soft-tissue injuries frequently show up days later. But once you’ve said you were fine, insurance companies may use that statement to question the seriousness of your injuries later on.
What to do instead:
Be honest and cautious. You don’t need to exaggerate, but you also don’t need to downplay what you’re feeling. If something hurts or feels off, say so. If you’re unsure, it’s okay to say that too.
Mistake #3: Talking Too Freely With the Insurance Company
Insurance adjusters are trained professionals. Many are polite, calm, and sound genuinely helpful. That’s not accidental. As I said, they are good at what they do.
People often assume recorded statements are routine and harmless. In reality, adjusters are trained to listen closely for details that can later be used to argue fault or minimize injuries.
I’ve seen cases where a single offhand comment created months of unnecessary dispute. I have written more about how to talk to an insurance adjuster.
What to do instead:
Before giving a recorded statement, understand why it’s being requested and how it could be used. You are allowed to ask questions. You are allowed to pause. Getting advice first is often a wise move. If you do give a recorded statement, only answer the questions asked. Adjusters are often on a fishing expedition looking for information. You limit your risk if you are careful with your words.
Mistake #4: Waiting Too Long to Get Medical Care
Many people delay treatment because they hope the pain will resolve or worry about medical bills.
Delays often work against you. Insurance companies routinely point to gaps in treatment as evidence that injuries weren’t serious or weren’t caused by the accident.
Additionally, timely treatment is important for your health. Even if you think you are ok, it is better to rule out issues sooner rather than later.
What to do instead:
Get checked out sooner rather than later. It protects your health and creates a clear medical record linking your injuries to the crash. And for treatment, use your personal health insurance. I know that sounds unfair, but it is important that you not incur outstanding bills, and your insurer will be reimbursed if you successfully bring a claim against the at-fault party. If you want to learn more, I have written an article explaining why you should use your personal health insurance after a car accident.
Mistake #5: Assuming the Insurance Company Will “Do the Right Thing”
This may be the most understandable mistake of all.
Most people assume insurance exists to help when something goes wrong, even though new mexico car accident attorneys often see how quickly those assumptions are tested after a serious crash. And while adjusters may be courteous, they are still working within a system designed to minimize payouts.
What to do instead:
Approach the process informed, not angry. Understand that the insurance company has its own goals, and you need to protect yours. Be mindful of how they use information against you. But do not assume they will act in your best interest. As these other mistakes point out, insurance companies are not seeking to compensate you fairly. They are seeking to minimize what they pay you. My best advice to combat this… hire a GOOD attorney… not just any attorney, which leads me to my next common mistake.
Mistake #6: Choosing the Wrong Attorney (or Letting Someone Choose for You)
I’ve had clients come to me after being cold-called—unsolicited—by personal injury law firms shortly after a wreck. In that moment of stress, it’s easy to assume the caller knows best. This literally happened to me yesterday in my personal injury law practice.
A woman was hit by a driver who ran a stop sign. The next day she received an unsolicited call from an out-of-state attorney offering to represent her. She had no idea how they got her information, much less her cell phone number, because the accident report wasn’t even completed yet. They convinced her to sign with them. For someone that has never been through this process, that might seem appealing.
But how a firm got your information, and how quickly they contacted you, matters.
In this example of the woman who contacted me, she soon learned, that office didn’t communicate well with her, she didn’t know a lot of important information about them, and they didn’t provide her important information and advice that she needed. She asked if I would be willing to help her. It’s important to avoid making this same mistake.
What to do instead:
Be intentional. Ask how the firm got your information. Ask who will handle your case. Ask how often you’ll receive updates. Don’t let urgency pressure you into a decision. Take a moment to research this firm contacting you. Often times, they act like an insurance company and get you to sign quickly, but that’s where their service ends. So, while it is important to get legal assistance, finding the right legal assistance is important. I wrote more about how to choose the right attorney.
Mistake #7: Waiting Too Long to Ask Questions
Many people don’t reach out until something feels wrong. They get frustrated with an insurance company and angered by the delays.
By then, statements may have been given or documents signed. Some of the most productive conversations I have happen early, sometimes before someone ever hires us.
Remember that personal injury attorneys are hired on a contingency fee basis, which means their fee is based on a percentage of what they recover for you. Here is why that matters for you: since they are paid a percentage of the recovery, and not paid on an hourly fee, you are not saving any money by waiting to hire an attorney. I have heard some say they want to try to get it resolved themselves first to save some money, but what they don't understand is they might as well hire an attorney early on in the process because they don't pay any more by doing that.
What to do instead:
Ask questions early. Even brief guidance can help you avoid mistakes that are much harder to fix later. Remember, personal injury attorneys are paid on a contingency fee basis, so you don’t pay anything to call and ask questions. Heck, call me… I’ll talk to you and give you advice.
Final Thought
Most mistakes after a car accident or truck accident in New Mexico happen because people are trying to be cooperative, reasonable, and optimistic in a system that doesn’t always reward those instincts.
Slowing things down, asking the right questions, and choosing the right guidance can make a real difference in how a case turns out.
Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form.
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If you want even more information, feel free to check out my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more.
