Frequently Asked Questions About Injury and Disability

You could suffer severe injuries even if you are in a minor truck collision in Roswell or Southeast New Mexico. If you are considering filing a claim with the insurance company for the negligent trucker and trucking company, you may wonder how long it will take to settle your claim.

Unfortunately, there is no fixed timeframe for resolving a truck crash case. However, an experienced truck accident lawyer can explain the factors that can make it take longer to complete your settlement and help you receive all the compensation you deserve for your injuries under New Mexico law.

How Long Does It Take to Settle a Truck Crash Claim in New Mexico?

A truck collision claim where no one suffered any injuries and the damages to the vehicles are minor may be settled within a few months. However, most truck accident cases are more complicated. It can take months, a year, or longer for these claims to be resolved, especially if a lawsuit is filed and the case is litigated.

What Factors Can Make It Take Longer to Resolve a New Mexico Truck Accident Case?

Truck collision cases can take much longer to complete than car crash claims. Several factors can increase the time it will take for you to resolve your case. Understanding these factors can at least give you a sense of how long you will need to fight with the insurance company. Some common factors that prolong the resolution of these claims include the following.

Investigation Into the Cause of the Truck Crash

Determining the cause of a truck wreck can take longer than if only autos were involved in the collision. Violations of Federal Motor Carrier Safety Administration (FMCSA) regulations may have caused or contributed to the crash.

In addition, more parties could face liability for causing the truck accident. Potentially liable parties include:

• Truck driver
• Trucking company
• Shipping company
• Truck maintenance company
• Truck and parts manufacturing companies

It may take your attorney a long time to collect the evidence you need to prove how your truck crash occurred. They may need to hire expert witnesses, such as an accident reconstruction expert or an engineer, to help determine the cause of the collision.

Your Medical Improvement

Under New Mexico law, you are entitled to your past and future medical expenses, lost wages, and pain and suffering in your settlement. You cannot know your future damages until you recover fully from your injuries or recover as much as you can, and your doctor can give you a final prognosis. If you suffered multiple injuries—common in a truck wreck—it could take months or longer to reach this stage in your medical treatment.

Seriousness of Your Injuries

The value of your claim will be higher if you suffered long-term injuries, such as a traumatic brain injury, back or spinal injury, or internal organ damage. The insurance company will fight longer and harder to deny your claim, reduce the compensation they must pay you, and delay paying you if they know your claim’s value is high.

New Mexico Settlement Negotiations

Once the investigation into the cause of your truck accident has been completed, your lawyer would send the insurance company a demand letter outlining how their insured’s negligence caused the crash, the seriousness of your injuries, and the compensation you are seeking. The insurance adjuster would review the letter and most likely raise disputes about their liability or the damages you should receive.

Your lawyer and the insurance company could go through lengthy offers and counteroffers before settling your case. Depending on the disputes the insurance company raises, your attorney may need to collect additional evidence or hire expert witnesses to resolve them.

In addition, settlement negotiations can be prolonged when more than one party faces liability. It could take your lawyer longer to resolve multiple claims, and a settlement with one party may be contingent on a favorable settlement with another party.

Litigation

If the statute of limitations, which is the deadline you have to sue, will expire soon, or the insurance company refuses to offer you a fair settlement, your lawyer will need to file a lawsuit and litigate your claim. While your case will likely be settled before your jury trial date, litigation can significantly increase how long it takes to resolve it.

Contact a Roswell Truck Accident Lawyer Today

If you or a family member were injured in a truck collision in Roswell or Southeast New Mexico, our skilled truck accident lawyers are here to explain your options and fight for the damages you deserve. Call our Roswell office at 575-300-4000 or complete our online form today to schedule your free initial consultation today.

No, you should not drive after drinking any amount of alcohol. You could be legally drunk after consuming as little as one glass of wine. The size of the glass, your weight, how you metabolize alcohol, and other factors can affect whether you would become intoxicated. Your best strategy is not to drink and drive to avoid being charged with DWI or causing a car accident. 

What Is DWI in New Mexico?

Driving while intoxicated (DWI) is a serious criminal offense in New Mexico. A person can be charged with DWI for driving or being in physical control of a motor vehicle in these situations:

• They drive when their blood alcohol level (BAC) is 0.08 percent or higher.
• They drive when their ability to drive is impaired due to the consumption of any amount of alcohol or drugs, even if their BAC is lower than 0.08 percent.

Commercial drivers can be charged with DWI if their BAC is 0.04 percent or higher. Drivers under 18 years old are considered legally drunk if their BAC is 0.02 percent or higher.

Individuals face harsh consequences if they are convicted of DWI in New Mexico. For a first offense, their punishment could include the following:

• Jail and fine. They may be sentenced to up to 90 days in jail or a fine of up to $500 or both
• Community service. They would be required to perform 24 to 48 hours of community service.
• Rehabilitation program. They would have to complete a driver rehabilitation program for alcohol.
• Driver’s license suspension. Their driver’s license would be suspended for one year. When their driving privileges are restored, they may only be able to drive with an ignition interlock device for one year.

What Should You Do if You Are in an Auto Crash With a Drunk Driver?

If you were injured in a car accident caused by an intoxicated driver, you might be entitled to compensation for your injuries. You should take the following steps to build a winning case so that you receive the maximum recovery from the negligent motorist’s insurance company:

• Obtain prompt medical care. You should be examined by a doctor within 72 hours of your collision—even if you do not believe you were hurt. This protects your health if you suffered an injury and avoids disputes with the insurance company about the cause and severity of your injuries.
• Contact the police. Call the police at the crash scene, and obtain a copy of the police report. It can contain helpful information, such as details of how the accident occurred, initial breathalyzer test results, the officer’s conclusions about who caused the collision, and whether the drunk driver was arrested for DWI or received a traffic citation.
• Look for signs of intoxication. Look for signs that the driver is intoxicated, such as open alcohol containers, the driver’s slurred speech or bloodshot eyes, or their use of mouthwash, gum, or eye drops before the police arrive. Report anything you observe to the law enforcement officer.
• Collect evidence. You will need proof that the drunk driver’s negligence caused your crash. Helpful evidence to collect includes photos of the damage to the vehicles, crash scene, skid marks, and your injuries, eyewitness contact information and statements, results of a breath or blood alcohol test, and vehicle event data information. You should also obtain the contact information for the driver and their insurance company.
• Retain a lawyer. You should hire a skilled car accident lawyer immediately after the collision to file your claim and negotiate your settlement with the insurance company.

Were you or a family member injured in a drunk driving collision in Roswell or Southeast New Mexico? Our experienced car accident lawyers are here to explain your options and go up against the insurance company so that you receive all the compensation you deserve under New Mexico law. Call our Roswell office at 575-300-4000 or complete our online form to schedule your free consultation today to learn more about how we can assist you.

Related Links: How Long Does it Take to Settle a Car Accident Claim? Why Not to Accept a Quick Settlement of Your Car Crash Claim Five Things Not to Do After a Car Accident

 

In an auto collision in New Mexico, you could suffer serious injuries, such as back and spinal injuries, a traumatic brain injury, or organ damage. You may be worried about how to pay your mounting medical bills while you are off work for months or longer recovering from your injuries. You need to understand your options to pay your medical bills and your right to seek compensation from the negligent driver who caused your car crash.

Who Is Responsible for Paying the Medical Bills After a Car Accident?

In New Mexico, the at-fault motorist is responsible for paying you compensation for your medical bills, lost wages, property damages, and pain and suffering. However, you may go through many frustrating months while you go up against the insurance company for the settlement you deserve.

You are ultimately responsible for paying your medical bills even if you did nothing wrong to cause the collision. You do not want to wait until you settle your claim to your medical bills. Your health care provider could refuse to continue to treat you. In addition, they could refer your account to a collection agency or sue you.

What Are Your Options to Pay Medical Bills After Auto Collision Injuries?

Fortunately, several options exist for paying your medical bills after a car accident. They include the following:

• MedPay. When you purchased your auto insurance, you could buy optional Medical Payment Coverage, also referred to as MedPay. You can use the coverage to pay for your reasonable medical expenses related to the car accident up to the policy limits. You could use Medical Payment Coverage even if you were partially or entirely at fault for causing the wreck.
• Health insurance. If you have private health insurance that you purchased or through a job, you should use it to pay your medical bills while you wait to settle your claim. This will help you avoid the stress and harm to your credit that you would experience if you do not pay the expenses. In addition, you will be paying at the reduced rate your health insurance company has secured.
• Uninsured motorist coverage. Uninsured motorist coverage is another optional coverage that you can use to pay your medical bills if the negligent driver had no auto insurance. Even though you would be filing a claim with your own insurance company, you should retain a skilled car accident lawyer to protect your rights and ensure you receive all the compensation you deserve.
• Underinsured motorist coverage. Underinsured motorist coverage would be an option if you purchased it and the other driver had liability insurance but did not have enough coverage to compensate you fully. You could file a claim for up to your policy limits. For example, if the negligent driver had $100,000 in liability coverage and your damages were $200,000, you may be able to file a claim for $100,000 under your auto insurance policy if you have this coverage.
• Negligent driver. If another motorist caused your car crash, they are responsible for compensating you for your injuries. All drivers in New Mexico are required to purchase liability insurance of $25,000 per person and $50,000 per accident in liability insurance for injuries caused in a wreck.

Will You Have to Pay Back the Health Insurance Provider?

If your health insurance company is paying your medical bills while you wait to receive your settlement proceeds, they have a right of subrogation. This means that you would need to pay them back for what they paid when you receive your settlement.

Did a negligent driver cause you to suffer injuries in an auto collision in Roswell or Southeast New Mexico? Our dedicated car accident lawyers can help you determine the best options for paying your medical bills and can go up against the insurance company for all the compensation you deserve. Call our Roswell office at 575-300-4000 or fill out our online form to schedule your free consultation today to learn more about how we can assist you.

Related Links: How Long Does It Take to Settle a Car Accident Claim? Evidence You Need to Win Your Car Accident Case How Not Getting Prompt Medical Care Hurts a NM Car Crash Claim

 

You should retain an experienced truck accident lawyer immediately after being injured in a truck collision caused by a negligent truck driver in Roswell or Southeastern New Mexico. If you do not hire an attorney right away, you could make mistakes that might hurt your claim and may be taken advantage of by the insurance company for the trucker and trucking company. Here are five reasons it is in your best interest not to delay getting an attorney who can guide you through the process of filing and settling your claim.

Reason #1: Determine the Cause of the Truck Crash

Truck accidents are very complicated because of the size and weight of a big rig truck and the federal regulations truck drivers and trucking companies must follow to prevent wrecks. Your lawyer would thoroughly investigate the cause of the truck accident to prove that the truck driver and trucking company’s negligence caused your crash. Speeding, distracted driving, intoxication, and drowsy driving are a few common ways truckers cause devasting truck accidents.

Reason #2: Collect Evidence

You must prove the trucker and trucking company’s negligence, the seriousness of your injuries, and the damages you deserve to be entitled to compensation under New Mexico law. You establish this through the use of evidence. It is important to begin collecting the evidence you need right after the truck crash before it is lost or destroyed.

An attorney will know the types of evidence you need to win your case and will collect it for you. Some of the information could be challenging to obtain because the trucking company may have it. They would be unwilling to give it to you unless they are forced to by a lawyer.

There are many types of evidence you could need to prove your claim. Some common types of evidence your lawyer may collect include:

• Police report
• Eyewitness statements
• Photos and videos of the crash
• Truck black box
• In-cab camera
• Trucker’s logbook
• Receipts from the truck driver’s trip
• Trucker’s personnel file
• Cellphone records
• Trucker drug and alcohol testing results
• Maintenance records for the truck
• Medical records
• Paystubs and other documentation for your lost wages claim

Reason #3: Avoid Mistakes

Trying to deal with the insurance company on your own can be very frustrating. You could make mistakes that they could use to try to deny your claim, delay settling your claim, or try to pay you less compensation than you deserve. In addition, the insurance adjuster could try to get you to agree to give a recorded statement, sign a release so they can obtain all your medical records, or convince you to accept a lowball settlement offer.

Reason #4: Negotiate Your Settlement

Your lawyer will take over all communications with the insurance company and negotiate your settlement with them. They will have strategies to defeat the insurance adjuster’s arguments about their liability to pay you or the value of your claim and will fight so that you receive the full value of your claim. You are much more likely to receive the maximum recovery in your settlement if a skilled attorney represents you.

Reason #5: Meet Deadlines and Litigate Your Case

A lawyer will know the statute of limitations, which is the deadline you have to file your case, and will file a lawsuit for you before it expires. They would also sue the trucker and trucking company if their insurance company refuses to offer you a fair settlement. You need an attorney who is not afraid to take your case to a jury trial if necessary and would aggressively litigate your claim.

Were you or a family injured in a truck collision in Roswell or Southeast New Mexico? Our dedicated truck accident lawyers are here to fight for your rights. Schedule your free initial consultation today by calling our Roswell office at 575-300-4000, starting a live chat, or filling out our online form.

Related Links: Leading Reasons Oil Field Truck Accidents Occur Liable Parties in Truck Accident Cases How Much Is My Personal Injury Claim Worth?

 

If you were injured in a motorcycle collision in New Mexico, you might be surprised to receive a settlement offer from the insurance company soon after you file your claim. It may be tempting to accept their offer if you need the money and want to resolve your case quickly to move on with your life. However, it is rarely in your best interests to accept the first offer that the insurance adjuster makes.

Why the Insurance Company May Offer You a Quick Settlement

The real reason the insurance adjuster may want to settle your claim quickly is to save the insurance company money by settling your claim for less than you deserve. They want you to accept their offer before you know the full extent of your injuries and speak to a knowledgeable personal injury attorney who can tell you how much your claim is really worth.

Reasons Not to Accept the First Offer You Receive

You are entitled to recover compensation for your past and future medical expenses, lost wages, property damages, and pain and suffering from the negligent driver and their insurance company under New Mexico law. Here are some of the reasons it would be a bad idea to settle your claim too quickly:

#1: You Don’t Know How Serious Your Injuries Are

First, you should not accept a quick settlement because you can’t know how serious your injuries are or the medical treatments you will need right after the motorcycle accident. You should wait until you reach your maximum medical improvement (MMI) to settle your claim. This is the stage in your treatment when you have fully recovered or recovered as much as possible, and your doctor can give you a final prognosis.

You cannot know the cost of your future medical care or how your injuries will impact your ability to work until you reach your MMI. It could take months or more than a year to reach this stage of your medical recovery, especially if you suffered a long-term injury or multiple injuries.

#2: The Offer Is Too Low

The insurance company’s first offer will most likely be for much less than the total value of your claim. They hope you are desperate to settle your claim, even if it is for far less compensation than you deserve.

#3: Settlements Are Final

Once you reach a settlement with the insurance company, they will send you a release of all claims form to sign before they mail you your check. When you sign the release, you agree that this is a final settlement of your claim. You would be unable to reopen your claim later to request more compensation if you discover that your injuries are more severe than you thought or that you can no longer work.

What You Should Do if You’re Offered a Quick Settlement

You should never accept a settlement offer without first consulting with a lawyer. You should retain an attorney immediately if you do not have one and leave negotiating your settlement to them.

The insurance company could send you a check before you agree to settle your case. Do not cash the check. You could give up your right to pursue your right to seek all the damages you are entitled to under New Mexico law.

Were you or a loved one injured in a motorcycle accident in Roswell or Southeast New Mexico? Our experienced personal injury lawyers can explain your rights, collect the evidence you need to win your case, and go up against the insurance company so that you receive the maximum recovery in your settlement. Call our Roswell office at (575) 300-4000 or fill out our online form to schedule your free consultation today to learn about our track record of success in motorcycle crash cases and how we can assist you.

Related Links: How Motorcycle and Car Accident Claims Differ How a Lawyer Can Help in a New Mexico Motorcycle Crash Case Evidence You Need in a Motorcycle Accident Case

 

If you are filing a claim for compensation under New Mexico’s dog bite laws for injuries you suffered in a dog bite, you will want to know how long it will take to settle your claim. Unfortunately, an experienced personal injury lawyer cannot give you a precise answer on when your case will be settled because every claim is unique. However, understanding the factors that influence the length of time to resolve a claim can give you a sense of how long it will take to settle yours.

What Is the General Time Frame for Settling a Dog Bite Case?

There is a broad time range of how long it can take to settle a dog bite claim. Some cases will be settled within a few months, while others can take a year or more to be resolved, especially if the case is litigated and goes to trial.

What Factors Can Affect the Length of Time it Takes to Resolve a Dog Bite Claim?

There are a number of factors that can affect how long it will take to settle a claim with the insurance adjuster. Here are important ones that can impact on how long the process will take.

Seriousness of Your Injuries

If you suffered minor injuries and recover from them quickly, the value of your claim will be lower. The insurance adjuster for the dog owner may be willing to offer you a settlement quickly that fully compensates you.

However, if you suffer a long-term injury, such as scarring or disfigurement, nerve damage, an amputation, or organ damage, you will be entitled to more compensation for your medical expenses, lost wages, and pain and suffering. Even if you have a strong case, the insurance company could raise many defenses and fight for longer to deny your claim or pay you less money in your settlement.

How Long It Takes You to Recover

You might not realize that how long it takes you to recover can affect the length of time it takes to settle your claim. However, you should not try to resolve your claim until you fully recover from your injuries or recover as much as possible, and your doctor can give you a final prognosis. If you suffered severe or multiple injuries, it could take months, a year, or longer for this to happen.

You cannot know the amount of damages you are entitled to, especially your future medical expenses, lost wages, and pain and suffering, or if you will fully recover until you reach this stage in your medical treatment. Once you settle your case with the insurance company, your settlement will be final. You cannot reopen your claim if you later discover your injuries were more serious than you thought.

Your Partial Fault

It could take longer to resolve your case if the insurance adjuster claims you were partially to blame for causing the dog to bite you. They could argue that you provoked the dog—even if it is not true. Your attorney may need to collect additional evidence or file a lawsuit to convince the insurance company of their liability to compensate you.

Litigation

Your attorney will need to file a lawsuit if the statute of limitations, which is the deadline you have to sue the dog owner, will expire soon or if the insurance company refuses to offer you a fair settlement. It can take over a year to litigate a case, especially if it goes to a jury trial.

Most cases will be settled at some point in the litigation process. However, litigation significantly increases how long it can take to settle a claim.

Did a dog bite you or a family member in Roswell, Carlsbad, or Southeast New Mexico? Our skilled personal injury attorneys can help collect the evidence you need to win your case and go up against the insurance company for the compensation you deserve. Call our Roswell office at 575-300-4000 or fill out our online form to schedule your free initial consultation today to learn more about how we can help you.

Related Links: Important Steps to Take If You’re Bitten by a Dog How Much Is My Personal Injury Claim Worth? How Do I Pay My Medical Bills After a Dog Bite?

 

If you are like many pedestrian accident victims in New Mexico, you want to know how much your claim is worth at the beginning of your case. While this is understandable, there is no precise answer to this question. However, if you retain an experienced car accident lawyer, they can give you a general sense of what you can expect to receive in your settlement with the negligent driver’s insurance company.

Compensation You Can Recover in a Pedestrian Collision Case

The first step in determining the value of a claim is to calculate the amount of compensation you are entitled to under New Mexico law. Keep in mind that you should receive your past and future damages if you have not yet fully recovered from your injuries or have suffered a long-term injury that will affect you for the rest of your life—which is common in pedestrian accident cases. Types of compensation you should receive in your settlement include:

• Medical expenses. You are entitled to reimbursement of the cost of all necessary medical treatments to treat your injuries. This can include surgeries, hospitalizations, doctor visits, diagnostic tests, physical therapy, and medications.
• Lost wages. If you missed work while you were recovering from your injuries, you should be compensated for your lost wages, lost sick and vacation time, lost commissions, and other lost perks of your job.
• Lost earning capacity. If you must make a career change and take a pay cut due to your injuries or become permanently disabled, you can ask for lost earning capacity damages in your settlement. You may need to hire an economic expert witness to determine the value of this portion of your claim.
• Property damage. You can recover the cost to repair or replace any personal property, such as a cellphone, damaged in your pedestrian accident.
• Pain and suffering. You should also receive compensation for the pain and suffering you experienced due to your injuries. You need the help of a knowledgeable car accident attorney to determine how much you should recover for this part of your claim.

Five Factors That Can Affect How Much Your Claim Is Worth

In an ideal world, your lawyer would determine the value of your claim, and the insurance company would quickly offer you a settlement for all the damages you are requesting. Unfortunately, the settlement of your claim will probably not work like that. The insurance company could try to deny your claim, delay settling it, and pay you less compensation than you deserve in your settlement. This is a common insurance company tactic, especially since the pandemic.

In addition, there are a number of factors that will increase or decrease the value of your claim. Here are a few factors that can affect how much your claim is worth:

• Severity of your injuries. If you suffer severe injuries, you will need more long-term medical care and miss more time at work. This will increase the overall value of your claim, including the pain and suffering portion of your claim.
• Disputes. Legitimate disputes with the insurance company about the liability of the driver who struck you or the seriousness of your injuries will weaken your case and decrease the value of your claim.
• Your fault. If you were partially at fault in causing your pedestrian accident, this would affect your claim’s value. Under New Mexico’s pure comparative negligence law, the amount of compensation you can recover would be reduced by your percentage of fault in causing the crash.
• Your actions. The actions you take right after a pedestrian accident will directly impact how much your claim is worth. Contacting the police at the accident scene and obtaining prompt medical care will strengthen your claim and its value. However, if you made mistakes, such as agreeing to give a recorded statement, you may have hurt your case and have to accept less damages than you would otherwise be entitled to in your settlement.
• Insurance coverage. Even if you have a strong case, the insurance company is only responsible for paying you up to the driver’s liability insurance coverage. If the motorist only purchased the minimum amount of insurance required in New Mexico, this would significantly lower your claim’s value.

Were you or a family member injured in a pedestrian accident in Roswell, Carlsbad, or Southeast New Mexico? Our dedicated car accident lawyers can value your claim and go up against the negligent driver’s insurance company for the compensation you deserve for your injuries. Call our Roswell office at 575-300-4000 or complete our online form to schedule your free consultation today.

Related Links: How Long Does it Take to Settle a Car Accident Claim? 5 Mistakes You Shouldn’t Make After a Pedestrian Accident Crucial Steps to Take After a Pedestrian Accident

 

If you were injured in a motorcycle collision caused by a negligent driver in New Mexico, you may wonder if you should file your claim or hire a lawyer to represent you. The best choice would be to let an experienced personal injury attorney negotiate your settlement if you want to obtain all the compensation you deserve for your injuries. Here are seven ways an attorney can help you.

#1: Communicate With the Insurance Company

One way a lawyer will assist you is to take over all communications with the insurance adjuster. If you try to talk to the insurance company yourself, you could inadvertently say something that could be misconstrued as an admission of guilt or otherwise hurt your case. The insurance adjuster could also take advantage of you and get you to agree to give a recorded statement or sign a medical authorization to get ammunition they can use to deny your claim. You avoid all these problems by letting your lawyer deal with them.

#2: Collect the Needed Evidence

You must prove the other driver’s negligence in causing your motorcycle accident, the seriousness of your injuries, and the amount of compensation you should receive from the insurance company. You do this by collecting evidence that proves your case. A skilled personal injury lawyer will determine what evidence you need and will collect it for you.

While you may be able to obtain some evidence on your own, other types of proof could be difficult to get. Helpful evidence your attorney may collect to establish the motorist’s negligence includes:

• Police report
• Photos and videos of the collision
• Eyewitness statements
• Business surveillance camera footage
• Black box data from the negligent driver’s motor vehicle
• Inspection report about the damage to your motorcycle
• Accident reconstruction expert report

#3: Obtain Medical Records and Doctor Reports

Another way an attorney can help you is to obtain and organize your medical records and medical information from your doctor. Having strong medical evidence is essential to achieving a favorable outcome in your case. A lawyer will do the following for you:

• Get and organize your medical bills and records
• Contact the health care provider for any missing bills or medical records
• Work with your physician to ensure that they provide the information you need to show that your injuries were caused by your motorcycle accident, the seriousness of your injuries, the treatments you need, and your final prognosis 

#4: Determine the Value of Your Claim

In New Mexico, you are entitled to recover compensation for your past and future medical expenses, lost wages and lost earning capacity damages, property damages, and pain and suffering when an at-fault motorist caused your injuries in a motorcycle crash. Determining what your claim is worth can be complicated, especially if you are entitled to future medical costs, lost wages, and pain and suffering. A knowledgeable personal injury lawyer who handles many motorcycle accident claims in their practice can value your claim and advise you on what you can realistically expect to receive in your settlement.

#5: Negotiate Your Settlement

Your lawyer will negotiate your settlement with the insurance company. Unfortunately, since the pandemic, it is even more common for insurance companies to try to delay settling a claim when a victim tries to resolve their claim on their own. Insurance adjusters use many excuses, such as that they are working from home or have been sick, and can take longer to return calls.

An attorney may be able to speed up the time it takes to settle your claim. If the insurance adjuster raises disputes to deny your claim or pay you less money—which is common—your attorney will have strategies to refute their arguments.

#6: Work With Lienholders

You may have a lien placed on your settlement by a health care provider or medical insurance company that must be paid when you settle your claim. Your attorney can negotiate with them to try to reduce the amount of the lien so that you receive more money.

#7: Litigate Your Claim

You will need to file a lawsuit if the insurance company refuses to offer you a fair settlement, or the statute of limitations to file your complaint will expire soon. You will need a lawyer licensed to practice law in New Mexico to litigate your case.

Were you injured in a motorcycle accident in Roswell or Southeast New Mexico? Call our Roswell office at 575-300-4000, start a live chat, or fill out our online form to schedule your free consultation today to learn how we can help you.

Related Links: How Motorcycle and Car Accident Claims Differ Common Injuries Caused in Motorcycle Accidents Seven Steps to Take After a Hit and Run Motorcycle Accident

 

You will need to file a claim with the negligent driver’s insurance company if you want to receive the compensation you deserve for the injuries you suffered in an auto collision in New Mexico. Settling a claim with the insurance company may be complicated and frustrating. It can be helpful to know how the insurance company investigates car crash claims in our state, so you know what to expect and can protect your rights.

Why Will the Insurance Company Investigate Your Claim?

There are several reasons why the insurance company would want to investigate your claim before offering you a settlement. First, they need to assess the validity of your claim and how much compensation you should receive. They cannot offer you a settlement until they determine this.

They also want to protect against insurance fraud. Unfortunately, some claims are fraudulent. This can also happen when they are made by a third party claiming they were injured in a collision.

Another major reason insurance adjusters investigate claims is to try to find reasons to deny a claim or pay the victim less damages than they are entitled to under New Mexico law. Why would they do this? Insurance companies are businesses with the goal of making a profit. If the insurance adjuster can deny a claim or pay a lower settlement, they will save their employer money.

How Do Insurance Companies Investigate an Auto Collision Claim?

The insurance company will take several steps to investigate your claim. If you suffered long-term injuries and the value of your claim is higher, the investigation could be more extensive and take more time to complete. Here is what you can inspect to happen.

#1: Assign a Claims Adjuster to Your Case

When you file your claim, a claims adjuster would be assigned to your case. They would investigate how your car accident occurred and your injuries before deciding whether to offer to settle your claim. If the insurance company suspects your claim is fraudulent, they may also assign a special investigator trained to identify fraud and possible criminal activities to examine your claim.

#2: Review the Police Report

The insurance adjuster would review a copy of the police report. It will contain helpful information, such as details of how the collision occurred, the police officer’s conclusions about who was at fault, and whether any traffic citations were issued.

#3: Conduct Interviews

Another important step the insurance adjuster would take is to interview you, other victims, passengers in any of the vehicles, and eyewitnesses. They may ask you to give a recorded statement, which is a question and answer session that is tape-recorded and transcribed into a written document.

You do not have to give a recorded statement to settle your claim, and agreeing to their request would be a mistake. You could inadvertently say something that hurts your claim and be used against you in settlement negotiations or court.

#4: Review the Crash Scene and Photos

The insurance adjuster would also review any photos taken right after your car accident occurred and may visit the crash scene. This can help them determine the cause of the collision.

#5: Inspect Your Vehicle

The insurance company will most likely want to inspect your car before it is repaired. Looking at the damage to your auto can help them determine how your accident occurred and the value of your property damage claim.

#6: Review Your Medical Records

You should also expect the insurance company to request a copy of your medical records to determine the seriousness of your injuries and the medical treatments you need. The insurance adjuster would also be looking to see if you delayed seeking medical care after the accident, if you have gaps in your treatment, and if you followed your doctor’s advice.

In addition, they would look for preexisting injuries. They would use this information to argue that your injuries are not as severe as you claim or were caused by another incident.

#7: Search Your Social Media Sites

Another investigative tactic the insurance company would employ is to search your social media sites. They may do this several times while your claim is being resolved. They would try to find statements you made suggesting you caused the accident or that your injuries are not severe. They would look for evidence that you are engaging in activities you should not be able to do given your injuries.

How Can You Protect Your Rights During an Insurance Company Investigation?

The best way to protect yourself while the insurance adjuster is investigating your claim is to hire an experienced car accident lawyer immediately. They will take over communications with the insurance company, help you avoid mistakes that could weaken your claim, and go up against the insurance company so that you receive all the compensation you deserve in your settlement. To learn about our track record of success in these cases and how we can assist you, call our Roswell office at 575-300-4000 or complete our online form to schedule your free consultation today.

Related Links: How Long Does It Take to Settle a Car Accident Claim? Evidence You Need to Win Your Car Accident Case How a Police Report Can Help in a Car Accident Case

 

If you were hurt in an auto collision, you are entitled to compensation for your injuries from the negligent driver under New Mexico law. However, their insurance company could claim that you caused the crash in order to deny your claim or try to pay you fewer damages than you deserve. When you file your claim, you need to be prepared that this could happen and know what you can do to fight back.

What Do You Need to Prove to Win Your Claim?

To obtain the compensation you are entitled to, you must prove your case. In New Mexico, you need to establish the following elements of a negligence claim:

• The driver owed you a duty. All drivers in New Mexico have a duty to drive safely and obey traffic laws.
• The driver was negligent and breached their duty to you. Speeding, talking or texting on a cellphone, or driving while intoxicated are a few ways they could have caused your car accident.
• The driver’s negligence was the direct cause of your injuries.
• You suffered damages as a result of their negligence. You will also need to prove the amount of compensation you should receive. 

Additionaly, dowload this free how-to guide that will explain in easy-to-understand terms the most important aspects of your car accident case. With clear examples in each chapter, you will be given specific tips and strategies to help you know what steps to take and how to take them, and just as importantly, you will learn what NOT to do. 

How Do You Prove Your Car Crash Was Not Your Fault?

The best way to establish that you did not cause your auto collision is to collect evidence that proves how the wreck occurred. You need to start collecting evidence right after the accident occurs. Here are some of the steps to take to prove who’s at fault after a crash:

Take Pictures

Use your cellphone camera to take pictures of the damage to both vehicles, road and weather conditions, your injuries, and anything else you believe could help show the cause of your crash. Your photos can help a skilled car accident lawyer or an accident reconstruction expert prove that the other driver’s negligence caused the collision.

Obtain Contact Information

You must get the contact information for the other motorist and their insurance company. You cannot file your claim without this information.

Contact the Police

Call the police immediately and wait for them to arrive. An officer will investigate the cause of the collision and write a police report. The report can contain helpful information that may help prove you were not to blame for the crash. Useful information that the report may contain includes:

• Date, time, and place of the wreck
• Details of how the crash occurred
• Statements by the other motorist, witnesses, and you
• Officer’s conclusions as to who was negligent
• Any traffic citations issued

Talk to Witnesses

Eyewitnesses who do not know you and have no stake in your claim can be extremely helpful in proving that you did not cause the car accident. If possible, you should talk to any witnesses at the crash scene and obtain their contact information. If you do not get this information right away, you may not be able to locate essential witnesses at a later date, or their memories of how the crash happened could fade.

Retain a Lawyer

You should hire a knowledgeable car accident attorney as soon as possible after your collision. They will help you collect the evidence you need to win your case. An attorney will also have strategies to defeat the insurance company’s arguments that you were the negligent driver and will go up against them for all the compensation you deserve. If the insurance company refuses to be reasonable or the statute of limitations to file your lawsuit will expire soon, they can file your complaint and litigate your claim.

Get the Help You Need to Get the Compensation You Deserve

Were you or a loved one injured in an auto crash that was not your fault in Roswell or southeastern New Mexico? Is the other driver’s insurance company falsely claiming that your negligence caused the wreck? Our experienced car accident lawyers are here to explain your rights to you and aggressively fight for the maximum recovery you are entitled to in your settlement. To learn more about how we can help you, call our Roswell office at 575-300-4000, start a live chat, or fill out our online form to schedule your free consultation today.

Related Links: How Long Does it Take to Settle a Car Accident Claim? Evidence You Need to Win Your Car Accident Case How a Police Report Can Help in a Car Accident Case