Whether you’re driving down the streets of your neighborhood in Farmington or on our winding rural highways, car accidents can happen anywhere in New Mexico.
These accidents can cause life-changing injuries that put physical, emotional, and financial stress on the victims. When you’re involved in a car accident due to another driver’s negligence, you may be entitled to various forms of compensation to help counterbalance these stressors.
Learn more about the compensation available after a New Mexico car accident and how a personal injury lawyer can help you.
Why Can I Seek Damages After a New Mexico Car Accident?
Under New Mexico laws, you are protected by personal injury laws. Drivers are required to have liability insurance. When they cause your accident, these policies should pay for your damages.
However, your expenses and losses may exceed the policy limit. Filing a lawsuit with their insurer might be your best chance at recovering the compensation you deserve.
Property Damage Claims: Covering the Cost of Vehicle Repairs or Replacement
A property damage claim is one of the types of claims you file after being in an accident caused by another driver. This claim allows you to seek compensation for repairing or replacing your vehicle.
Typically, the at-fault driver’s insurance company will handle the payment for these damages.
Submitting a Property Damage Claim
A property damage claim is submitted to the insurance company of the at-fault driver. That company will pay for the damage to your vehicle as well as other property lost, destroyed, or damaged in the collision.
You can also submit a claim to your insurance carrier for your vehicle’s damage. However, this can only be done if your policy includes “collision” coverage. Filing the property damage claim with your insurance rather than the other party’s insurance tends to speed up the process. Both insurance companies will work with each other to ensure you get reimbursed.
What Is Total Loss and Fair Market Value?
Your insurance company may provide you with your vehicle’s total loss and fair market value after the accident.
- Total Loss: A vehicle is considered a total loss if the repair costs plus the salvage value exceed its fair market value.
- Fair Market Value: This is the amount a willing buyer would pay a willing seller for your vehicle immediately before the accident. This value is typically determined by factors such as year, make, model, mileage, and overall vehicle condition.
These values determine how much you’ll receive from your property damage claim.
Bodily Injury Claims: Ensuring You Have the Funds to Recover
In addition to property damage, you can seek compensation for bodily injuries sustained in the accident. A personal injury claim can cover various expenses and losses.
Medical Expenses Caused By Your Accident
You can claim compensation for all medical expenses related to the accident, including:
- Emergency room visits
- Hospital stays
- Surgeries
- Medication
- Any rehabilitation and therapy (both physical and emotional)
You Are Owed Lost Wages After Your Accident
If your injuries prevent you from returning to work, you can also seek compensation for lost wages when you file your claim.
This can include:
- Current lost wages: income that was lost during your recovery period from the accident.
- Future lost wages: potential income lost due to long-term or permanent disability relating to the accident.
What Are “Pain and Suffering” Damages?
You can receive compensation for more than your tangible losses. You can seek damages for pain and suffering. These damages cover the physical pain and emotional distress caused by the accident.
The amount awarded for pain and suffering typically depends on the severity and duration of your injuries.
Insurance Requirements for New Mexico Drivers
By law, all registered vehicles in New Mexico must have car insurance. The minimum coverage requirements for vehicles in New Mexico are:
- $25,000 per person for injury or death
- $50,000 for total injury or death if multiple people are involved
- $10,000 for property damage
Despite these requirements, many drivers in New Mexico are uninsured, and uninsured motorist coverage can be crucial in such cases.
Uninsured Motorist Coverage
Uninsured motorist coverage protects you if the at-fault driver does not have insurance. This coverage can compensate you for:
- Medical bills
- Lost wages
- Pain and suffering
- Vehicle damage
Filing a claim under uninsured motorist coverage can be beneficial even though it involves your own insurance policy. These premiums you pay are designed to support you in situations where the at-fault driver lacks adequate insurance.
Seeking Legal Assistance After an Accident
Navigating the complexities of car accident claims can be challenging, especially when dealing with insurance companies.
How Can a Car Accident Lawyer Help Me?
Finding an attorney to help with your car accident claim is critical. You are welcome to pursue a claim on your own, but these cases can be complex, and insurance companies rarely cooperate to give you the compensation you deserve.
Your attorney will:
- Investigate your accident: your lawyer will find liable parties and establish the likely cause of your accident
- Build a convincing case: your insurance claim and lawsuit is based on evidence. A lawyer will find the proof you need to convince a jury of your story.
- Negotiate the settlement you deserve: whether you get a pre-trial settlement or need to go to court, the right lawyer will advocate for you and help you win the damages you deserve.
An experienced Farmington personal injury attorney can help you through the legal recovery process to ensure you get the full compensation you desire.
Request a Free Consultation with Patscheck Today
If you’ve been in a car accident, don’t navigate the complex claims process alone. Contact Patscheck Law today for a free consultation. Our dedicated team will work tirelessly to ensure you receive the full compensation you’re entitled to. Schedule your consultation now and take the first step toward securing the justice you deserve.