Can You File a Personal Injury Claim After a Hit-and-Run Accident?

Unfortunately, recent data from the National Highway Traffic Safety Administration (NHTSA) shows that hit-and-run accidents are all too common across our country, and New Mexico is no exception. This phenomenon occurs when one of the parties involved in an accident leaves the crash site. If someone is killed or gravely wounded in a crash, leaving the scene may result in criminal charges.

When a person is hurt in a vehicle collision, anyone involved must phone 911, provide appropriate aid, and assist as needed. To explore a plan for pursuing compensation for your injuries in the event of a hit-and-run, you should speak with an Albuquerque auto accident lawyer. Thankfully, you still have the right to compensation for accident-related financial losses, such as medical expenses and lost income, if your injuries from a hit-and-run accident require you to miss work temporarily or permanently.

Who Covers Damages After a New Mexico Hit-and-Run Crash?

New Mexico is a fault-based state, meaning that the at-fault motorist in a collision will be liable for the injuries sustained by the victims. Under the pure comparative negligence standard that New Mexico utilizes to evaluate these claims, a person who was 90% at fault for an accident might still file their own claim but would only be eligible to receive a maximum of 10% of the entire settlement.

However, what can be done if the negligent motorist leaves the scene? At this point, the party liable for any victims’ losses is unavailable and unidentified. Fortunately, if you were injured in a hit-and-run accident in New Mexico, you may have access to several alternative avenues for financial compensation:

• Your auto insurance provider: After a hit-and-run, you should file a claim for damages with your own insurance provider first. Suppose you have uninsured/underinsured motorist coverage. In that case, it will compensate you for your losses in the same way as if the negligent driver had remained on the road but lacked sufficient insurance. Your insurance policy may cover your medical expenses and property losses if you have comprehensive coverage, whether or not you have uninsured motorist insurance.
• A government entity: If your hit-and-run accident was caused by a faulty or broken traffic signal, a hidden stop sign, a fallen tree, a pothole, or any other issue traced back to municipal maintenance, you may be able to sue the state or the City of Albuquerque for your losses. The legal obligation to maintain public roads rests with the city. Thus, even if the motorist at fault escapes liability, a governmental entity may still be held accountable if poor roadway maintenance led to your collision, for instance.
• A vehicle or auto parts manufacturer: If a faulty auto component causes your accident or injuries, a vehicle’s manufacturer may be made to cover your losses in addition to or instead of the at-fault motorist. For example, you may be able to sue the seatbelt manufacturer for product liability if, for example, the seatbelt was faulty and caused your injuries to be significantly worse than they otherwise would have been.

An auto accident may have been caused by several different parties, which might make them potential defendants in your injury claim. For this reason, it’s crucial to hold off on submitting your claim until after your attorney has thoroughly investigated your case’s facts. Otherwise, you may overlook a possible defendant who could be held accountable for your damages. Again, your lawyer will assist you in identifying all potential defendants in your hit-and-run accident. Moreover, your attorney can negotiate with your insurance provider to optimize your compensation for a proper settlement.

Insurance Requirements For New Mexico Drivers

Licensed drivers in New Mexico must carry a minimum of $25,000 in coverage for one person’s injury or death or $50,000 for all injuries resulting from one collision. The minimal coverage requirement occasionally fails to provide enough coverage for catastrophic injuries. And adding insult to injury, one in four drivers lacks insurance throughout New Mexico. In other words, even if a driver stays at the scene, a victim may have to file a claim under their own uninsured or underinsured motorist coverage if the at-fault motorist is uninsured.

With uninsured motorist coverage, your insurance company must reimburse you for losses you would have gotten from an at-fault driver if that driver had carried the liability insurance that the law required them to take. An uninsured driver clause often covers personal injury and wrongful death damages, including medical costs, lost earnings, and property repairs. Your uninsured motorist policy may even allow you to claim punitive damages if you’ve been involved in a hit-and-run crash. Remember that property damages up to $250 must be excluded from uninsured motorist coverage in New Mexico.

Average Hit-and-Run Accident Settlements

Most assume that the average payout for a hit-and-run claim is lower than that of a regular auto accident, given that the driver at fault or parties liable for the crash fled the scene. However, this isn’t always the case. Depending on the details, a case can be worth as much as a typical auto accident claim. Generally, a victim’s own insurance company covers an accident’s fallout under their comprehensive, underinsured, or uninsured motorist coverage. Regardless of how one pursues their claim, a variety of criteria will determine how much you are awarded.

By hiring an attorney, the victims and their families can make sure they’ve taken all reasonable steps to increase the amount of their compensation. Often, the amount awarded in an auto accident claim ranges from $10,000 to $25,000, depending on the severity of the injuries and property damage. Furthermore, victims should not accept settlement offers from their insurance carriers until they have spoken with an attorney. After reviewing the case’s details, qualified personal injury attorneys can accurately assess a claim’s value and provide victims with a quote.

Contact an Auto Accident Attorney in Albuquerque

At Will Ferguson & Associates, our staff has decades of experience assisting victims of collisions caused by negligent drivers. Our proficient Albuquerque car accident lawyers will do everything possible to get you the justice and compensation you deserve. With our help, you can embark on a quick and easy recovery.

Call us at (505) 243-5566 to discuss your case and the losses you’ve incurred. If our investigation determines that you and your loved ones have a valid claim for compensation, we will manage every step of the claims process for you. If you have been hurt and need legal representation, do not hesitate to call our New Mexico car accident attorneys and set up a no-risk first appointment.