Handling Insurance Bad Faith Claims in New Mexico Personal Injury Cases

In New Mexico, car accidents occur all too frequently. In fact, state authorities and traffic analysts officially recorded 470 traffic deaths on New Mexico highways over the previous year alone. The majority of people in New Mexico will actually experience one or more car accidents over the course of their lives. Purchasing insurance makes you feel more at ease and, most importantly, protects you in the event of an emergency. You anticipate your insurance provider to pay for you in the event of an Albuquerque auto accident when your property is damaged, or when a family member who has life insurance dies, and their policy pays for them.

Unfortunately, you may file a claim against your insurance provider for what is known as bad faith if they don’t fulfill their end of the bargain. That is a breach of trust as well as a breach of contract. Among the many obligations your insurance provider has to you is the duty of good faith and fair dealing, which requires them to act honestly and fairly toward you or, more generally, to treat you as they would like to be treated. In general, insurance bad faith is when those obligations are not fulfilled.

Injured victims may find that they’re entitled to recompense for accident-related expenses, such as hospital bills and other medical expenses, lost wages and earnings, pain and suffering, and much more. However, navigating negotiations with insurance companies and dealing with insurance adjusters can be daunting after any personal injury in New Mexico, particularly when it comes to auto accidents.

If you’ve suffered damages caused by another person’s negligence in New Mexico, it’s important to reach out to a personal injury attorney as soon as possible. A skilled lawyer will help you navigate the process for making a claim after a personal injury caused by another party’s careless actions, regardless of the details of your accident, and ensure your insurance company doesn’t act in bad faith.

Typical Insurance Requirements in New Mexico

To lawfully operate a motor vehicle in New Mexico, drivers must retain liability auto insurance or make a $60,000 cash deposit or surety bond with the state’s Treasury. Thus, if you are wounded in an accident caused by someone else, that person’s insurance should cover your medical expenses up to the policy’s maximum.

What’s more, there are certain requirements for auto insurance in New Mexico. Also referred to as 25/50/10 coverage, this is the minimum coverage required. Still, accident damages typically exceed the minimum insurance coverage. Drivers in New Mexico should protect themselves with more robust coverage. Optional coverage includes the following:

• Comprehensive Coverage: This covers losses not caused by an auto accident, such as those caused by inclement weather, theft, and vandalism.
• Gap Coverage: For those with auto loans, this type of coverage stipulates that insurance pay the difference between a car’s market value and the remaining loan balance.
• Medical Coverage: Also known as med pay, this coverage pays for medical expenditures and funeral costs, regardless of fault.
• Rental Coverage and Roadside Support: This allows you to take advantage of rental vehicle reimbursement in the event that your vehicle is out of commission. Roadside support provides access to towing, tire repair, jump starts, or other types of comparable assistance.

Another, more distinct type of accident insurance coverage, uninsured or underinsured driver (UM and UIM) coverage, protects motorists when they’re involved in a crash with an uninsured or underinsured driver. For instance, if a driver causes an auto accident and has insufficient or no auto insurance, a victim’s UM/UIM coverage kicks in and pays their medical expenses. Plus, considering an estimated 1 in 5 drivers is uninsured in New Mexico, securing UIM coverage is highly recommended for drivers in our state.

Does Fault Affect Insurance Claims in New Mexico?

The state of New Mexico is a fault state, meaning that a driver who caused an accident must pay for the damages. The state also applies a criterion of pure comparative negligence to claims. Hence, even if a motorist was 90% at fault in an accident, they could still make a claim for compensation despite being limited to a maximum 10% share of the total settlement.

Diminished value also comes into play for auto accident claims. New Mexico permits accident victims to submit a claim for a vehicle’s lost value with the other driver’s insurance company. This is due to the fact that, even after a vehicle undergoes repairs, its resale value will be lower than comparable models that have not been involved in accidents.

For this to apply, the following conditions must be met:

• The driver making a claim was not the at-fault party.
• The driver can provide proof of fault with documentation.
• Fewer than four years have passed since the crash.

Negotiating with Insurers For Accident Compensation

Most of a claim’s value is determined by overall economic damages and medical expenses, the severity of the injuries a victim suffered, and any other losses.

Moreover, injured parties can seek both economic and non-economic damages. Economic damages are often quantifiable expenditures with provable or verifiable costs, such as medical bills, lost wages, and property damage (such as vehicle repairs). Non-economic damages are more subjective but equally valid and include pain and suffering, as well as loss of consortium or companionship.

Making an Insurance Claim After a Personal Injury

Generally, accident victims must make two claims with the at-fault driver’s insurance company: one for injuries and another for property damage. Individuals carrying optional coverages such as UIM or collision may also submit a claim with their insurer.

Unfortunately, getting fair, full recompense for your damages from insurance adjusters, regardless of the type of personal injury you’ve suffered, can be difficult or nearly impossible for victims, which is why contacting an attorney after an accident is so important.

Furthermore, accident victims should be aware of the statute of limitations in their respective states. If you suffered injuries in a car crash or other accident, you have three years from the date of the incident to file a claim under New Mexico civil statutes. This includes claims for car accidents, slip-and-falls, dog attacks, medical malpractice, and more.

Contact Will Ferguson & Associates Today

If you or a loved one has been hurt at the hands of a careless or negligent individual, please visit the office of Will Ferguson & Associates for a free initial consultation. Call our car accident lawyers in Albuquerque at (505) 243-5566 to determine whether you are entitled to compensation for your injuries.

If we find that you and yours are entitled to a potential settlement, we will handle every aspect of your claim so you can focus on your recovery. Don’t wait to get seasoned legal counsel from our reputable accident attorney team. Reach out to us immediately for a no-cost, no-obligation consultation to discuss the details of your New Mexico personal injury today.