Getting into an accident only takes a second. Unfortunately, receiving compensation for your damages takes a little longer. In the meantime, your expenses stemming from the accident are probably piling up and you’re starting to feel the pressure.
So, what is the average timeline to settle a New Mexico injury case? We’re looking at the answer to this and other common questions so you’re better prepared when it’s time to file a personal injury claim.
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Do I Need to Prove Fault in an Accident Claim?
New Mexico follows at-fault insurance rules meaning that whoever is responsible for causing the accident is liable for any damages that occur. This rule applies whether it’s a car collision, slip-and-fall accident, or a premises liability claim.
Essentially, all types of personal injury claims fall under at-fault insurance guidelines. The only potential exception is strict product liability claims. With this type of accident claim, you usually don’t need to prove fault.
Proving fault in an accident claim typically means gathering evidence. Your medical records and the official accident report are a good start. Witness testimony is also helpful, along with any surveillance camera footage.
If the accident scene is confusing, for example, if it involves more than a couple of vehicles, a reconstruction specialist may need to be brought in. These are only a few examples of the type of evidence you may need to prove fault in an accident claim.
Can More Than One Individual Be Responsible for My Accident?
More than one person can be liable for the same accident. New Mexico is a pure comparative negligence state. Several other states follow comparative negligence guidelines like Texas and Florida, but New Mexico takes it a little further.
Comparative negligence only allows liable parties to file an accident claim if they’re not more than 50% responsible for the accident. Pure comparative negligence allows you to pursue compensation even if you’re 99% liable for the accident. However, your compensation amount is reduced by your percentage of the blame.
So, if your settlement is for $100,000 and you’re 75% responsible for the accident, you’ll receive $25,000.
Since pure comparative negligence can eat away at a huge chunk of your settlement award, gathering supporting evidence can be crucial. If you can’t prove you’re not fully or partially to blame, your potential compensation can be significantly impacted.
How Long Does the Insurance Company Have to Settle an Accident Claim
Some states have specific guidelines for when insurance companies must respond to a submitted accident claim.
New Mexico doesn’t impose any deadlines but the state does require insurance companies to settle claims reasonably promptly. We get that this is a little vague, and what you consider a reasonable amount of time probably isn’t the same as the insurance company.
Generally speaking, you should hear back from the insurance company after about two weeks after submitting a claim. Don’t get too excited, this doesn’t necessarily mean your check’s in the mail. Chances are, it’s only the insurance company letting you know they received it and are reviewing your accident claim.
The review process usually takes another couple of weeks before the insurance adjuster is ready to settle your claim or start negotiations. If your claim moves to negotiations, this can drag the process out for a few weeks or even months.
Hopefully, you can reach an acceptable settlement with the insurance adjuster. If negotiations fall through, the next step is filing a lawsuit in civil court. Yes, this is going to drag out the process even longer. Sometimes, it can take a year or so to settle a personal injury case.
To answer your question about how long an insurance company has to settle an accident claim, it can be anywhere from a few weeks to over a year. Every claim is different so it’s also tough to compare your timeline to someone else.
How Long Do I Have to File an Accident Claim?
Like all other states, New Mexico has a statute of limitations in place on accident claims. The statute of limitations varies a little depending on the type of claim. You have four years to file a property damage claim.
For example, if you’re involved in an auto accident but only suffer vehicle damage, you should have four years to file a claim with the at-fault party’s insurance provider. If you’re the liable party, check with your insurance provider on filing deadlines. Your insurance provider may not give you four years to recover compensation.
When it comes to personal injury claims, you typically have two years to file with the at-fault party’s insurance provider. The clock starts ticking on the date of the accident. Once you file a notice of intent with the insurance company, the statute of limitations is met. This way, you have time to collect evidence and calculate your damages.
What Happens If the Liable Driver Isn’t Carrying Auto Insurance?
Even though it’s illegal to operate a motor vehicle in New Mexico without valid insurance, not everyone has a policy. If you’re involved in an auto collision with an uninsured driver, recovering compensation can be tough.
If you’re carrying uninsured and underinsured coverage, you should be able to receive some compensation from your provider. After all, this is why you have the add-on insurance policy. Your policy should cover your damages up to the cap.
If you still have remaining expenses stemming from the accident, you can file a lawsuit against the liable driver. However, since you’re suing the driver for damages you’re probably still going to be responsible for covering your expenses. Typically, if a driver can’t afford insurance they also can’t shell out funds to cover your losses.
Should You Work with a Personal Injury Attorney?
Unless you have a simple accident claim, it’s usually a good idea to partner with a personal injury attorney. From gathering evidence to handling negotiations with the insurance company, your attorney can take care of everything. If your claim goes to civil court, your attorney is ready to take care of the legal process.
