Recovering from a car accident is no easy task. These traumatic events can impact your physical health, emotional well-being, and financial situation. With an experienced Albuquerque car accident attorney on your side, you’ll be ready to face each challenge in your case.
An auto accident attorney can be a valuable resource if you need guidance or counsel for what steps to take following an accident. There are many processes to prepare for from discussions with insurance companies to gathering witness statements and filing a lawsuit. You are not expected to know all the right things to do and say in these situations; that’s one of the many ways an Albuquerque attorney can help you.
What should I do after an auto accident in New Mexico?
You should take steps immediately following the collision and after some time has passed. First, here are some guidelines for what to do right after a car accident in Albuquerque:
Stay at the scene of the car accident
Do not leave the scene of the crash. Going before you speak with the police could be treated as a hit-and-run crime in New Mexico.
Call emergency services
You should call emergency services to report the accident to the police. It is also likely that you or someone involved in the car accident will need medical attention or ambulatory services. You can also request that a bystander contact the police or rescue services.
Assess any injuries sustained in the crash
It’s essential to assess the severity of your injuries and the injuries of any passengers. If your injuries are severe, it is recommended that you stay where you are to avoid making your condition worse.
Check the surroundings of the auto wreck
You may or may not need to move your vehicle out of the traffic flow. Safety is the first priority, as you will want to avoid additional collisions or injury.
Exchange details with the other driver involved in the accident
Names, contact details, car insurance policy numbers, and license plate information should be gathered from other drivers involved in the car accident.
Try to identify witnesses who may have seen the vehicle accident
If any bystanders, pedestrians, or other drivers witnessed the crash, their statements and testimonies could be helpful. Try to get contact information for each person who can testify to the events of the impact.
Seek medical attention even if injury is not evident
In most cases, you should seek medical attention after a car accident. Even when you are symptom-free or think your injuries are minor, it is a good idea to be evaluated by a medical professional. Some car accident injuries do not become symptomatic for hours or even days after impact.
Contact an auto accident lawyer
Chances are high that you will face challenges if you pursue compensation from the insurance company. This process can be overwhelming, and the other driver’s insurance company does not have your best interests in mind. Having an Albuquerque, NM, car accident attorney on your side can improve your chances of receiving fair compensation.
After you address all of the urgent and emergency needs, there will still be steps you need to take to keep moving your case forward.
Notify your insurance company of the accident
You should file a car accident claim as soon as possible following the crash. If you do not file within a reasonable time, the insurance company may deny your claim. What is a fair amount of time? This is usually considered a few weeks, but taking action on your insurance claim as soon as possible is the best plan to avoid any consequences for late filing.
Prepare for your consultation with your auto accident attorney
For you to have the most helpful and informative consultation, you’ll want to be prepared for your appointment. Gather any documentation you have about the accident, and be ready to provide the lawyer with details such as:
- Location, date, and time of the accident
- What happened during the accident/what caused it
- Insurance and contact information of the other driver
- Conversations you had with the other driver or the responding officer
- Witness information or statements
- The injuries you sustained from the accident
- Diagnoses, treatments, or other medical information about your injuries
The consultation allows the car accident attorney to understand your case, but it is also a good time for you to get to know them and decide if they are the right attorney for you.
Our car accident attornesy will advise you not to speak to the insurance company
At some point after the accident, the other driver’s insurance company will reach out to you. An appraiser or other representative may request that you provide a statement. Do not do this. Often, the insurance company employee will be very friendly and seem like they are on your side, but they aren’t.
The insurance company will try to minimize their financial obligation to you. If you provide a statement, they will likely use whatever they can from that statement to justify offering you a lower settlement. Speak with a car accident attorney in Albuquerque before speaking with the insurance company.
Gather and keep as much documentation as possible during this process so that your auto injury lawyer can help you
Documentation is essential and helpful for your case. Try your best to keep track of all the paperwork, medical after-visit summaries, lab results, emails, and other documentation pertaining to your case. It will be your car accident lawyer’s job to present your case in a way that shows the significant impact the collision has had on you.
The Full Effect of a Car Accident in Albuquerque, NM
If you’ve been involved in a motor vehicle accident, you are likely well aware of how such an event can impact your life. Physical pain, psychological trauma, property damage, missed work, and medical treatments are all expected after an accident. Each situation is different, and there is no way to predict your prognosis or day-to-day life after a car accident.
Common auto accident injuries include:
- Broken bones
- Neck and spinal cord injuries
- Cuts and bruises
- Internal organ damage
- Amputations
- Brain injury
In addition to the physical pain and suffering you may be dealing with, it is common for car crash victims to experience intense and sometimes debilitating psychological trauma. Mental health is equally as important as physical health, and emotional pain and suffering that requires counseling or therapy services can be included in the compensation award.
Even after all you’ve been through, what you’ll face in the future from your severe injuries is uncertain. An Albuquerque car accident attorney can help you fight for the compensation you need and deserve to cover these expenses.
What to Know About Car Accidents in New Mexico
According to the New Mexico Department of Transportation’s 2020 annual report, a car crash occurred every 14 minutes, and someone was injured in a wreck every 38 minutes that year. Collisions, and injuries sustained from collisions, are unfortunately common throughout New Mexico.
Common Causes of Car Accidents in Albuquerque
Many things can contribute to car accidents, but the most common factors that lead to collisions in Albuquerque, NM, are:
- Distracted driving
- Drowsy driving
- Unsafe road conditions
- Driving under the influence
- Reckless driving
- Speeding
- Defective car parts
Why does the cause of the accident matter? The fault does not automatically fall on any driver after an accident; it must be proven. Negligence plays a significant role in determining fault in New Mexico car crashes. For that reason, determining the cause of the accident is crucial. A driver is not always entirely to blame for an accident, like when a severe weather event occurs or a car part is faulty. Causation must be established to hold the correct person responsible for your injuries.
Car Accidents and New Mexico Law
While having a knowledgeable Albuquerque car accident attorney representing you can remove a considerable amount of stress and responsibility from your shoulders, having a general understanding of state laws concerning your case can be helpful.
An Albuquerque car accident attorney can speak with you about comparative negligence
New Mexico follows a comparative negligence rule when determining fault in car accident cases. If the other driver was negligent and is found to be at fault for the accident, they may be liable for the damages you sustained. Comparative negligence means that an assessment of responsibility will occur on all the drivers involved and multiple drivers could be found at fault.
However, even if you are found to hold some fault for the accident, you could still be entitled to compensation. Whatever your percentage of liability for the accident, your payment will be decreased by that amount. For example, if you are awarded $100,000 but are found to be 10% at fault, your actual compensation will be $90,000.
Car accident lawyers can inform you about the details of statute of limitations
The timeframe you have to begin the legal process will vary depending on the type of case you’re involved in. The deadline for taking legal action after an incident is known as a statute of limitations. Here are some possible timelines you may need to be aware of if you plan on filing a lawsuit:
- Personal injury – three years
- Property damage only – four years
- Product liability – three years
- A lawsuit against the government – two years
- Wrongful death – three years after the victim’s death
Compensation Following a Car Accident in New Mexico
Car accidents often cause a ripple effect of negative consequences. The crash will cause property damage, injuries, and missed work that will inevitably impact other areas of your life. As bills pile up, it is common for many accident victims to be desperate for compensation, often leading them to accept an insurance company’s settlement offer.
A car accident lawyer in Albuquerque can negotiate with the insurance company to increase your settlement amount. The insurance company is not in the business of getting you more money, quite the opposite. They want to give you as little as possible. Your car accident lawyer is there to fight for you. If a settlement cannot be reached with the insurance company, your lawyer will also be ready to fight for you in court.
Claiming damages from an auto accident
With all the negative effects of an auto accident, people often wonder what they can claim compensation for. Here is a list of some damages that you may be entitled to in New Mexico:
- Medical expenses
- Property damage
- Lost income
- Loss of earning potential
- Pain and suffering
- Permanent scarring
- Loss of enjoyment of life
- Mental anguish
Any injury you sustain from a car accident can cause substantial negative consequences, but some injuries create significant long-term challenges. These include:
- Traumatic brain injuries
- Spinal cord injuries
- Amputations
- Severe burns
- Loss of organ function
- Severely broken bones
With the help and support of a car accident attorney in Albuquerque, you may be able to recover compensation to help you move forward and adjust to your new life after your accident.
Punitive damages in New Mexico car accidents
Punitive damages may be awarded in cases where the other driver’s actions were malicious, intentional, or grossly negligent. These are often seen in lawsuits involving drunk driving or extremely reckless driving, as punitive damages are intended to punish the at-fault driver and provide further relief to the victim. However, any case where the negligent driver acted with intentional malice or wanton disregard for others could be eligible for punitive damages.
New Mexico also allows car crash victims to claim future expenses and damages.
Pain and suffering in auto accident lawsuits
Severe and permanent injuries will impact your life for years, if not forever. You deserve compensation that will take into account the future needs that these injuries cause. The court can consider your future pain and suffering when determining the amount of compensation to award.
Medical expenses that arise as a result of car crashes
You may also be entitled to compensation for medical expenses and costs that you’ve already accumulated and are likely to incur in the future due to the crash. A disabling injury will require extensive and long-term care, and your car accident attorney can help you receive compensation that reflects this.
Lost wages from auto accidents
Recovering from the financial impact of a severe car accident becomes nearly impossible when you are also experiencing injuries that prevent you from working. You can receive an award for lost wages and future earning capacity if your injuries impact your ability to work.
Why working with a car accident attorney in Albuquerque is a good idea
If your accident involved wounds, loss of life, or substantial property damage, contacting a car accident attorney in Albuquerque, New Mexico, is a good idea. You aren’t required to work with an attorney after an accident, but many people choose to because of the enormous benefit of having a strong advocate. If a serious car accident has affected you, an auto accident attorney can be an excellent resource for recovery.
They help you focus on recovery
By taking all of the challenging, complex, and time-consuming tasks associated with preparing and filing claims away from you, a car accident lawyer allows you to focus on your physical and mental recovery. There are many steps in a car accident lawsuit, including organizing evidence, obtaining witness statements, assessing crash reports, and identifying experts to testify. When healing from the devastating effects of an auto accident, you need all the rest you can get. A car accident attorney in Albuquerque can help you on your road to recovery.
They can reduce your stress
Stress is everyday after a traumatic event, but it can also make your condition much worse. An auto accident attorney can take over all aspects of your case. Knowing that a knowledgeable expert is handling things on your behalf can be a relief, and having less to deal with may also go a long way toward relieving your stress.
Your compensation amount may increase with a lawyer.
Overall, a higher percentage of people represented by auto accident attorneys received compensation from their claim than those who represent themselves. Plus, people who hire a lawyer to handle their car accident claim generally receive significantly more money than those who go it alone. Don’t let the insurance company or anyone else make you feel like you have to settle for a lowball offer. When your injuries and the impact on your life are significant, you deserve compensation to match.
What to Look for in an Albuquerque Car Accident Lawyer
The attorney you choose should have experience and a successful track record in handling car accident cases in Albuquerque, NM. Your lawyer will be responsible for all facets of your case – negotiations with the insurance company, advising you on the next steps, filing a lawsuit, gathering evidence, building a strong court case, and representing you at trial. These are not responsibilities to be taken lightly, and your car accident attorney should understand that.
No outcome is guaranteed, but the right lawyer should be able to improve your chances at success. You will want someone who has a solid understanding of New Mexico auto accident laws. Your attorney should also have a good reputation amongst other attorneys and throughout the Albuquerque community. It is expected that you will have questions throughout the process, and you need someone who is ready and willing to answer them.
To maximize your chances of a favorable outcome, you will want to consider the following traits and factors when choosing an Albuquerque car accident attorney:
- Reputation
- Track Record
- Experience
- Responsiveness
- Flexibility
- Reliability
Your lawyer should understand that you have overcome significant obstacles to get where you are and that you will likely face additional hurdles on your path to recovery. The best auto accident attorney will do everything they can to help you along the way.
Frequently asked questions of Albuquerque car accident lawyers
Will My Case Settle Before it Goes to Court?
Not every auto accident needs to go to court. Many, if not most, can be resolved without filing a lawsuit.
Frequently, Collins & Collins, P.C. can settle claims without filing a lawsuit. Settling things out of court can keep litigation costs down. More importantly, it helps get a fair and prompt resolution of your claims while avoiding extremely stressful and intrusive litigation.
On the other hand, there are some insurance companies and adjusters that just will not play fairly. In these cases, litigation is unavoidable.
Filing Suit May be Necessary for a Fair Resolution of Your Claims
Even though most cases will settle without litigation, it is essential to proceed as if every case will go to trial.
As with all industries, there are good and bad insurance companies. Some will not offer a fair settlement for your claims no matter how well the liability and damages are proven.
In these cases, there is no option but to file a personal injury lawsuit. In cases of clear liability and damages, even the worst insurance companies will often come around during litigation. Unfortunately, this may not occur until shortly before trial. There are also those cases where a trial is necessary.
The litigation process can be long and stressful, and anyone entering into litigation should understand this and prepare accordingly. However, understanding the process and having an experienced Albuquerque auto accident attorney at your side can go a long way to minimizing stress.
Should I talk to the insurance company after my accident?
DO NOT TALK TO THE INSURANCE COMPANY
Insurance issues are common. Not only are they expected, but they can also potentially dictate compensation limits for personal injuries or wrongful death resulting from an auto accident.
Even before an auto accident victim considers contacting a car wreck attorney, the victim or their surviving family will likely receive calls from the insurance companies.
It is imperative to understand your rights in these cases. First and foremost, if you or a loved one has suffered severe injury or death, DO NOT TALK TO THE INSURANCE COMPANY. No matter how friendly they may seem, the adjuster is not your friend. The adjuster’s goal is to minimize payouts which means their interests are directly opposed to yours.
Who Pays My Medical Expenses When I Get Hit by an Uninsured or Underinsured Driver?
Unfortunately, the above question usually comes too late to do any good. In other words, the question is generally asked after an auto accident instead of before when knowing the answer could have done some good. Generally speaking, the party responsible for medical expenses depends on the policy language of whoever has insurance in the accident. It is best to ensure your policy has language that protects you in the event of an accident with an underinsured or uninsured driver.
Health Insurance
The first part of this answer is a surprise and a disappointment to those in a position where the answer is important and timely. In short, your health insurance will likely be the primary source of coverage for your medical expenses in an auto accident. Worse yet, you alone will be responsible for your co-payments and deductible. The other driver’s insurance will not pay until there is a complete and final settlement of the claims.
Medical Payment Auto Insurance Coverage
Medical payment insurance coverage, often referred to as Medpay coverage, can be purchased in advance to help cover medical expenses in an auto accident. Medpay will pay medical expenses up to the coverage limits in your policy. The coverage is no-fault coverage, so your insurance company should not dispute with you whose fault it was.
It would be wise to purchase as much as you can. Referring to the discussion on health insurance, MedPay can supplement it or act as your stand-alone medical insurance coverage. If you are in the latter position, you may find yourself in a bind quickly in the case of a severe accident.
Many people purchase MedPay in limits of $2500 or $5000. Medical expenses can exceed these on the first ambulance ride to the hospital. In cases of serious injuries, these limits are trivial compared to your actual medical cost. MedPay can effectively supplement health insurance to make your co-pays and deductibles more affordable. Even then, you may be in debt obtaining medical treatment with minimal limits.
Uninsured Drivers in New Mexico
All this seems pretty unfair to an innocent injured driver so far. The news gets worse. It may be that the other driver cannot ever pay for your medical expenses or any other damages such as lost income. Nowhere is this more prevalent than New Mexico, which has among the country’s highest rates of uninsured drivers.
In other words, you will never recover money from the other driver. After all, if the driver has no insurance, they likely have no assets to insure against which you could get a judgment. Lawyers refer to this as a judgment-proof defendant.
The level of uninsured drivers is terrible enough. Many more are grossly underinsured to cover a severe accident. The required liability insurance coverage limit in New Mexico is only $25,000.00. Medical expenses will easily exceed this amount in a severe car accident. So without health insurance or MedPay coverage, you could again find yourself in a real financial bind.
The best way to protect yourself from this scenario is to purchase uninsured/underinsured motorist coverage. It would be best if you bought not only it but also a lot of it. It is actually among the best deals going in insurance in terms of affordability. It is the best protection you can get in a severe car accident.
Will a Failure to Obtain Medical Treatment Harm My Auto Accident Claims?
The question of how failing to get medical treatment following an auto accident will affect the claim fairly frequently arises. The answer will depend upon the circumstances.
Inability to get Recommended Medical Care
The fact is that many people that are injured in auto accidents have no access to medical care. Unfortunately, many of those injured have no medical insurance. Likewise, they often do not have auto insurance medical payment coverage which would cover medical expenses up to a set limit in case of an auto accident.
Insurance companies frequently dispute the necessity and amount of medical care needed after an auto accident. In addition, the insurance carrier for the person or entity that caused the injuries will not and does not have to advance these costs before a settlement or judgment. The insurance company frequently disputes the necessity and amount of these medical expenses.
In such cases, failure to obtain recommended medical treatment would not necessarily harm your case. However, it does make the case a little more complicated.
Willful Failure to Obtain Medical Treatment
The situation is very different in those cases where the injured person willfully fails to obtain treatment. This would involve the injured person having access to medical treatment but failing to get it.
Whether or not a failure to get medical treatment will affect your case will depend on why you did not get medical care. Willful failure may harm the case, while an inability to get care will not. This comes up more frequently than one might expect. There are those cases where the person simply does not follow the advice of medical providers in treatment. In other words, the person refuses to follow the treatment recommendations.
Far more often, the situation involves patients that miss appointments and follow-ups. The failure to keep appointments and follow-ups can have significant negative consequences for the settlement of a case.
No Medical Treatment, No Injuries?
The insurance adjuster will often assume that the failure to obtain treatment when it is available or the inability to keep appointments is an indication that the injuries and harm either do not exist or have been exaggerated.
Medical documentation proves that your injuries exist. A lack of documentation does not necessarily mean there were no injuries, as the insurance company may argue. This makes the settlement of the claim more difficult. Medical documentation of injuries is crucial to a settlement or trial if it comes to that. Without medical documentation, it is exceedingly difficult to prove injuries.
Moreover, medical documentation showing the failure to get recommended treatment where it is available can be equally or even more damaging. After all, if medical treatment is available and the injured person fails to obtain it for no good reason, it might be questioned how serious the injuries are.
Estimates of Future Medical Expense
The damages or recovery in a personal injury case will often include recovery for future medical expenses. In those cases where the injured person willfully neglected medical treatment, calculating future costs can be complicated.
Estimating future medical expenses is very important and is difficult to calculate. The more common situation is where the injured person cannot access medical treatment. In those cases, calculating future medical costs is critically essential and relatively challenging.
The calculation of future medical expenses is often dependent upon the treatment recommendations of a medical provider. In other words, a medical provider may require surgery. It is then necessary to estimate what that surgery will cost.
In cases where an individual can not afford medical care, an attorney may know of a way to help get medical treatment for these people. In those cases where the injured person has no access to medical care, this can be somewhat challenging. However, an experienced personal injury attorney can often find a medical provider for these purposes at no advance cost to the patient. This is done under a letter of protection, which is worth learning about if you do not know.
What is Stacking of Uninsured/Underinsured Auto Insurance?
People often do not understand the stacking of insurance uninsured/underinsured coverage (UIM) in car accidents. Many are not aware that it is a possibility. Many others have waived coverage based upon a fundamental misunderstanding of UIM. Sadly, many others have been deliberately deceived by insurance companies to encourage waiver of coverage.
Because many do not understand UIM coverage, this will be addressed briefly below, following the discussion of stacking.
Stacking of Uninsured/Underinsured Motorist Coverage
Stacking is automatic where there are multiple vehicles with underinsured coverage. The law in New Mexico requires stacking of coverage. This means it is automatic when UIM is available.
Stacking means you stack or combine UIM coverage from all vehicles in your household. In short, if you have two cars with $25,000 in UIM, you have $50,000 total UIM coverage. This is true if you have two vehicles or ten cars.
Stacking applies to all cars in the household, which means it applies to any auto insurance policy on any vehicle carried by anyone living in the home.
When you understand the facts regarding auto insurance in New Mexico, you will realize how important stacking is to protect you and your family. On a more fundamental level, you will also understand the importance of having UIM coverage on each vehicle in your household.
Basic Facts of Uninsured/Underinsured Coverage
Uninsured/underinsured coverage protects you in accidents with many drivers who have no insurance or insufficient insurance. Uninsured/underinsured coverage is just what it sounds like. Insurance coverage protects you in an auto accident with an uninsured or underinsured driver.
“Uninsured” is pretty straightforward and needs no explanation other than to say New Mexico leads the nation in uninsured drivers.
Underinsured is pretty straightforward as well. New Mexico law requires only $25,000 in liability coverage. The great majority of New Mexico drivers carry only minimal requirements. This means that in the vast majority of accidents in New Mexico, the driver will have only $25,000 in coverage, if they have any at all.
In serious accidents, $25,000 is grossly insufficient to cover even basic medical care, much less other damages such as lost income. This is an underinsured situation where your UIM coverage will kick in if you have what you should. Not only should you have it, but you should carry a lot of it. It is the best deal in insurance, which explains the reference mentioned above to insurance companies trying to talk you out of it.
Can the Insurance Company Exclude Stacking Coverage on Cars Not Involved in the Accident?
Auto insurance issues, on the whole, are confusing, and sometimes it seems the insurance companies make them so deliberately. Uninsured and underinsured motorist coverage (UM/UIM) is among the most confusing issues, and many insurance companies do everything they can to deny lawful coverage.
Stacking uninsured/underinsured coverage is among the most critical aspects of UM/UIM coverage. In New Mexico, UM/UIM coverage stacks on all policies within the household unless the insured has properly refused the coverage. ”
“All cars“, means all cars in the household, not just the one involved in the accident. Even though there are adjusters who will suggest otherwise, this would make no sense at all if you think about it.
If and when the auto insurance company suggests there is no stacking coverage despite multiple vehicles in the home, contact an experienced auto accident attorney immediately.
Strict Requirements for Rejection of UM/UIM Auto Accident Coverage
Rejection of uninsured/underinsured motorist coverage is a bad idea. Fortunately, the law provides some protection against making an uninformed decision.
You may take the exceedingly bad decision to reject stacking coverage, just as with the rejection of UM/UIM. Denial of UM/UIM must meet strict criteria in New Mexico. How coverage might be rejected appropriately has been the topic of numerous New Mexico Appellate Court cases over the last several years. The same requirements for rejection of UM/UIM apply to the rejection of stacking. Suffice it to say that an insurance company cannot try to slip an exclusion of stacking by you.
Again, this means that all policies in the home under the same policy will stack. Naturally, this means that stacking applies even to those cars not involved in the accident. It also means that stacking applies even though the policy excludes those vehicles unless there has been a proper and legal rejection of UM/UIM or stacking. An exclusion cannot be buried in the policy. There must be a clear and knowing rejection of coverage.
Insurance Companies Tactics to Avoid UM/UIM Auto Accident Coverage
Some insurance companies will do everything they can to avoid UM/UIM coverage, including stacking coverage, despite their contractual obligation.
The question comes up in light of a recent South Carolina Supreme Court case that dealt with the attempted denial of stacking by an insurance company whose policy had an exclusion of stacking coverage for any vehicles not involved in the accident.
Nice try, insurance company, but what is the point of stacking if it does not include the vehicles on the policy not involved in the accident. After all, how likely is it that the family will suffer a 5-car pile-up involving four family-owned cars caused by the 5th driver? The exclusion would effectively negate stacking entirely.
These kinds of insurance practices have led to the rash of recent cases in New Mexico regarding UM/UIM coverage and the proper rejection of such coverage. Some insurance companies will do everything they can to avoid UM/UIM coverage despite their contractual obligation.
In addition to attempting to avoid coverage even though it is available under the policy, some insurance companies will do everything they can to get you to reject UM/UIM coverage.
UM/UIM Coverage Critical in Serious Auto Accidents in New Mexico
UM/UIM may be the only coverage available to compensate you for your injuries in a car accident. Getting as much coverage as possible on every car in your household is important. The stacking may be the most important coverage of all.
Get as much UM/UIM coverage as you can afford, and get it on all vehicles within your home. It is a vitally important protection for you and your family.
Ask yourself why insurance companies would go to such lengths to avoid coverage that would result in additional premiums. The answer should be obvious. To the New Mexico Courts, it was, and this is why insurance companies are now required to provide information on the difference in premiums for coverage with and without UM/UIM.
The conclusion is equally apparent, get UM/UIM, get as much as you can afford, and get it on all vehicles within your home. It is a vitally important protection for you and your family. This is so in every State but perhaps never more so than in New Mexico, which has among the highest rates of uninsured motorists in the country.
Why Are My Prior Injuries and Medical Conditions Relevant to My Car Accident Case?
This is an excellent question that we get pretty often. It is a question that we ask the insurance adjusters quite frequently. Moreover, it is a much broader question including all prior injuries or medical conditions and typically must be addressed in every New Mexico personal injury case.
The simple answer is that your prior conditions will not prevent you from recovering and may not matter. There may be cases where the prior injuries or conditions cause the subsequent car accident to have much more severe consequences, with a more significant recovery than it otherwise would have.
Insurance companies will often suggest otherwise, which is why having an experienced personal injury attorney is advisable.
Preexisting Injuries and Medical Conditions in an Albuquerque, NM car accidents
In legal terms, the issue is referred to as preexisting injuries. Preexisting injuries must be addressed. The simple fact is that the insurance company will not, and realistically should not, have to pay for injuries that occurred before the accident and were unrelated to the accident.
However, unraveling what was caused by accident and what wasn’t is not always that easy. For instance, if you have a prior back condition and you get into a car accident, the adjuster will likely argue that the weakened health of your back caused a more severe injury to occur.
More to the point, should the prior back injury prevent you from recovering on your auto accident claims?
Could my prior injuries and/or medical conditions prevent me from collecting money in my auto accident case?
The answer here is YES! Prior conditions will be considered. As suggested, the challenge is determining what injury occurred as a result of the accident, what was worsened as a result of the accident, and what was unaffected by the accident.
The insurance company may claim that you were not injured at all in the accident but rather all injuries preexisted in the auto accident. Naturally, the insurance adjuster may argue that the injuries and conditions were completely unaffected. By some miracle, they will argue that despite the violent collision, you were not injured by the car accident and are no worse off than before. From this, they will conclude that there are no injuries or damages and probably offer you little to no money for your injuries.
This argument is quite common. It is, in fact, the basis for what is a common practice of offering very low settlement amounts for a quick (and lopsided) settlement of your personal injury claims.
Do not be intimidated by the adjuster. Likewise, do not trust that he or she is on your side, as they often proclaim. Suppose you have been seriously injured and have preexisting injuries. In that case, you really should seek the guidance of an auto accident attorney that is experienced with handling insurance companies and handling preexisting injuries.
Fully Disclose Your Preexisting Conditions
Assuming you contact an attorney, one of the first things that he or she will ask is about your preexisting injuries, health conditions, and medical treatment. Do not be alarmed. The attorney needs this information to competently and successfully resolve your personal injury claims.
Not disclosing preexisting injuries and conditions can seriously damage your personal injury case.
Before settlement or trial, if it gets to that point, the insurance company will have obtained all of your medical records, typically for the past ten years. It is safe to assume that they will discover the concealment of preexisting conditions. As is often the case, the concealment itself will do far more harm than the preexisting injuries.
The attorney will be able to explain why the preexisting conditions are irrelevant to the calculation of damages. Moreover, your attorney can handle your preexisting conditions. The attorney will be able to explain why the preexisting conditions are irrelevant to the calculation of damages. The attorney may also be able to show how the preexisting injuries resulted in even greater harm. This leads to a discussion of the “eggshell plaintiff” rule, which means the insurance company is liable for any additional injuries caused by the preexisting conditions.
Inform Your Attorney of All Preexisting Injuries and Conditions
In short, do not worry about your preexisting injuries or conditions. Let the attorney handle it. An experienced car crash attorney will know how to work through these issues.
But remember that the attorney must be aware of them to properly handle them. So be honest with your attorney regarding your prior injuries and conditions. To do otherwise will likely damage your claim and may result in your attorney withdrawing from your case.
Should I Talk to the Other Driver’s Insurance Company After a Car Accident?
The answer is not completely clear-cut, and attorneys have differing schools of thought on this issue. However, most will probably agree that it is best to consult with an attorney before any discussions with the opposing insurance company. As discussed below, this is particularly true of the “recorded statement.”
The reason for this is clear. The opposing insurance company’s interest is in direct conflict with your own. The insurance company will want to pay out as little as possible. This means that any discussions with them, no matter how friendly the claims representative seems to be, have the potential to harm your claim.
What may seem like a friendly discussion is, in all likelihood, a fairly (if not highly adversarial) encounter.
Notice of a Claim v. Discussion of a Claim
Talking to the other driver’s insurance company is rarely to your advantage early on. On the other hand, it could be very damaging to your claim.
There is a difference between notifying the insurance company and entering into discussions with the insurance company. Typically, both your and the other insurance company should be notified of the accident. But even this is often best done with the assistance of an attorney. The attorney will primarily be trying to determine insurance coverage. In many cases, the attorney will seek insurance that will allow you to get medical treatment where necessary. These early discussions are rarely if ever, designed to settle a claim quickly. If they are, you may consider seeking a second opinion from other attorneys in most cases.
Again, a notice of the claim and a discussion of the claim are two different things. The insurance company’s goal will be to pay as little as possible on the claim. A zero payout would be optimal and should be no surprise as insurance companies are in the business of making money and are not prone to acts of generosity.
Insurance companies often make a very low settlement offer to reach their goal. Injured persons often take the low settlement because they are in dire need of the funds for medical treatment or for lost wages, which can quickly lead them and their families to financial ruin. Unfortunately, the settlement process can be quite complicated and lengthy. Rest assured, a quick settlement is very rarely a fair settlement, even if it provides some immediate relief.
Should I give a recorded statement?
There is seldom a good reason for giving a recorded statement. You get nothing in return from the insurance company while having much to lose.
The insurance company will request a recorded statement for those injured persons who recognize this fact and want to wait to determine their actual losses (medical bills, future lost income, permanent injuries, and so on).
Most lawyers will agree that you should not give a recorded statement to an insurance company without at least consulting with an attorney.
The recorded statement can be quite damaging for several reasons.
Sometimes, the statement may legitimately show that you do not have a valid claim. If you do not have a claim, then you do not have a claim. However, what is of concern is the recorded statement that is taken with the intent of undermining a legitimate claim.
Not all insurance companies or claims representatives engage in such tactics, but when they do, it, at a minimum, greatly complicates your case. In cases of abusive tactics, these statements may be taken in an adversarial manner, sometimes resembling cross-examination with the sole purpose of undermining or invalidating your claims. Because most injured persons have little experience with the legal system (including sometimes complex issues of insurance coverage, liability, fault, negligence, or damages issues), they are very vulnerable to manipulation and abuse.
What Happens if I am Harmed During Medical Treatment Following a Car Accident?
A car accident will often result in personal injury, sometimes very serious personal injury, requiring medical treatment. Unfortunately, that medical care often leads to further injury and, on occasion, to significant injuries or even wrongful death.
Who is Responsible?
The question is, who is responsible for the injuries suffered during medical treatment, or better yet, who all are responsible?
Does the question then arise of who is responsible for those subsequent injuries or death? More specifically, for our purposes here, is the driver that caused the original auto accident responsible for the subsequent harm caused by medical malpractice?
To be clear, in New Mexico, yes, you may recover damages for harm suffered during medical care necessitated by the accident. You may have a separate medical malpractice claim, but that does not prevent your additional auto insurance claims.
Auto Insurance v. Medical Malpractice Claim
You might have a medical malpractice claim if the injuries or death arose from medical negligence. In the case of injuries or wrongful death arising from medical care, you might have a medical malpractice claim if the injuries or death arose from medical negligence.
However, this would be above and beyond any claims related to the auto accident. Any additional harm resulting from medical care, even where the care was negligent, is recoverable under the auto insurance claims.
Moreover, you may have claims for your injuries and damages related to medical care even where the medical care is negligent.
In short, medical care is clearly anticipated in case of injuries suffered in an auto accident. Medical procedures often come with risks, which are borne out by additional harm. Any harm resulting from that care, whether or not it was negligent, is recoverable as part of the auto accident insurance claims. In addition, even negligent medical care may be anticipated under New Mexico law, so such negligence does not let the other driver or the insurance companies off the hook.
Medical Malpractice Can be Anticipated Following a Car Accident
The insurance company for the driver that caused the accident will typically try to cut off responsibility for subsequent harm caused by medical negligence. The insurance company will argue that the at-fault driver should not be held responsible for many reasons.
First, the insurance company may argue that the subsequent harm was outside its insured driver’s control. Perhaps this is true, but their driver set the chain of events leading up to the harm in motion.
Second, and related to the first, the insurance company will argue that medical malpractice cannot be anticipated and is completely unforeseeable.
Again, this is related to the first, with the insurance company suggesting that it should not be held responsible for the harm it could neither anticipate nor prevent.
The insurance company will lose on both counts under well-established case law in New Mexico.
You can recover for any additional injuries suffered through medical care arising from an automobile accident.
What is a Letter of Protection in a Car Accident Case?
Sometimes, the greatest challenge for those injured in automobile accidents is getting the necessary treatment for their injuries. Often, the injured person will have no insurance, auto or medical, to cover the treatment. Worse yet, the negligent driver’s insurance will not pay until the case is settled.
This means that the injured person must seek alternative means of obtaining medical treatment. One possibility is a letter of protection from a personal injury attorney.
A letter of protection from an attorney lets the medical provider know that medical care related to the auto accident will be paid for from any settlement or judgment proceeds.
A Letter of Protection is Not a Guarantee of Payment
First, the letter of protection does not guarantee that the doctor will be paid. Instead, it is a guarantee that the medical or another treatment provider will be paid in the event that there is a settlement or verdict. If there is no settlement or verdict, the attorney is not responsible to the provider for your medical bills.
This leads to the question, “Who is responsible for the treatment if there is no settlement or verdict?” The answer, unfortunately, is that you are solely responsible for the medical and other treatment expenses if there is no settlement or verdict. This is a possibility, so it is important that you choose your attorney wisely.
A thoughtful personal injury lawyer will give you a frank assessment of the merits of your case. This is important to you since if your case does not pan out, you may be facing some pretty significant medical and other treatment liens. It is equally important to work with an attorney that has relationships with providers that will avoid such an outcome. This is another topic.
Why Doesn’t the Other Negligent Driver Have To Pay My Medical Bills Now?
This is a very common question. In fairness, it would seem that the person that caused the accident should have to pay for your medical expenses necessitated by their negligence. In the end, the responsible party will have to pay for medical expenses and other damages. However, this payment will not come until the case has been settled or gone to trial. In the meantime, it can be a real struggle for some to get the treatment they need.
This is a hard reality for those injured in car accidents. It can also put the injured person in a very difficult position. The issue will come up most frequently for those that can least afford it, those who lack insurance coverage to get the medical treatment they need.
Those that have insurance can use their auto insurance MedPay coverage to get treatment. They can also use their private health insurance. These options are simply not available to many. Getting medical treatment after an auto accident without insurance can be a challenge, to say the least.
There are many facets to this problem. First, the other driver’s insurance company is not going to pay for medical damages until they have fully investigated the claim. Neither will they settle until the injured party has agreed to a full release of claims. In fairness to insurance companies, it makes perfect sense to want proof of claims before paying them. However, minimizing payouts, not fairness, is typically the insurance company’s motivation.
How is liability determined in auto accident cases in New Mexico?
Many insurance companies begin with the baseline argument that there is a liability on the part of their driver. Even when liability is clear, the insurance company may start with a position that it was equally or partially your fault. They do this to invoke comparative negligence principles to reduce their own liability.
Thus, the first challenge is to show or prove to the insurance company that its driver was at fault and therefore responsible for all damages. The next part of the investigation will involve actually proof of damages. This will include proof of medical damages.
How do I Get Medical Treatment for My Injuries in a Car Accident?
One of the first and most important issues for someone injured in a car accident is how they can get treatment for their injuries. Unfortunately, treatment can be a significant challenge for those without insurance. So task number 1 is to determine if there is insurance.
There are a number of possible insurance options for injuries suffered in an auto accident. Like any other injury, the person will be able to seek treatment under private health insurance.
Private Insurance
Private insurance is obviously the best way to go for treatment. Unfortunately, many do not have it, or they have insufficient coverage. This then requires other options.
Private health insurance is obviously not available to everyone. Even if there is private insurance, the deductibles may cause significant financial strain. In the event that there is no private health insurance, the next place to look will be your own auto insurance. This may help both with medical care in the absence of insurance and deductibles where there is insurance.
Many auto insurance policies have Medical Payment Coverage (MedPay). Fairly standard MedPay coverage will be for $5000. It may be higher or lower depending on the policy. MedPay coverage is optional, as are the policy coverage limits.
In the event that you have MedPay coverage, you will be able to seek medical attention under the coverage with the insurer paying the medical provider directly. It will be important to notify the medical provider of your intention to use MedPay coverage to avoid billing problems.
A Letter of Protection can be a blessing after an auto accident
A letter of protection from an Albuquerque auto accident attorney will be accepted by many doctors to allow treatment. However, there are many doctors that do not accept it, most notably orthopedic doctors.
If you have no private health insurance or MedPay coverage, there are few other options for obtaining medical care unless you are Medicare or Medicaid eligible. One possible option depending upon the type of medical care needed, is a letter of protection from a lawyer. A letter of protection basically guarantees that the medical provider will get paid from any judgment or settlement proceeds.
Unfortunately, many medical providers will not take patients on a letter of protection. This is particularly true of the providers most needed in auto accident cases– orthopedic doctors and surgeons. It can be quite challenging at best to find orthopedic doctors and other specialists that will accept a letter of protection.
There may be other possible solutions. Every case is different and deserving of individual analysis of coverage and care options. This applies to all aspects of insurance coverage and medical care. In addition, the options may be dictated by locale. For instance, it will be easier to get medical care on a letter of protection in larger metropolitan areas. This also means that if you are willing and able to travel, you will have greater treatment options.
Do I Have to Pay My Insurance Company Back For Medical Treatment From My Personal Injury Settlement?
The short answer is yes; you do have to pay back the insurance company for the medical expenses covered by insurance. This would include repayment of auto medical payment coverage as well as health insurance coverage.
It also includes Medicare and Medicaid, which are, in fact, the most important to account for due to the penalties for not paying or paying late. However, this is a topic for another day.
Many people injured in car accidents are very upset when they discover that they must repay their insurance carriers. The typical response is that they paid for insurance, sometimes for years, so why must they pay back medical benefits when they use them? Intuitively, this may not seem fair. In fact, it does make economic sense.
Anyone lucky enough to have insurance coverage for injuries suffered in an auto accident should count themselves lucky. Many injured persons face enormous challenges in getting necessary treatment following an accident. In fact, getting treatment can be the greatest challenge related to a car accident.
Insurance Company Liens
Basically, if you do have coverage of some kind, the insurance will cover the medical expenses as dictated by the insurance policy. The insurance company, in effect, advances the costs of medical care while reserving a lien on any future proceeds available to cover the expenses. Keep in mind that if there is no recovery and therefore no other funds, the insurance company will have no lien, and you will owe nothing beyond what you contracted for in your policy.
However, if there is a recovery, then presumably, the money recovered is coming from the person (or his insurance company) who was responsible for the accident. This is the very basis for liability and recovery. In other words, the person who causes the accident should pay for the damages. Your own insurance company should not have to pay for the other insurance company’s responsibilities.
This makes perfect sense, yet the question still persists, why do I have to pay back my insurance company. The fact is if you do not pay back your insurance company, then you are doubly compensated for your injuries. The basis for your recovery is your injuries. These injuries are typically measured to a large extent via your medical treatment and hence your medical bills.
Any recovery, either by settlement or verdict, will reflect your injuries which at least in part are measured by your medical expenses. Therefore, the recovery itself will factor in the repayment of your medical expenses. If these were paid by your insurance company, then recovering on those medical expenses without reimbursing your own carrier is akin to a windfall recovery. In essence, you would then be recovering twice for the same medical expense.
Insurance Liens Are Negotiable
In short, you must pay back your insurance company for your medical expenses. Your carrier will claim a lien against the proceeds of any settlement or judgment. Failure to pay the lien will likely result in collection action against you.
That is the bad news. The good news is that you can often negotiate these liens down. The amount of the lien reduction will depend on the circumstances. An attorney experienced in auto accident cases and insurance issues will be able to address these issues with the goal of maximizing your recovery.
Can a Child Bring a Claim Against a Parent for Negligence in an Auto Accident?
The question might be more appropriately phrased: “Should a child bring a personal injury claim against a parent for negligence in an auto accident?” It comes up more often than one might think, as children are often injured in auto accidents as a result of the negligence of their parents.
A child can and should bring a claim against a parent for injuries suffered in an auto accident as a result of the parent’s negligence. The answer on both counts is yes, a child can and should bring a claim against a parent for injuries suffered in an auto accident as a result of the parent’s negligence. This might seem somewhat unsavory until you consider the issue more carefully.
Auto Liability Policies Cover All Passengers, Including Family Members
The claim is really against the auto insurance policy, not the parent. First, the claim is really against the insurance policy, not the parent.
Second, auto liability insurance covers passengers. It doesn’t matter that the passenger is a family member or a complete stranger. It covers injuries to both, including injuries to the negligent driver’s children.
Keep in mind that the parent pays for this coverage and therefore should utilize this where coverage is available. The coverage is intended to protect the family. This is what you pay for. There is no need to feel any guilt whatsoever in bringing a claim against the insurance company.
As mentioned, though we are located in Albuquerque, we handle personal injury matters throughout the State of New Mexico, including Rio Rancho, Santa Fe, Las Vegas, Roswell, Las Cruces, Gallup, and all points between. Contact Collins & Collins PC if you have been involved in an auto accident.