Car accidents can be terrifying and leave you feeling disoriented, but knowing exactly what to do in such instances can make all the difference in ensuring your safety and protecting your legal rights. In this blog post, we provide you with a comprehensive step-by-step guide on navigating the aftermath of a car accident in New Mexico – knowledge that could save you time, money, and even lives.

After a car accident in New Mexico, the first step is to stay at the scene and call 911 if anyone is injured. You should then exchange contact, insurance, and driver’s license information with the other parties involved, gather evidence by taking photos and talking to any witnesses, and report the accident to your insurance company. Lastly, consider contacting a personal injury lawyer like Ornelas & Serna, a trusted car accident lawyer team, to help you navigate the legal process and ensure you receive fair compensation for damages or injuries suffered in the collision.

Immediate Steps Post-Accident

Being involved in a car accident is a stressful and overwhelming experience for anyone. However, it’s crucial to keep calm and take necessary actions immediately to ensure the safety of all parties involved and to protect yourself from any legal consequences, such as lawsuits and statute of limitations issues, that may arise from the accident. Here are some immediate steps to take after a car accident in New Mexico.

Firstly, ensure that everyone involved in the accident is safe and any injured parties get immediate medical attention if required. Call emergency services for assistance, such as an ambulance, if necessary. Safety is the number one priority, so moving vehicles off the roadway safely should be done with caution.

Secondly, turn on your hazard lights to alert other drivers of an incident, helping them avoid the accident scene.

Taking photos of any damage or harm resulting from the mishap is highly recommended, as photographic evidence supports your version of what happened at the scene of the accident. Under no circumstance should anyone discuss who is responsible for an accident.

Now having taken initial precautions to minimize damage from the situation, let us move onto the next step– contacting law enforcement.

New Mexico Residents must report accidents involving injury or death by calling 911 immediately because these are emergency situations, which require police response and medical attention as soon as possible.

According to NMSA 1978 § 66-7-206: “Duty to give information and render aid — Penalties”, every motor vehicle driver involved in an auto crash resulting in injury, death or property damage exceeding $500 must stop their vehicle, exchange information with the other party and immediately report the accident to local authorities.

Even if no injuries or apparent damage resulted from the auto accident, it’s always a good idea to inform law enforcement. Calling the police ensures that an impartial third party documents the scene of the accident, takes statements from involved individuals and prepares an accident report objectively. This provides authoritative evidence to support insurance and legal claims, in which the Ornelas and Serna team can help with.

Essentially, not contacting law enforcement after a car crash is similar to ignoring a medical emergency – symptoms may not appear immediately but could flare up later when it might be too late to take necessary actions.

Moreover, insurance companies require a copy of the accident report before processing any claims.Therefore, you must ensure that you provide accurate information to law enforcement officers while reporting the incident to avoid future legal consequences because of misinformation submission. Keep in mind that in some states, registration and adjuster details would also be required as part of the investigation process. In cases involving children, life-altering injuries, or fatalities, courts might become involved in the proceedings as well.

Calling the Police and Reporting the Incident

Having reported the accident adequately, let us learn how you should proceed with exchanging crucial information between involved parties in the incident, keeping all parties’ safety and states’ requirements in mind.

One of the most important steps after being involved in a car accident is to exchange information with all parties involved. This includes obtaining names, addresses, phone numbers, license plate numbers, insurance companies, policy numbers, and vehicle registration details. It is important to obtain as much information as possible to avoid any issues that may arise during the later stages of filing a claim, especially when dealing with insurance adjusters or even the courts.

An analogy that may help you understand the significance of exchanging information with involved parties is thinking of it like exchanging contact information at a networking event. When you meet someone at an event, you make sure to exchange business cards or contact information so that you can follow up later. Similarly, after a car accident, you want to exchange information with all those involved so that you can follow up later with your insurance company and/or attorney as part of the claim process.

Anecdotal evidence can provide some insight into the crucial nature of exchanging information with involved parties. For example, imagine being involved in a car accident where the other driver provided conflicting insurance information or refused to provide it at all. Not having this critical piece of information can cause delays and problems when filing an insurance claim or personal injury lawsuit, leaving you dissatisfied with the content of the resolution.

In addition to obtaining information from all parties directly involved in the accident, it’s also essential to gather statements from witnesses who saw what happened. Witness statements can help strengthen your case if there are disputes regarding fault and liability.

It’s crucial to make sure that these statements are collected by police officers while they’re on the scene. However, if for some reason this wasn’t done at the time of the accident, reach out to any witnesses independently and request their statement in writing.

Now that you’ve exchanged necessary information with all parties and gathered statements from witnesses, let’s move on to assessing the situation and insurance coverage.

● According to the New Mexico Department of Transportation, there were 399 fatal crashes in New Mexico in 2022.

● A 2018 report highlighted that there were an estimated 40,000 motor vehicle crashes annually within New Mexico, resulting in approximately 20,000 injuries and deaths combined.

● New Mexico consistently ranks above the national average for car accidents per capita, with a 2019 study showing that the state’s fatality rate was 15.7 deaths per 100,000 people compared to the national average of 10.9 deaths per 100,000 people.

After assessing whether any injuries have been sustained and first aid has been administered, it’s important to take the time to assess the damages that have occurred to vehicles involved in the accident. This will help determine whether or not insurance coverage is necessary and how to proceed with the adjusters and other involved parties.

Exchanging Information with Involved Parties

Analogously, this can be likened to a judge checking their office records after a big family case. Just as reviewing your bank account will help you understand what payments need to be made and what kind of money you have available, assessing the damage done after an accident will help you understand how much it may cost to repair your vehicle and how insurance coverage can help with things such as a car accident claim.

It’s important to note that New Mexico is considered a “fault” state when it comes to car accidents. This means that whoever is found responsible for causing the accident will be financially liable for all expenses related to it. Drivers in New Mexico are required to carry minimum liability insurance coverage of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $10,000 per accident for property damage.

However, in some cases, drivers may choose not to carry insurance or may only have the minimum amount required, which may not cover all of the expenses incurred during an accident. In these cases, personal injury lawyers can provide valuable assistance, helping parents and their families navigate the legalities of the accident site.

It’s also worth noting that insurance companies may attempt to limit or deny claims depending on who they believe was at fault. This is why consulting with a personal injury attorney can be incredibly beneficial. Attorneys can ensure that your legal rights are protected while helping you navigate insurance company red tape.

Some people may feel apprehensive about involving attorneys due to concerns about cost. However, many personal injury attorneys work on a contingency basis. This means they don’t get paid until their client does through a settlement or judgment in court. Additionally, free consultations and 24/7 lawyer access provided by law firms such as Ornelas & Serna can help alleviate these concerns.

Now that we’ve covered the importance of exchanging information with all involved parties, gathering witness statements and assessing the situation and insurance coverage, it’s time to cover the next important step – seeking medical attention.

Assessing the Situation and Insurance

It’s important to note, however, that you should be careful not to admit fault or accept liability before the police report has been filed and you have an opportunity to review all available evidence. In most cases, your insurance company will investigate the details surrounding the accident before determining who is responsible.

Once you’ve informed your insurance provider of the accident, they will provide assistance in filing a claim and navigating through any post-accident procedures.

This may include arranging for car rentals, guiding you through any legal proceedings if needed, or providing instructions on where to get estimates for repairs. Your insurer will also work with you regarding any possible payouts based on your policy and circumstances of the incident.

Think of your insurance provider as a partner post-accident. They have experience dealing with many different types of auto accidents and can help guide you towards the best possible outcome following an unfortunate event.

By making sure you contact them promptly and cooperate throughout the claims process, it’s more likely that they can help you in a challenging situation. Bear in mind that there could be deadlines associated with filing claims after incidents, so call them as soon as possible after your accident.

Remember taking care of yourself after an accident is important mentally as well as physically. Seeking medical attention and counseling may also be necessary when it comes to moving forward post-accident.

Getting involved in a car accident can lead to various physical injuries, some of which may not be apparent right away. Common types of injuries sustained from car accidents include whiplash, broken bones, head trauma, and spinal cord injuries. Even if you are not experiencing any pain immediately after the crash, it is important to seek medical attention as soon as possible. Some severe injuries may take time to show symptoms.

Anecdotal evidence from car accident victims suggests that seeking medical attention after a crash can be challenging due to the fear of incurring medical costs. However, it is vital not to delay medical care for financial reasons, as this can worsen any existing injuries. In New Mexico, there are laws that protect car accident victims from covering upfront costs for medical treatment related to their injuries.

Seeking Medical Attention

It is crucial to prioritize your health after an accident by seeking immediate medical attention. The sooner you receive medical treatment, the better your chances are for a speedy recovery. If you are experiencing severe pain or discomfort, immobilize yourself and request emergency assistance.

Whiplash is one of the most common injuries resulting from a car accident, where the neck experiences sudden back-and-forth movements violently. This injury can occur even in minor crashes and may not be immediately apparent at the scene of the accident. It may also cause soft tissue damage or muscle tearing around the neck, leading to chronic pain and stiffness over time.

Some car accidents victims believe they do not need to seek medical attention unless they feel sore or experience visible cuts or bruises on their bodies; however, some conditions will only surface days after the incident occurred. Therefore it is essential never to self-diagnose.

While some people assert that seeking medical care after a car accident wastes resources or is unnecessary because they don’t feel injured right away; others agree that medical attention should be available to all victims, irrespective of their financial situation. Thus, medical cost coverage must be one of the many considerations in deciding whether or not to seek medical care after an accident.

Seeking medical attention is one aspect that should never be ignored after involvement in a car accident. If you’re worried about being unable to pay for the treatment costs associated with this injury, there are options available. After receiving proper medical care, it’s crucial to understand your legal rights and options for claiming monetary compensation.

Legal Rights and Compensation

It is essential to contact a personal injury lawyer shortly after seeking medical attention. Insurance companies may pressure you into accepting a low settlement offer to avoid paying more than necessary for your injuries and losses, such as hospital bills and lost wages. A lawyer can protect your legal rights and ensure you receive the compensation you deserve based on the facts of your case.

In New Mexico, the “fault” system determines who is responsible for compensating the victim after an accident based on their percentage of fault and what they caused directly or indirectly. Under New Mexico law, you can still recover compensation even if you were partly responsible for the accident.

Suppose you were involved in a car accident and incurred several injuries, including broken limbs that required surgical intervention. You missed weeks of work while undergoing physical therapy and had mounting medical bills. A personal injury attorney will help you make sense of all of these damages while building a strong case against insurance companies that may deny compensation.

Personal injury lawyers also help clients deal with insurance companies directly and represent them in court proceedings when filing bankruptcy claims against other drivers or entities like trucking logs or business auto insurers covering company-owned vehicles involved in accidents on behalf of their employees.

It’s important to note that proving fault plays a significant role in determining how much compensation you might be eligible for after an accident. Thus, determining fault is not always straightforward, and insurance companies may even dispute who caused the accident in some cases.

Think of the legal system like a puzzle. Every case has different pieces, and if you are missing one piece, your compensation could be less than what it’s worth. An experienced lawyer will handle all these pieces to ensure you receive maximum compensation.

Consulting a Personal Injury Lawyer in New Mexico

When you are involved in a car accident, it is important to know your legal rights and options for seeking compensation. This is where consulting with a personal injury lawyer becomes crucial. In New Mexico, Ornelas & Serna law firm offers legal assistance to help clients avoid paying out-of-pocket and to ensure their legal rights are not trampled upon under New Mexico law.

An example of why consulting a personal injury lawyer is necessary can be illustrated by an accident scenario where you may not be at fault, but the other driver’s insurance provider is unwilling to cover your medical bills or damages. In such a case, a personal injury attorney can advocate on your behalf and negotiate with the insurance company to ensure that you receive adequate compensation.

Moreover, filing a personal injury claim is necessary for those who have been injured in New Mexico to recover necessary compensation for hospital bills, lost wages, and pain and suffering. A personal injury lawyer can help by investigating the circumstances surrounding the accident and gathering evidence to build a strong case on your behalf.

Some people may argue that hiring a personal injury lawyer is unnecessary and expensive, especially when dealing with minor injuries or property damage. However, it is important to keep in mind that even minor injuries can lead to long-term health problems, and property damage can result in costly repairs or even total loss of the vehicle. A personal injury lawyer can help navigate the legal system to protect your best interests.

Think of consulting a personal injury lawyer as similar to visiting a doctor after an accident. Just as going to a doctor provides medical care for your injuries, consulting with a lawyer provides legal care for your case. In both cases, early intervention can prevent further damage or complications down the road.

If you have been involved in a car accident in New Mexico, it is recommended to contact Ornelas & Serna law firm for a free consultation. Their experienced lawyers have a thorough understanding of the laws and regulations governing personal injury cases in New Mexico, and can help you navigate the legal process with ease. Remember, protecting your legal rights and receiving just compensation for your injuries should be your top priority after an accident.

Frequently Asked Questions

What are the mandatory reporting requirements for a car accident in New Mexico?

If you’ve been in a car accident in New Mexico, it’s important to understand the mandatory reporting requirements. According to state law, any driver involved in an accident that results in injury, death, or property damage over $500 must report the accident immediately to law enforcement. Failure to do so can result in fines and possibly even criminal charges.

In addition to reporting the accident to law enforcement, drivers must also exchange insurance information with the other drivers involved in the accident and file a written accident report with the Motor Vehicle Division within five days if there was personal injury or death involved. If there was only property damage, drivers have up to 10 days to file a written report.

These requirements may seem burdensome, but they are in place to ensure public safety and ensure that all parties involved receive fair compensation for damages incurred. In 2019 alone, there were over 43,000 reported motor vehicle crashes in New Mexico, resulting in 19,214 injuries and 362 fatalities (Source: New Mexico Department of Transportation). These statistics are a stark reminder of why it’s imperative that drivers follow these reporting requirements after a car accident.

Remember: following these mandatory reporting requirements not only helps protect you legally but also ensures that everyone involved receives appropriate medical care and compensation for property damages.

What if the other driver is uninsured or underinsured in New Mexico?

If you get into a car accident in New Mexico and the other driver is uninsured or underinsured, it can be extremely stressful. However, there are steps you can take to protect yourself and your finances.

First, make sure to gather as much information as possible about the other driver. This includes their name, contact information, license plate number, and car make and model. If they have any type of insurance coverage, be sure to get their policy number and insurance company information.

Next, report the accident to your own insurance company right away. Many motorists in New Mexico carry uninsured/underinsured motorist coverage, which can help cover the costs of property damage and injuries caused by an uninsured or underinsured driver. In fact, according to the Insurance Information Institute (III), 20% of drivers in New Mexico were uninsured in 2015 – one of the highest rates in the country.

Finally, if you are injured in the accident, seek medical attention immediately. Even if you think your injuries are minor, it’s important to get checked out by a medical professional to rule out any underlying issues that may become more serious over time.

Overall, navigating a car accident with an uninsured or underinsured driver can be tricky. But by following these steps and working closely with your own insurance company and legal counsel if necessary, you can ensure that your rights are protected and your finances remain intact.

Is there any financial help available to cover damages and medical expenses after a car accident in New Mexico?

Yes, there are financial assistance options available to cover damages and medical expenses after a car accident in New Mexico. These options include auto insurance, personal injury protection (PIP), and uninsured/underinsured motorist coverage. Auto insurance is legally required in New Mexico and can help cover damages to your vehicle and the other parties involved in the accident. PIP is an optional coverage that can help cover medical expenses, lost wages, and other related costs regardless of who was at fault. Uninsured/underinsured motorist coverage can also provide financial assistance if the other party involved in the accident does not have enough insurance to cover your damages or medical expenses.

According to a report by The Zebra, the average annual cost of auto insurance in New Mexico is approximately $1,322. This may seem like a hefty expense but it is crucial for financial protection in case of an accident. Additionally, as per 2021 data from the Insurance Research Council (IRC), New Mexico has one of the highest rates of uninsured drivers in the US at 20.8%. Having uninsured/underinsured motorist coverage can provide peace of mind knowing that you are protected regardless of whether or not the other driver has insurance.

It’s important to note that each individual’s situation may vary and seeking legal advice from a qualified attorney may be necessary to ensure appropriate financial compensation is received for damages and medical expenses incurred after a car accident in New Mexico.

How long do I have to file an insurance claim after a car accident in New Mexico?

In New Mexico, you have three years from the date of the car accident to file a claim with your insurance company. After this time, you may no longer be able to pursue compensation for damages and injuries sustained in the accident.

It is important to note that even though you have three years to file a claim, it is advisable to do so as soon as possible. This is because the longer you wait, the harder it becomes to gather evidence and witness testimonies, which could weaken your case. Additionally, delayed reporting of an accident may raise red flags with your insurer, causing them to question the legitimacy of your claims.

According to the New Mexico Department of Transportation (NMDOT), there were 48,000 reported crashes in 2020 alone. Of these crashes, 350 resulted in fatalities, while 18,900 caused injuries. With such high numbers, it is imperative that drivers remain vigilant on the roadways and know what steps to take after an accident.

In conclusion, if you are involved in a car accident in New Mexico, make sure that you promptly report it to your insurance company within three years. Remember that prompt action will help strengthen your case and ensure that justice is served.

Should I hire a lawyer after a car accident in New Mexico?

If you’ve been involved in a car accident in New Mexico, hiring a lawyer is a decision that should not be taken lightly. The answer to this question depends on the severity of the accident and the extent of your injuries.

According to the New Mexico Department of Transportation, there were 403 fatalities resulting from car accidents in 2020. Additionally, there were over 21,000 non-fatal injuries caused by car accidents. These statistics demonstrate the potential seriousness of car accidents in New Mexico, and how they can impact lives long after the fact.

In some cases, hiring a lawyer after a car accident in New Mexico may be necessary to protect your legal rights and ensure that you receive fair compensation for any damages or injuries. An experienced personal injury attorney can help you navigate through the complex legal process following an accident and fight for maximum compensation from insurance companies or other liable parties.

However, it’s important to note that not every accident requires legal representation. If your accident was minor and resulted in minimal damages or injuries, you may not need a lawyer. In these cases, it may be possible to negotiate with insurance providers yourself and come to an agreement for compensation.

Ultimately, if you’re unsure whether you need a lawyer after a car accident in New Mexico, it’s wise to consult with an attorney who specializes in personal injury law. They can evaluate your case and provide guidance on whether or not legal representation is necessary.

Our Location:

A Guide to Understanding What to Do After a Car Accident in New Mexico