Detailed Answer
After a New Mexico auto accident, you want the at-fault driver’s insurer to accept liability for your medical expenses. Follow these five key steps to strengthen your claim under New Mexico law.
1. Promptly Notify the Insurer and Provide Proof of Loss
New Mexico law requires you to give written notice to the at-fault party’s insurance company as soon as possible after the accident. Under NMSA 1978 § 66-5-301, the insurer must respond to your proof of loss within 30 days. Early notice helps avoid disputes over timeliness.
2. Gather and Preserve Evidence Supporting Liability
Collect all evidence that shows the other driver’s fault:
- Police accident report
- Photos of the crash scene and vehicle damage
- Eyewitness statements with contact information
- Expert opinions (e.g., accident reconstruction)
3. Obtain and Document Medical Treatment
Seek medical care immediately and follow all treatment plans. Keep detailed records of:
- Doctor notes and diagnoses
- Treatment plans and referrals
- Bills and payment receipts
- Medical authorizations for insurer access
Consistent treatment shows the insurer your injuries are real and necessary.
4. Compile and Submit a Demand Package
Create a demand package that includes:
- A demand letter stating the facts, liability basis, and medical expenses
- Complete medical records and itemized bills
- Accident report and evidence of fault
- Deadline for insurer response (e.g., 30 days)
Clearly quantify your medical expenses and future treatment needs.
5. Address Denials and Track Statutes of Limitations
If the insurer denies or delays, cite the New Mexico Unfair Claims Practices Act (NMSA 1978 § 57-12-2.1) to press for a fair review. If the insurer still refuses, file a lawsuit before the three-year statute of limitations expires under NMSA 1978 § 37-1-8. Courts will not allow claims filed after that deadline.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Helpful Hints
- Document all medical appointments and treatments promptly.
- Keep a written diary of how injuries affect daily life.
- Send all letters via certified mail to track delivery.
- Follow up in writing if the insurer misses response deadlines.
- Consider an attorney if liability or damages become contested.