Detailed Answer
If you suffered vehicle damage in a New Mexico car accident, you can pursue compensation for property damage separately from your bodily injury claim. Follow these steps to secure fair compensation under New Mexico law:
- Notify Your Insurer Promptly. Report the property damage to your auto insurer right away. This preserves your right to claim under your collision or comprehensive coverage.
- Document the Damage. Photograph all damage angles. Obtain a written estimate or appraisal from a licensed repair shop.
- File a Third-Party Claim. Send your photos and repair estimate to the at-fault driver’s insurance company. Include a demand letter detailing the repair costs and any diminished value.
- Negotiate a Settlement. Review the insurer’s counteroffer. Compare it against your estimates and negotiate to cover labor, parts, and any loss in vehicle value.
- Consider Legal Action if Necessary. If negotiations stall, file a lawsuit. Use New Mexico small claims court for property damage up to $10,000 or district court for higher amounts. Remember that property damage claims carry a three-year statute of limitations under NMSA 1978, Section 37-1-8 (link).
- Use Uninsured/Underinsured Motorist Property Damage Coverage. If the at-fault driver lacks adequate coverage, file a UM/UIM property damage claim under NMSA 1978, Section 66-5-301 (link). This can reimburse repair costs minus your deductible.
- Allow Insurer Subrogation. If your insurer pays under collision or UM/UIM coverage, it may pursue subrogation against the at-fault party. Cooperate by providing requested documentation.
Disclaimer: This article provides general information on New Mexico law and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Maintain a detailed log of all conversations and correspondence with insurers, repair shops, and the other party.
- Obtain at least two independent repair estimates to support your claim.
- Review your insurance policy carefully to understand deductibles, coverage limits, and exclusions.
- Keep digital and physical copies of all bills, invoices, and emails organized in one place.
- Explore mediation or arbitration options before filing a lawsuit to reduce time and costs.