Detailed Answer: Ensuring Insurer Accepts Liability in New Mexico
Under New Mexico law, you can take specific steps to help the at-fault party’s insurer acknowledge responsibility for your injuries. Follow these best practices to strengthen your claim:
1. Gather Evidence Immediately
Right after the incident, collect the police report, photographs of the scene, vehicle damage, and visible injuries. Record witness contact information and obtain their statements when possible. Medical records and treatment notes also serve as critical evidence.
2. Provide Timely Notice under NMSA § 66-5-201
New Mexico requires all drivers to carry liability insurance. Notify the at-fault driver’s insurer in writing as soon as possible. Include the date, location, your policy or claim number, and a summary of your injuries. Send your notice via certified mail to establish proof of service: https://law.justia.com/codes/new-mexico/2018/chapter-66/article-5/section-66-5-201
3. Draft a Persuasive Demand Letter
Within a few weeks of your notice, submit a demand letter that outlines the accident details, injuries, medical treatment, and all economic and non-economic losses. Attach copies of medical bills, invoices, and repair estimates. Clearly state the compensation you seek and request a written response within 30 days.
4. Stay Engaged with the Insurance Adjuster
Follow up promptly. Document each conversation—note the date, time, adjuster’s name, and summary of the discussion. This record demonstrates your diligence and good-faith effort to resolve the claim.
5. Use Dispute-Resolution Options
If the insurer disputes liability, consider mediation under the New Mexico Rules of Civil Procedure or an appraisal process for property damage. Mediation often prompts insurers to reevaluate claims.
6. File a Lawsuit Before the Statute of Limitations
New Mexico sets a 3-year deadline for personal injury lawsuits (NMSA § 37-1-8). If the insurer still refuses to accept liability after your demand, file a complaint in the appropriate district court to encourage settlement: https://law.justia.com/codes/new-mexico/2018/chapter-37/article-1/section-37-1-8
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult an attorney to address your specific situation.
Helpful Hints
- Keep copies of every document you send or receive.
- Use certified mail or tracked electronic service for all communications.
- Seek prompt medical treatment and follow your provider’s advice.
- Be honest and consistent when describing injuries and losses.
- Consider legal counsel if the insurer disputes liability or undervalues your claim.