Detailed Answer
An auto accident injury claim timeline in New Mexico varies by case. Common phases include:
1. Medical Treatment and Documentation (0 6 months)
Document injuries from the collision. Continue treatment until you reach maximum medical improvement (MMI). Doctors reports and bills form the basis of your claim. Without complete medical documentation, insurers often delay or undervalue your case.
2. Filing the Insurance Claim (1 3 months)
Report the accident to your insurance company and the at-fault drivers carrier promptly. Submit written notice, medical records, police reports and repair estimates. Under the New Mexico Unfair Practices Act, insurers must acknowledge and investigate claims promptly (NMSA 1978, §57-12-22).
3. Investigation and Settlement Negotiations (3 12 months)
The insurer investigates liability by reviewing the police report, witness statements and medical evidence. Negotiations follow. Simple claims can settle in a few months, but complex injuries or liability disputes can extend this phase well over a year.
4. Filing a Lawsuit (Up to 3 years)
If settlement talks stall, you may file a lawsuit. New Mexico requires personal injury actions to begin within three years of the accident (NMSA 1978, §37-1-8). Missing this deadline bars your claim.
5. Litigation and Trial (12 24+ months)
After filing, parties exchange information through discovery. Pretrial motions and court scheduling can add a year or more. If your case goes to trial, expect several days in court and time for judgment. Post-trial appeals extend this timeline further.
Overall, a pre-suit resolution typically takes 6 18 months. Once you file suit, full resolution often takes 1 3 years depending on case complexity and court dockets.
Helpful Hints
- Seek prompt medical care and keep detailed records.
- Notify all insurers quickly and submit required documents.
- Track deadlines: New Mexico personal injury claims expire after three years.
- Use demand letters to set a clear settlement deadline.
- Consult an attorney early to assess liability and potential damages.
- Be patientsettlement takes time, and lawsuit timelines vary by court.
Disclaimer: This article provides general legal information under New Mexico law. It does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.