I got in a car accident in New Mexico but I live in another state, what do I do?
If you are passing through New Mexico but live in another state and you get into a car or truck accident, the first question you may ask yourself is whether or not you need a New Mexico lawyer to work with the at fault driver’s insurance company. The short answer is: probably yes. This is a common question that I get from clients who have recently had a car wreck when traveling through the New Mexico whether it be a minor car wreck or a more serious injury.
New Mexico is a tourist destination and the highways and roads are frequently traveled by people passing through the state, or those seeking New Mexico as a destination. What they don’t anticipate is getting into a wreck or some other type of accident when they are here. Getting into an accident is never good, but it can also have legal consequences when it comes to dealing with your insurance company or the insurance company of the driver or person who was at fault. The best place to start looking for information is by getting your police report. The police report can usually be found by looking at the New Mexico Department of Safety Website:
https://www.dps.nm.gov/top-links-for-nm-residents/accident-reports-and-records-requests-ipra
When looking at the police report remember that by New Mexico Statute the police report is not considered evidence in Court, but it is often used by the insurance company and adjusters when making a decision to assess your claim. Also keep in mind that you only have 1 year from the date of the accident to file a lawsuit in New Mexico if you decide to do so. Your insurance policy from your home state isn’t likely to cover the driver who caused the accident. This is where things begin to get a little tricky. There becomes an issue of how much insurance coverage the at fault drivers insurance can pay for, and whether or not you have an uninsured motorist plan that can be used in any way to offset your medical bills, pain and suffering, property damage, and whatever else may have happened as a result of the wreck in Tennessee.
My strong recommendation is that you contact my office through my website or email me a copy of your police report at john@higginslawfirm.com so I can give you a consultation about your specific facts.
You may always call me at 505-944-5400 if you have questions.