You’re on your way home from work when you get hit by another driver on I-25 near Santa Fe. As you recover from your injuries, you're left wondering how you will pay the medical bills and repair your vehicle. When can you expect a car accident settlement from the insurance company?
The experienced Santa Fe accident lawyers at Keller & Keller understand the stress and uncertainty that follow a serious car accident. We’re here to guide you through the settlement process and fight for the compensation you deserve. Here’s the typical timeline of a car accident settlement and how a Santa Fe accident lawyer can fight for your rights every step of the way.
The Typical Car Accident Settlement Timeline
While every case is unique, most car accident settlements in New Mexico follow a similar path.
Seeking Medical Treatment
Your health is the top priority after a crash, so call 911 to report the collision and any injuries. Be sure to seek a complete medical evaluation, even if you feel fine. Some serious injuries, like traumatic brain injuries or internal bleeding, may not be immediately apparent.
Follow your doctor's treatment plan closely. This protects your well-being and creates critical medical records to support your claim.
Investigating the Accident
While you focus on healing, your attorney will gather evidence to build your case. This typically includes:
- Police reports
- Witness statements
- Photos and videos from the accident scene
- Vehicle damage assessments
- Medical records and bills
Your lawyer will also identify all potentially liable parties and insurance policies that may contribute to your settlement.
Submitting the Demand Package
Once you've reached maximum medical improvement, your attorney will prepare a comprehensive demand package. This document outlines your injuries, medical expenses, lost wages, pain and suffering, and other damages. It's submitted to the at-fault party's insurance company along with a demand for a specific settlement amount.
Negotiating with the Insurance Company
After reviewing your demand package, the insurance adjuster will likely make an initial settlement offer. This is often much lower than the actual value of your claim. Your lawyer will negotiate back and forth to reach a fair agreement. This process can take weeks or months, depending on the case's complexity and the insurer's willingness to cooperate.
Finalizing the Settlement
If a satisfactory agreement is reached, your attorney will review the settlement documents to ensure accuracy. Once you sign the release, the insurance company will issue the payment. Your lawyer will deduct their fees and any outstanding medical liens before disbursing the remaining funds to you.
The entire car accident settlement process, from the initial demand to the final disbursement of funds, typically takes anywhere from a few months to a year or more. However, each case is unique, and the timeline can vary widely depending on the specific circumstances of your claim.
Factors That Can Delay Your Car Accident Settlement
Several issues can extend the timeline for resolving your case.
- Disputed liability. If the fault is unclear or multiple parties share blame, it can complicate negotiations.
- Severe injuries. Claims involving catastrophic injuries or permanent disabilities often take longer to settle.
- Uncooperative insurers. Some insurance companies use bad faith tactics to delay or deny valid claims.
- Litigation. Your attorney may recommend filing a lawsuit if a fair settlement can't be reached. This can significantly lengthen the process, but it's sometimes necessary to protect your rights.
How New Mexico's Comparative Negligence Law Affects Your Settlement
New Mexico follows a pure comparative negligence rule when determining fault in car accident cases. Under this system, each party is assigned a percentage of blame based on their actions. This allocation of fault can significantly impact your car accident settlement.
For example, if you are found to be 20 percent at fault for the collision, your compensation will be reduced by 20 percent. So, if your total damages are $100,000, you would only receive $80,000. Even if you are 99 percent responsible, you can still recover 1 percent of your damages from the other party.
Insurance companies often use this rule to shift blame onto the victim and minimize payouts. They may argue that you were speeding, distracted, or otherwise contributed to the crash. Your Santa Fe accident lawyer will work to counter these arguments and gather evidence to support your claim.
How a Santa Fe Accident Lawyer Can Help
The New Mexico car accident settlement process is challenging without experienced legal representation. Insurance companies focus on protecting their bottom line, not ensuring you receive a fair payout.
When you work with Keller & Keller, you gain a dedicated advocate who will:
- Thoroughly investigate your accident to gather compelling evidence
- Accurately calculate the full extent of your damages
- Negotiate aggressively with the insurance company on your behalf
- Keep you informed at every stage of your case
- Take your claim to trial if necessary to pursue the compensation you deserve
Don't let the stress of the car accident settlement process overwhelm you. The skilled Santa Fe accident lawyers at Keller & Keller will fight to maximize your insurance payout while you concentrate on rebuilding your life.
