What If Insurance Denies Liability in NM Car Accidents?

After a car accident, you suffer painful injuries that require extensive medical treatment and force you to miss work. You assume the insurance company will take responsibility and compensate you for your losses, so you're shocked when you receive a letter stating that they deny liability for the crash. Now you're left wondering how you’ll pay your medical bills and support your family.

The dedicated New Mexico car accident lawyers at Keller & Keller have extensive experience fighting insurance companies and aggressively advocating for the rights of crash victims across New Mexico. We know the tactics insurance companieys use to avoid paying claims, and we know how to fight back. Here’s what to do if an insurance company denies liability for your New Mexico car accident.

Why Do Insurance Companies Deny Liability After a Car Accident?

Whether you filed a claim with the other driver’s insurance company or your own, there are several reasons why an insurer may try to deny liability after a New Mexico car crash:

Disputing fault. The insurer may claim the policyholder was not at fault for the collision. They might argue that another driver was wholly or partially to blame.
Claiming your injuries aren't crash-related. The insurance company may assert that your injuries were caused by something else, not the car accident. For example, they may claim you had a preexisting condition.
Arguing that medical treatment was excessive. The insurer may not dispute fault, but claim that your medical treatment was unnecessary or too expensive.
Saying your injuries aren't as severe as you claim. The insurance company may argue that you are exaggerating the extent and severity of your injuries to get more money.
Citing policy exclusions. Sometimes, an insurer may try to avoid liability by saying that a policy exclusion applies to your claim. For example, many policies do not cover a crash that occurs during the commission of a crime like a DUI.

It can be a scary and confusing time when an insurer denies liability. However, it's important to remember that a denial is not necessarily the final word on your claim. An experienced car accident lawyer can help you understand your legal rights and fight for the compensation you deserve.

Steps to Take After an Insurance Company Denial

A liability denial from an insurance company can be frustrating, but don't lose hope. Take the following actions to protect your rights:

1. Request a Formal Denial Letter

Ask the insurance company to provide a formal letter outlining the reasons for the denial and any applicable policy language. The more information you have, the better prepared you will be to respond.

2. Review the Applicable Insurance Policy

Once you have the denial letter, review the insurance policy in question. Look for any language that may support your position or contradict the insurer's reasons for the denial. If you have trouble interpreting the policy, contact a knowledgeable New Mexico personal injury attorney for assistance.

3. Gather Evidence to Support Your Claim

You'll need strong evidence to support your position to fight a liability denial. This may include:

Police accident reports
Photos of the crash scene and vehicle damage
Witness statements
Medical records and bills related to your injuries
Pay stubs or tax returns to document your lost income
Testimony from accident reconstruction experts

Keep all of this documentation together in a file so you'll have it readily accessible when you need it. A lawyer can also help collect and preserve this evidence for you.

4. Appeal the Denial

Most insurance companies have a formal process for appealing a claim denial. Request information on submitting an appeal and carefully follow the required steps. Be sure to submit your appeal by the deadline, which is usually short.

In your appeal, clearly explain why you believe the liability denial was wrong and submit any evidence you have to support your argument. The appeals process is complicated, but a skilled personal injury lawyer can handle the details.

5. Be Cautious When Communicating with the Insurance Company

Insurance adjusters are trained to look for ways to use your words against you to weaken your claim. Avoid providing a recorded statement or discussing the details of the crash and your injuries. Instead, let your car accident lawyer communicate with the insurance company on your behalf.

6. Consider Filing a Personal Injury Lawsuit

If the insurance company refuses to reverse its liability denial, you may need to file a personal injury lawsuit. This enables you to seek compensation for your medical bills, lost wages, pain and suffering, and other losses. In New Mexico, you typically have three years from the crash date to file a lawsuit.

Get Help From an Experienced New Mexico Car Accident Attorney

It's best to talk to a lawyer as soon as possible after your insurance claim is denied. The legal team can preserve crucial evidence and collect witness statements before memories fade. The sooner you have an experienced car accident attorney, the better protected your rights will be.

Dealing with an insurance company can be daunting, especially when you are trying to recover from painful injuries. Keller & Keller's skilled New Mexico car accident lawyers understand your frustration and stress. We are here to stand up to the insurance company and demand the compensation you deserve.

Before we look at the factors that determine the value of your car accident claim, know this: NO ONE can initially tell you what your car accident claim is worth; not until you tell your version of the story, liability is nailed down, your medical treatment is finished, and an experienced personal injury law firm has reviewed your case.

And it's ok not to have an immediate dollar amount thrown at you. After all, if your accident had a "price tag," then there would be no opportunity for you to present your particular case, meaning you'd potentially risk shorting yourself thousands of dollars, or the entire claim!

(Having settled thousands of personal injury cases, we are certain of one fact: No two clients are alike, no two car accidents are alike, no matter how similar they seem.)

Our firm's #1 goal is likely similar to your own at the moment: recover the maximum amount of compensation for the accident. The way to ensure you receive a fair settlement is to present a professional and persuasive case that is supported by medical documentation and measurable course(s) of treatment, e.g., physical therapy.

WHAT FACTORS CAN INCREASE MY CASE VALUE?

You're likely worried about hospital bills, property damage, lost wages, and a possible change in lifestyle, so a quick settlement may seem attractive. However, as time passes, most clients are thankful they took the time to consult with someone who could advise them of future factors that could potentially increase their case value.

Scenarios that can increase the value of a car accident case might include:

The client's injuries worsened over time, leading to unforeseen treatments and costly procedures.
The client didn't predict the type and/or duration of treatment their injuries required.
The client didn't anticipate the strain the accident would place on their personal life.
The client didn't account for the long-term psychological effects.

These points are common after-effects accident victims are unable to predict immediately following their accident, and the insurance company is going to try and settle with you before any of these scenarios occur.

Ultimately, your damages are likely to have additional value if presented to an insurance company by way of experienced legal representation. Having an attorney allows you to take the time you need to ultimately see the full picture of your claim, and remember, once you sign a release of all claims, you're essentially telling the insurance company they're "off the hook."

ARE SIMILAR ACCIDENT TYPES WORTH THE SAME AMOUNT OF MONEY?

Each person is unique, each accident is unique, every case has unique value, and there are no exceptions to this rule. Let's look at an example:

Driver A is a young pregnant female with no pre-existing medical conditions. She has been involved in a rear-end car accident collision. She was taken by ambulance to the hospital for examination of back and neck pain. The doctors diagnose her with whiplash and prescribe her a course of treatment that is consistent with the needs of her pregnancy. She completes treatment and is released soon after.
Driver B is a middle-aged male with prior back surgery. He has also been involved in a rear-end style car accident collision and is experiencing neck and back pain. He was not able to visit a doctor until two weeks after the crash due to fear of missing work and losing his job. When he is able to visit the doctor, he is diagnosed with whiplash and is prescribed a course of physical therapy. He is released soon after.

Let's also assume that Driver A and Driver B were rear-ended at the same spot on the same highway on the same day. Additionally, the vehicles that struck A & B were traveling at the same speed at the time of impact. Weather conditions were the same for both accidents, and both A & B and the adverse drivers have the same insurance companies, etc.

What does all this mean?

Despite everything we know about driver's A & B accident details, their claims will have different values!

Even with all the listed similarities, it's very unlikely that driver A & B will undergo the similar medical treatment for their injuries; respond to treatment in the same manner; or experience the same types of aggravation and frustration in the days and months after their accident.

IS IT TRUE THAT I'LL GET THREE TIMES THE MEDICAL BILLS FOR MY ACCIDENT CLAIM?

This "formula" is an estimate that has often been thought of by many as a way to value car accident claims. And though it is true that you may receive three times your medical bills, it's also just as likely that you'll receive more or less.

In short, never assume the value of your car accident claim is simply "3 x's your medical bills."

WHAT THINGS CAN I RECOVER FOR IN MY CAR ACCIDENT CLAIM?

There are typically 3 components we look to recover for in a personal injury case that arises from a car accident:

Past and future medical bills
Past and future lost wages, or loss of earning capacity
Past and future pain, suffering, disfigurement, and disability

Again, the numbered factors above don't apply to every case, and you should always have an experienced injury lawyer evaluate your specific claim.

IS THERE EVER AN INSTANCE IN WHICH I CAN IMMEDIATELY KNOW MY CASE VALUE?

Accidents that leave a person with traumatic injuries; broken bones; the need for surgery; permanent hardware; and/or cause death, may constitute what is known as a "policy limits demand."

In these instances, our personal injury attorneys will immediately notify the adverse insurance company of our representation of a client and ask that they send us what is known as a "certified declarations (DEC) sheet." This document will reveal the total amount of available dollars under the liable party's policy.

Once we receive the DEC sheet we will be able to tell you how much money is available, and whether or not your injuries justify asking for the entire amount. However, it will still be very difficult to predict the value of your car accident claim, because other factors will almost certainly play a role.

For instance, we may be able to reduce certain medical bills on your behalf so that you're not required to pay back the full amount, thus increasing your settlement. We may also be able to secure Underinsured Motorists Coverage (UIM) from your policy in the event that the adverse policy limits are inadequate.

ASK AN ATTORNEY TO REVIEW THE INSURANCE POLICY.

Asking an experienced personal injury attorney to examine an insurance policy ensures you aren't leaving money on the table. Policies can be confusing, full of difficult-to-understand contract language, some of which is applicable to your case, and some that isn't.

If your everyday job doesn't require you to review insurance policies, then your chance of fully understanding available coverage will be challenging. Fortunately, we have more than 75 years of locating and examining insurance polices for car accident victims, so we can help guide you and youir family in the right direction at no cost.

Ultimately, speaking with an experienced injury law firm about your case is an excellent step toward determining what your car accident case is worth.

What to Do If the Insurance Company Denies Liability for Your New Mexico Car Crash