At Keller and Keller, we repeatedly hear, "The insurance company won't pay my claim." At Keller & Keller, we make sure they pay.

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What to Do if the Insurance Company Won't Pay?

The key to maximizing the value of your claim is hiring an experienced Albuquerque car accident attorney to represent you. Along with an early settlement offer, the insurance company for the at-fault driver will probably advise you not to hire your own lawyer.

  • Collect evidence. Taking pictures at the crash scene and collecting contact information for witnesses, if you are physically able to do so, is the first step in building a strongNew Mexico Insurance Coverage claim. This evidence will be invaluable for demonstrating to the insurance company that their driver was at fault and that you can prove it to a judge.
  • Get medical treatment. Even if you don’t feel seriously injured right after the crash, you should see a doctor as soon as possible. Be sure to tell her about the accident and ask for a full assessment of your injuries. Take pictures of your injuries and keep track of your appointments so you can later request complete medical records.
  • Call an Albuquerque personal injury attorneyTalking to a car accident attorney in a free consultation is the best way to ensure you’re doing everything possible to protect your legal rights and build the strongest potential claim. If you decide your claim can benefit from legal guidance, your attorney will take over, and you can focus on your physical recovery. Best of all, you won’t have to pay the attorney until he successfully resolves your case.

New Mexico Car Insurance Requirements

How liability is determined and how a person is reimbursed for their injuries after a car accident largely depends on the state where the incident occurred. States are either considered “fault” or “no-fault.” (New Mexico is a “fault” state.)

Fault insurance is the standard for most states, meaning the at-fault driver is held responsible for any damages caused by the accident. And while the at-fault driver is reliable, their car insurance (if they were insured) will likely cover the damages.

Because New Mexico is a fault state, car insurance law allows accident victims to recover compensation in one of the following ways:

  1. Seek payment from your insurance company. (Your insurance company will then look to the at-fault driver’s insurance company for reimbursement.)
  2. Open a claim with the liable party’s insurance company
  3. File an injury lawsuit and pursue compensation in court

Remember that the laws regarding fault vs. no-fault follow the state, not the driver. In other words, if you’re a resident of New Mexico but have an accident in a no-fault state, such as Michigan, then you will be bound by that state’s laws. 


5 Ways a New Mexico Personal Injury Attorney Can Help After a Crash

The aftermath of a serious car crash is a confusing time. You might have left the scene in an ambulance, your car might be totaled, and you might be getting calls from insurance companies immediately. You want your life to get back to normal as quickly as possible, but you don’t know how to do that. When you hire an experienced personal injury attorney immediately after the crash, they can get to work resolving your claim so that you can focus on healing.

Skilled car accident attorneys help their clients in the following ways:

  1. Preventing mistakes. The sooner a lawyer is representing you, the more mistakes you can avoid in your case. Insurance companies will do everything they can to trick you into accepting less than your claim is worth, especially if they know you have a strong case. Your lawyer will advise you on what not to do so that you don’t unknowingly lower the value of your claim. Common mistakes people make are admitting fault, not getting medical care, accepting a lowball settlement offer, and destroying evidence. With a lawyer on your side, these things won’t happen.
  2. Handling the insurance company. The less you say to an insurance adjuster, the better. When you hire a lawyer, they will take over all communication and negotiations with the insurance company for the at-fault driver. When insurers see that you have a lawyer representing you, they know they have to play fair. Even though you will owe some of your settlement money to the lawyer, you will likely still end up with more than you would have if you had dealt with the insurance company on your own.
  3. Gathering evidence. A strong claim needs strong evidence. You will need evidence to prove that the other driver was at fault. This might include a police accident report, traffic camera video, pictures of the scene, and eyewitness testimony. Medical records, scans and x-rays, medical bills, and occupational assessments can be used to document the extent of your injuries. A lawyer will begin gathering this evidence immediately. 
  4. Determining the value of your caseCatastrophic injuries and permanent disabilities caused by a car accident will require extensive medical treatment and long-term care. A skilled attorney will understand potential future costs when deciding on a settlement demand. You cannot trust the insurance company to do this on your behalf. 
  5. Filing a lawsuit. If the insurance company does not agree to an acceptable settlement, a lawyer will be prepared to take the case to trial and let a judge decide. Insurers do not want to do this, so they will be motivated to give your lawyer what they want to avoid a trial. This leverage is something you do not have when you represent yourself.

Keller & Keller Won’t Let You Get Pushed Around by New Mexico Insurance Companies

Our Albuquerque injury attorney team has fought with insurance companies for the past 75 years, and at times, we've witnessed some questionable behavior on their part. When you hire Keller & Keller, you and your case are backed by an experienced team from one of New Mexico's most recognized injury law firms. To speak to one of our award-winning attorneys right now, call us at 1-800-253-5537, or if you prefer, fill out our confidential, free contact form.