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Sadly, hit-and-runs are common. Along with Louisiana and Florida, New Mexico leads the U.S. in hit-and-run crash rates.
If you or a loved one were harmed after a hit-and-run crash in New Mexico, let an Albuquerque hit & run car accident lawyer from Law Giant Injury Lawyers fight for you. Call 505-900-0000 today. We offer 100% free case evaluations, and there’s no cost unless you recover compensation.
After an auto crash in NM, the law requires drivers to:
Fleeing the scene of an accident constitutes a crime. Punishments can include jail, fines, and driver’s license suspension. But a hit-and-run driver also faces civil liability.
When someone negligently injures you, a New Mexico hit-and-run attorney must prove that the other driver caused the accident due to a lack of reasonable care. Importantly, your hit-and-run accident damages include any consequences you suffered after the other driver left without calling for help.
The steps you take after a hit-and-run crash may affect your legal options and should include the following:
Collecting information about the hit-and-run driver and vehicle will help you and the police identify the perpetrator. Record the following:
You should also gather evidence at the crash scene. If there are witnesses to your hit-and-run accident, they can help prove what happened or even identify the driver. Photos of the damage to your vehicle can hold clues about the car that hit you. Pictures of any skid marks can guide an accident recreation expert to determine what happened.
If your injuries prevent you from gathering this information, the police should have it. The investigating officers will document the scene and summarize their findings in a police report for hit-and-run accidents.
You should seek medical assistance for diagnosis and treatment. The doctor’s records will also document when and how you got your injuries.
New Mexico law requires auto insurance companies to offer uninsured motorist (UM) coverage with all auto insurance policies. The law gives policyholders the right to reject this option. Your policy may or may not include UM insurance.
This optional coverage is critical after a hit-and-run accident. Insurance companies consider unidentified drivers to be uninsured, so you can get insurance benefits under your UM coverage after a hit-and-run.
After your crash, an uninsured motorist lawyer in NM files a claim. The claim will explain the accident and include supporting documentation like the crash report and your medical records. If your claim persuades the insurer that an unidentified motorist caused your injuries, the insurer will likely offer you a UM insurance settlement.
Insurance companies do not make money by paying claims. You should expect the claims adjuster assigned to your case to offer as little as possible. When this happens, you should seek the help of a hit-and-run accident lawyer in NM.
Your attorney can facilitate the process and engage with the claims adjuster to address any concerns. Your lawyer can also negotiate to get a better offer. Finally, a lawyer can review your settlement offer and provide legal advice about any other options you might have for proceeding against the insurer or the hit-and-run driver.
*The outcome of any individual case depends on factors unique to that case. Past case results listed on this website do not guarantee or predict a similar result in any similar or future case.
New Mexico does not release case closure rates for hit-and-run cases. But studies show the police only solve 8% and 10% of hit-and-run accidents.
However, you still have options for compensation if you’re hurt in a hot and run. First, you and your lawyer can try to identify the driver. If you do, you can pursue an insurance claim or lawsuit to recover compensation. But remember that drivers who flee the scene may not have sufficient coverage or are uninsured altogether, which limits your ability to recover all the compensation you may need.
Your lawyer can also review your insurance policy for alternate sources of compensation. Med pay coverage, for example, helps you pay medical bills after a crash. Med pay can cover your copays or deductibles if you have health insurance.
Compensation for a hit-and-run can include assorted economic and non-economic losses.
Non-economic losses include your pain, suffering, and emotional distress after hit-and-run crashes. Economic losses include your financial costs like medical expenses and income losses. You prove these losses with an exhaustive record of all related expenses. You often need a knowledgeable lawyer to provide the legal arguments to recover these losses.
Common pitfalls to avoid in a hit-and-run insurance claim include:
For example, insurers will often slow-walk claims even if you utilize your own UM coverage. When they finally pay, you may accept an undervalued settlement out of desperation.
The hit-and-run accident statute of limitations NM imposes is three years. You have three years from when the driver is identified to file a lawsuit against them. However, your time limit to claim UM or med pay benefits from your insurer may be significantly shorter. As a result, you should start your insurance claims promptly.
Our team at Law Giant Injury Lawyers will analyze possible deadlines during your free hit-and-run accident consultation. This will ensure the timely submission of all necessary documents.
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You will call the police from the accident scene to report the hit-and-run crash.
If you have uninsured motorist insurance coverage, your insurance company should compensate you even if the driver is never found. UM coverage essentially functions as hit-and-run accident insurance coverage.
Yes, you can sue the hit and run driver after you identify them.
What if the hit and run driver is never found? You can file an uninsured motorist claim since unidentified drivers qualify as uninsured under your policy.
There is no way to predict how long an investigation will take. Your best chance of success is if the police have enough identifying information to find the at-fault driver. If you utilize your UM policy, the process can take anywhere from a few weeks to several months.
“Do I need a lawyer for a hit-and-run accident?” You might need a lawyer in a few situations, including:
If you are unsure whether you need a lawyer, schedule a free consultation with hit-and-run attorney Albuquerque to discuss your case.
It may seem unfair since you did not cause the crash, but many insurers increase your premiums after the hit-and-run accident claim process.
Whether a hit-and-run happens on private property or a public road, you have options. But you need a plan and an experienced personal injury lawyer in Albuquerque, NM.
If you or a loved one were injured in a hit-and-run, let the Law Giant explain your rights, review your insurance coverage, and explore all your options for maximum compensation. Our hit-and-run lawyers offer a free, no-risk consultation. We will discuss your case and immediately begin working to get you justice. Call 505-900-0000 today to get started.