Auto & Other Accident Cases
If you or someone you love has been injured, you know how complicated life suddenly becomes. At ABQ Law Clinic/Morris Law Firm, P.A., our goal is to make at least one part of your recovery as easy as possible. When you are injured through the carelessness or recklessness of another, maybe through a car crash or other accident, the law says that the responsible party owes you financial compensation for your injuries, lost wages, medical expenses, and other hardships. If you have been injured at work, let us make the most of your workers’ compensation claim.
Your family may also have a right to compensation. We can guide you through the legal process and maximize your compensation. Whether you are hurt by a car accident, a slip and fall or a defective product, remember – you are owed this money. At this difficult time, you need to focus on your physical and mental recovery – let us take care of your legal recovery. For more information, call us at 505-242-4LAW (4529).
Accident Questions
The following is a brief discussion of some of the issues we at ABQ Law Clinic/Morris Law Firm,P.A. have found important to our clients who were involved in automobile accidents. It is based on New Mexico law in effect at the time of this writing and is not intended to provide specific legal advice or all of the information you may need to know in the event of an automobile accident. You should consult with an experienced lawyer for specific legal advice and more detailed information.
WHAT TO DO IN CASE OF AN AUTO ACCIDENT
8 TIPS ON GETTING YOUR CAR FIXED
1. Ask if the insurance company will pay for a rental car until the property damage has been settled and your car is repaired. They may be obligated to provide this by law.
2. If storage charges are accruing on your car, make arrangements with the adjuster to have your car moved. You may be responsible for a portion of this expense if not dealt with promptly.
3. If it appears that the vehicle will be a total loss, fair market value must be determined. The following sources may be used to determine market value:
a. The NADA and Kelly Blue Books
b. Auto Tracks (fee is $35.00)
c. Qualified auto appraiser (fees vary)
4. Ask the adjuster if they can help you find a car similar to yours as a replacement vehicle.
5. You may decide to retain your car in the event of a total loss. Usually a total loss occurs when the cost of repairs exceeds 80% of the fair market value of your car. Sometimes it is a good idea to retain your car particularly if it has fairly new equipment, mag wheels, new tires, or if the engine is still good. These items can often be sold individually for more money than the actual salvage amount which is deducted from your settlement. If you keep your car, the insurance company will deduct the salvage value from what they have offered to pay you.
6. If you retain your car to be repaired, and the insurance company has called it a total loss, the title will have to be stamped by the Motor Vehicle Department as “Salvage.”
7. If you owe more than your car is worth, with the permission of your lender, it may be possible to purchase a substitute vehicle similar in value to yours.
8. Call an experienced personal injury attorney for a free consultation regarding these or any other accident related issues.
What Losses May I Receive Compensation For?
1. Property Damage
2. Loss of Value on your Vehicle
3. Medical Expenses
4. Prescriptions
5. Lost Income
6. Loss of Household or other Services
7. Mileage to and from the doctor
8. Pain and Suffering
9. Permanent Injury or Impairment
10. Permanent Economic Loss
11. Loss of Enjoyment of Life
12. Punitive or Exemplary Damages
13. And more…
10 Tips on How Some Insurance Companies May Value Your Case
- Nature and Severity of your Injuries
- Length of your Medical Treatment
- Total amount of your medical bills
- Loss of Bodily Function
- Permanent Bodily Impairment
- Loss of Wages
- Future Medical Expenses
- Who was at fault
- Severity of the accident
- The “at fault” driver’s recklessness
Do you Need a Lawyer?
In many cases, particularly those in which there are no injuries, it may not be necessary to hire a lawyer. While we are available for a free initial consultation to discuss your case, you may feel comfortable dealing directly with the insurance company on your own.
If you are willing to “do your homework” and be patient, in certain cases, you could do as well or even better than you might do with a lawyer, especially if your injuries are minor and you have fully recovered from them. You will want to make sure all of your injuries have been discovered and have been properly treated.
Often, insurance companies will offer to settle your case for some multiple of your medical bills, sometimes two to three times the amount of your medical bills. A multiple of your medical bills may be a perfectly good settlement for you if you feel it is fair and do not want to pursue the matter further. However, we recommend that you see an experienced personal injury lawyer before you settle your case.
It may be necessary to hire a lawyer if one or more of the following situations apply to your case:
- There is a dispute over who is at fault.
- More than one person caused the accident.
- Your were partially at fault.
- Your injuries were serious, involving loss of bodily function or permanent impairment.
- Your claim involves the death of a family member.
- The insurance company refuses to pay fair value for your car.
- The insurance company does not respond to you.
- The insurance company will not settle for what you think is fair.
- You are not comfortable dealing with the insurance company on your own.
Insurance-Insurance pervades most areas of our lives. From the cars we drive to our very lives, there seems to be a policy available for almost everything. Insurance policies are contracts, and the problems that can arise with contracts can also occur in insurance. There may be a coverage question of whether the policy applies to a certain situation, or whether the policyholder holder or the insurer is liable for losses in a given case. An insured may allege that the insurance company or its representative acted in bad faith when denying a claim, or may claim that the policy was misrepresented at the time of purchase. At ABQ Law Clinic/Morris Law Firm, P.A., we are conversant with all aspects of insurance law, and we can help resolve your concerns. For more information, call us at 505-242-4 LAW (4529).
INSURANCE DEFENSE-After decades of representing claimants in auto and other accident cases as problem solvers, our firm sees the need for a similar approach to representing defendants. We are problem solvers first and foremost. Even though most defense cases begin with responding to a lawsuit, we suggest that we become involved upfront, early in the claim, in the pre-litigation phase. With early analysis of the facts and potential damages in order to develop exit strategies, such as early mediation, assistance to the claimant’s lawyers in directing medical care, minimising income loss, and other damages to mitigate total damages in the best interests of all parties. Often, early pre-litigation mediation along with other settlement techniques that we have developed over the years, can lead to significant loss mitigation and more successful claims outcomes. If your company is looking for a fresh approach to your legal defence needs, please contacts us to discuss the ways in which we may be of assistance.
For more information, please contact us:
ABQ Law Clinic
(505) 242-4 LAW (529)
When Being Right Just Isn’t Enough!