Do I Need a Lawyer for a Minor Car Accident in Albuquerque?

If you have recently been involved in a fender bender, you might find yourself asking, “Do I need a lawyer for a minor car accident in Albuquerque?” The truth is that even if the accident seems minor upfront, it’s impossible to know if this is truly the case. Regardless of the extent of the damage, it’s always recommended to hire an attorney to be prepared for any surprises that could pop up later on.

The following information is important to consider after being in a minor accident to ensure you are prepared and capable of maximizing your compensation award.

Understanding Albuquerque’s Car Accident Laws

New Mexico follows a fault-based system. This means the individual who is found at fault for the accident will be liable to pay for all the damages calculated. In no-fault states, each party turns to their own insurance for support regardless of who caused the accident. This is an important distinction to make in New Mexico law, as it directly impacts your ability to recover compensation.

Even in minor car accidents, disputes may arise over responsibility, how traffic laws are interpreted, or the extent of the damages incurred. Having a knowledgeable attorney on your team can help you better understand these timelines and protect your rights by acting promptly.

When Should You Really Consider Hiring a Car Accident Lawyer?

While it’s always recommended to find a lawyer to represent your car accident case in Albuquerque, these are some of the top reasons to ensure you have legal representation.

Unclear Liability

In many minor accidents, it might not be immediately clear who was at fault. This can happen when different parties provide conflicting accounts or the evidence available is not straightforward. When this happens, lawyers can gather missing critical evidence, such as traffic camera footage or witness testimonies, to help fill in the gaps and better understand who could be at fault for the accident.

Delayed Injuries

Not all injuries from an accident appear immediately. Conditions like whiplash, traumatic brain injuries, and internal bleeding can take hours or days before they start to present themselves. By consulting a personal injury attorney, you can receive guidance on documenting medical treatments, maintaining detailed records, and understanding how to link delayed symptoms to the accident. All of this must be taken seriously to ensure you receive the compensation you deserve.

Insurance Complications

Insurance companies need to look out for their profits. This can result in undervalued claims being issued. An adjuster might offer a low settlement, hoping the claimant will accept it without asking for more. Having an attorney gives you access to their understanding of common insurance tactics and negotiation skills. They can advocate for a settlement that better reflects your damages and losses.

Hidden Damages

What appears to be superficial damage to your vehicle could conceal more serious structural issues. If you have problems with alignment, suspension, or hidden body damage, these types of issues can sometimes only be uncovered by a professional mechanic. In these scenarios, a lawyer can advise you on what approach can ensure all damages are properly assessed and compensated, even those that were initially unseen.

Complex Legal Procedures

Even minor accidents will require a certain level of paperwork, insurance forms, and tight deadlines to meet to ensure you recoup as much compensation as you can. For those who have never been in a car crash before, this experience can be extremely confusing and overwhelming. To help, a lawyer can guide you through each step of the process to ensure you comply with all requirements and avoid any costly mistakes that could harm your claim.

FAQs

Q: What Evidence Should I Gather After a Minor Car Accident?

A: Immediately after a minor car accident, you should document the scene thoroughly. Take clear photos of your vehicle’s damage, road conditions, signage, and any visible injuries on your body. Be sure to swap contact information and insurance details with all other drivers and witnesses nearby. It’s also essential to file a police report to create an official record of what happened. This can help to protect you if disputes arise later on.

Q: Can I Still File a Claim If the Police Didn’t Come to the Scene?

A: Yes, you still have the ability to file a claim even when the police were not called to the scene of the crash in Albuquerque. It’s important to note that while a police report can strengthen your claim, the absence of one doesn’t necessarily invalidate your claim. When you’re at the scene of your accident, start documenting the accident carefully by taking photos of damages and your surroundings. Report the accident to your insurance company right away.

Q: What if the Other Driver is Uninsured or Underinsured?

A: If you have been involved in a minor crash and discover the other driver involved is either uninsured or underinsured, this will complicate matters. When this happens, you might rely on your own uninsured or underinsured motorist coverage if it’s included in your active policy. This could help pay for damages and medical expenses that would have otherwise come from the at-fault driver.

Q: How Long Does a Minor Car Accident Claim Take to Resolve?

A: Minor car accident claims are typically resolved faster than more serious ones.  However, it’s important to keep in mind that unexpected delays could happen due to disputes over liability, delayed injuries, or disagreements over how much a vehicle was to repair. The insurance companies involved might also try to delay a settlement, especially if there are disputes over fault or claims of unseen damage.

Read more: Albuquerque Car Accident Statistics

Contact an Experienced New Mexico Car Accident Attorney From Berenson & Associates, PC, Today

If you have recently been involved in a minor car accident, you may be wondering if you need an attorney to move forward. At Berenson & Associates, PC, we strongly encourage everyone in Albuquerque to hire an attorney as soon as they can. Contact us today to learn more about how we can help you move forward with ease after a collision.