Common Mistakes to Avoid After a Car Accident in Albuquerque

Being involved in a car accident can be extremely overwhelming, especially when innocent mistakes harm your ability to recover the compensation you desperately need. By understanding what common mistakes to avoid after a car accident in Albuquerque, you can better position yourself to protect your rights and secure as much compensation as possible under the law.

Some key missteps to avoid include:

Not Calling the Police

One of the biggest mistakes you can make after a car accident is not contacting the police right away. Even in minor incidents, when it seems like the police are unnecessary, you should still call them to assess the scene and generate a report to be used as evidence. Insurance companies rely on these reports to determine fault, so it would be a costly mistake to move forward with your car accident case without having this information documented.

Admitting Fault at the Scene

Sometimes, in the heat of the moment, drivers instinctively apologize or admit they were at fault for causing the accident. This happens even when they were not fully responsible. Even just saying “I’m sorry” can later be used against you during litigation. It’s crucial not to make this mistake, which could have a significant impact on the compensation you receive. Get in touch with a skilled Albuquerque car crash attorney and only move forward with any communication under their guidance.

Failing to Gather Evidence

If you don’t work with your attorney to gather as much evidence as you can, it could jeopardize the potential outcome of your case. Missing evidence could make it harder for you to claim certain damages or to prove that the other party was at fault.

Some critical evidence includes:

• Photos of the vehicle damage, license plates, road conditions, and traffic signals.
• Witness statements and their contact information.
• The other driver’s insurance and contact details.
• Any visible injuries sustained in the crash.

Not Seeking Immediate Medical Attention

Many accident victims assume they are fine when there are no visible symptoms to be addressed. However, some injuries, like whiplash or internal bleeding, can take hours or even days before symptoms show up. When this happens, victims are left suffering from damages that are more serious than they initially thought. Seeing a doctor as soon as you can allows you to secure documentation of your injuries. This can strengthen your claim for compensation.

Speaking to Insurance Adjusters Without Legal Advice

After an accident, insurance adjusters may reach out to get a recorded statement or try to offer a quick settlement. While this might seem like a helpful gesture, it’s important to remember their goal is to minimize the amount their company pays out. When you give a recorded statement without legal guidance, you run the risk of your words being misinterpreted. This can hurt your claim, which is why it’s always recommended to consult with an attorney first.

Posting About the Accident on Social Media

It’s completely normal to turn to social media to update your friends and family on what is going on in your life. However, when you’re involved in a car accident, you should avoid speaking about it on social media. Anything you post online can be used against you later on. Even posting “I’m feeling fine” can be taken out of context and used to make the point that your injuries are not as serious as you are claiming them to be.

Waiting Too Long to File a Claim

New Mexico has a statute of limitations of three years for personal injuries related to car accidents. Those who miss this deadline will forfeit their right to secure compensation for any damages caused by the accident. This is why it’s important to hire an attorney to supervise your entire case and ensure you don’t miss any critical deadlines.

FAQs

Q: Is New Mexico a No-Fault Accident State?

A: No, New Mexico follows a fault-based system for car accidents. This means the driver who is responsible for causing the accident is liable for damages. This system allows injured parties to file a claim with the at-fault driver’s insurance company or pursue legal action if necessary. New Mexico also requires drivers to prove the other driver’s negligence to recover compensation. All injured parties have a right to seek losses from whoever is found responsible.

Q: What If the Insurance Company Offers a Low Settlement?

A: Insurance companies are known to make low settlement offers in an attempt to resolve claims quickly and minimize their payout. If you receive an offer that does not completely cover your medical bills, lost income, and other damages, you have a right to negotiate for a fairer amount. If you are unsure, an attorney can validate that it covers the true extent of your injuries and future expenses. Remember that once you accept a settlement, you cannot seek more compensation.

Q: Can a Car Accident Impact My Insurance If I Wasn’t at Fault?

A: Yes, your insurance rates can increase even if you were not at fault for causing the accident in Albuquerque, New Mexico. However, the extent of any insurance increase will depend on your insurer’s policies and accident history. In New Mexico, insurance companies consider factors like claim history, accident severity, and whether or not your policy includes accident forgiveness when determining premium adjustments.

Q: What Should I Do If the Other Driver Left the Scene?

A: If the other driver has fled the scene, otherwise known as a hit-and-run accident, it’s crucial to act quickly to protect your claim. First, call 911 immediately to report the accident. Try to recall details about the individual who fled and their vehicle, such as what model and color it was. Check the area for surveillance footage cameras, as this could also help to identify the driver. If necessary, your attorney will tell you to file an insurance claim under your uninsured coverage.

Read more: Albuquerque Car Accident Statistics

Contact Berenson & Associates, PC, Today

If you have been involved in a car accident in New Mexico and are looking for quality representation, contact our firm today. We are standing by, ready to get to work on your behalf.