Yes, a cyclist can sue a driver for injuries in New Mexico when a driver’s negligence caused them.
State and federal laws give them the legal right to file a claim for medical bills, lost wages, and pain and suffering. However, try negotiating an insurance settlement in good faith against the at-fault driver’s policy before filing a personal injury lawsuit. If the insurer fails to pay, injured parties can sue them in court to obtain a fair award owed under state and federal law.
In This Article
Las Vegas, NM bicycle accident injury lawyer, Marc A. Grano, takes an in-depth look into an injured cyclist’s legal options for obtaining the compensation they need for medical bills, lost wages, and more. He also shares how legal representation at no upfront cost could help you achieve a better result.
New Mexico’s Legal Steps for Recovering Injury Compensation
There are two legal steps toward recovering compensation after a bicycle accident injury in New Mexico. You can negotiate a settlement with the at-fault party’s insurer, or, if that does not work, you can sue them in court. However, you should try to negotiate a settlement before going to court in many situations, unless other factors, such as time, prevent this from happening.
Here is a closer look at both steps below:
Step 1. Negotiate an Insurance Settlement
Negotiating an insurance settlement is always the first step when recovering bicycle accident injury losses. You typically negotiate this settlement by filing a claim against a policy covering the accident. Since New Mexico recognizes an at-fault insurance system, the cyclist will typically file a claim against the at-fault driver.
Most cyclists file claims against the following policies:
- At-fault party’s auto insurance policy: If an insured driver caused your bicycle accident injuries, you can file a claim against their policy. However, you will have to prove liability, negligence, and financial losses. A bicycle accident injury lawyer in New Mexico can help you handle this aspect of your case.
- Personal health Insurance policy: You can also use your health insurance policy to cover your accident-related medical expenses. This coverage should be available to you regardless of fault.
- Uninsured/underinsured motorist (UI/UM) policy: Another option is to file a claim against your UI/UM policy if you carry one. This policy helps in situations where the at-fault driver does not have insurance or where the vehicle owner is different from the driver.
It is challenging to capture all the possible scenarios you could be in a negotiating position after an NM bicycle accident injury. The most direct way to establish your legal options is by speaking with a New Mexico bicycle accident lawyer.
Related Article: How to Respond to a Low Personal Injury Settlement Offer
Step 2. File a Personal Injury Lawsuit (If Negotiations Fail)
In many cases, it is possible to achieve a fair settlement when represented by a New Mexico personal injury lawyer. However, a disagreement could arise over the amount, or the insurer could be acting in bad faith, meaning you may have to resolve things in court.
Personal injury lawsuits are a final option and generally only make sense when the benefit outweighs the cost. By working with a bicycle accident attorney in New Mexico from the outset of your case, we can help you determine if going to court is worth it for your specific situation. The filing of a complaint must take place prior to the expiration of the applicable statute of limitations under NMSA § 37-1-8.
Related Article: New Mexico Bicycle Laws: Cyclists, Protect Yourself from Car Accidents
Find Out What Options Are Available to You
Every personal injury case is unique in that your case’s facts change the outcome according to local, state, and federal laws. As such, severely injured people or those who lost the life a family member may want to discuss their case with a bicycle accident injury lawyer in New Mexico. We will work with and for you to fully investigate your case and hold insurance companies accountable to the law.
Our goal is to get you compensation for medical bills, lost wages, pain and suffering, mental anguish, and loss of consortium.
We will also have access to experts and legal resources to ensure that you present your side of the case in an accurate and compelling manner during negotiations. We will also work with the insurance company and your medical providers to account for every dollar you are owed.
Grano Law Offices, P.C. Can Get You Answers
Grano Law Offices, P.C. is a personal injury law firm in Las Vegas, NM. We represent the rights of injured cyclists and surviving loved ones when going up against liable parties refusing to pay a fair amount. We will not get paid until you win your case.
Our legal team welcomes you to learn more about your case at no cost or obligation. Learn more about how we can help during a Free Case Evaluation by calling (505) 426-8711 or online. Let us know if you prefer to arrange a secure video conference call with us when reaching out to our firm.
