This information could suggest we are a very expensive state for insurance companies. It could also imply that they are strongly motivated to settle accident injury claims for as little as possible here. While there is no set amount of time that a car accident settlement takes, insurers must pay personal injury claims fairly and promptly under New Mexico’s Insurance Code.
Does the mounting pressure of medical bills, lost wages, and emotional distress have you thinking about how long a car accident settlement in New Mexico takes? If so, you are not alone; an average of 12,755 people suffer from car accident injuries in our state each year. Plus, New Mexico exhibits crash rates that far exceed the national average.
In This Article
Our San Miguel County car accident attorney, Marc A. Grano, is here to guide you through the three phases of a car accident injury settlement, provide tips for making the claims process more efficient, and explain why it is important to avoid settling too quickly. This article is designed to empower people injured in a car accident or their concerned loved ones, helping them understand what to expect and how to navigate the settlement process.
Timeline: 3 Phases of a New Mexico Car Accident Settlement
Total Time for a Car Accident Settlement: An average of between three months and three years
The personal injury claims process encompasses all activities related to filing, processing, and settling your car accident injury claim with an insurance adjuster. Due to varying case complexities, this process can take as little as three months or as long as up to three years. We cap the settlement process to three years due to the general statute of limitations, or civil suit filing deadline, that applies to personal injury claims under NMSA § 37-1-8.
Here is a brief overview of the three phases of a New Mexico car accident settlement:
Phase 1. The Personal Injury Claims Process
Phase 1 Timeline: Up to 30 and 120 days
Phase 1 centers on filing your car accident claim and waiting for an offer. More specifically, you will have to:
- Follow your doctor’s orders
- File your injury claim on time
- Handle the insurance investigation
- Determine if you will accept their settlement offer
- Follow-up on communications as necessary
After investigating and analyzing the results, you will discover what the insurance company thinks they owe you for your injuries caused by the at-fault driver. This number may or may not be fair. However, you do not have to accept their first offer and may want to see what a personal injury attorney thinks first.
Phase 2. Settlement Negotiations (Optional)
Phase 2 Timeline: Up to 30 days and three years
If you hire a New Mexico car accident lawyer, they will launch an immediate and complete investigation of the facts, preserve relevant evidence, and negotiate with opposing parties. Depending upon the severity of your accident injuries, this process could comprise several rounds of back-and-forth lasting for up to 30 days or three years. Your attorney will help you understand what you might expect as you go through the process.
Ideally, settlement negotiations result in a higher settlement compensating you for medical bills, future healthcare costs, lost wages, and pain and suffering. If satisfied, you can move to Phase 3 and finalize your car accident settlement. However, things do not always go as hoped, even in law. This means that depending on the settlement offered, your attorney may recommend litigation at this point.
Your Options If Insurers Fail to Pay a Fair Settlement
So, what happens when insurance companies fail to pay a fair car accident settlement in New Mexico? The law says that your next move is to file a civil lawsuit against them in one of the district courts if they committed specific violations.
You Have the Right to File a Civil Lawsuit Against Insurers for Damages If They engage in any of the following practices under NMSA § 59A-16-20:
- Lie about policy provisions
- Fail to act on your claim
- Refuse to pay a fair settlement
- Take more than 90 days for catastrophic injuries
- Fail to recognize investigation standards
- Purposely delay your settlement
If you had hired legal representation for the negotiation phase, a personal injury law firm, like Grano Law Offices, P.C., would have documented any unfair claims practices exhibited by the insurer. This meticulous preservation of evidence will prove its usefulness if you determine that going to civil litigation is the best course of action for your case. Otherwise, you may be left with severely limited options.
Phase 3. Claim Finalization: Up to 60 days
Phase 3 Timeline: Up to 60 days
Reaching a fair settlement allows you to put your accident behind you unless you decide to take the civil court route. Finalizing a car accident claim consists of the following activities:
- Signing a release of claims
- Receiving your settlement
- Negotiating lower medical bills
Once you sign the release of claims, it is over. You cannot demand additional funds in the future. This result could become problematic if you determine that your injuries are much worse than previously thought and need additional compensation. Hiring a car accident injury lawyer will help you avoid this situation.
3 Tips for a More Efficient Car Accident Settlement
There are a few things that you can do to help your attorney keep your case moving along as quickly as possible. It is also worth noting that every case is unique, and the timelines that apply to your situation may not apply to another case. However, you can do a few things to support a more favorable outcome.
Below, we have outlined our three tips for making the car accident settlement process more efficient:
1. Follow Your Doctor’s Orders
One of the most crucial aspects of a car accident settlement is getting the medical treatment you deserve after suffering from injuries caused by negligence.
You should also make a concerted effort to:
- Retain receipts for out-of-pocket costs
- Attend all doctor’s appointments
- Follow their prescribed treatment plan
- Take time off from work when required
- Avoid downplaying your injuries
- Report ALL related injuries and DO NOT minimize what injuries you have suffered as a result of an accident. In my experience, clients tend to focus on the area of the body that hurts the most, and they do not tell the medical provider about every injury they have sustained. Now is not the time to be stoic or shy. If the pain was caused by the accident, then it is in your best interests to make your medical provider aware of it and obtain treatment.
These tactics allow us to demand a fair award on your behalf and mitigate any accusations that your past injuries or actions caused them to worsen. Following your doctor’s orders will also mitigate accusations that your past injuries or actions caused them to worsen. Our legal team is here to support you through this process by working closely with your medical team.
2. Stay Organized
The insurer will ask many questions about the accident. It is crucial to get these details right; otherwise, they could be processing your claim based on inaccurate, settlement-reducing information. Instead, take an hour or so to prepare for filing your car accident claim by assembling a small personal injury file to help you keep track of your case.
Your personal injury file should include:
- Your license and registration
- Insurance cards and policies
- Police and accident reports
- Photos of the accident scene
- Photos of your injuries
- Eyewitness information and statements
- Doctors notes
- Receipts from out-of-pocket expenses
- Paycheck stubs if you work
- Pertinent written communications
If you are too injured to accomplish this task alone, try enlisting the help of a trusted family member or friend. This personal injury file will help you save time by keeping accident-related evidence and documentation in a single, accessible location.
3. Start a Pain and Suffering Journal
A pain and suffering journal is a notebook that accounts for the non-financial losses you incurred due to accident injuries. It is also admissible as evidence to receive pain and suffering damages, including emotional distress, embarrassment, mental anguish, lost enjoyment of life, and humiliation.
Your pain and suffering journal should include a daily record of the following information:
- Your pain level
- Symptoms
- Your emotional health
- Your energy levels
- Your mental clarity
- Sleep quality
- Weather
- Food, drinks, and supplements
- The day’s activities
Any notebook will work; it does not have to be a particular type, but it should be solely dedicated to pain and suffering entries. If you prefer a templated notebook for this specific situation, try looking for a daily symptom tracker like this one. Set a daily reminder on your phone, maybe an hour before bed, so you do not miss a day.
Why You Should Avoid Settling Too Quickly
Did you know that people who negotiate a personal injury settlement receive $30,700 more on average versus those who accepted the first offer? Insurance companies may try to use the mounting pressure of medical bills, lost wages, and emotional distress against you in their favor. They do so hoping that you will accept their first offer and sign a claim release, absolving them of future liability.
Here are a few more reasons why you should avoid settling with insurers too quickly:
- Insurers will deny future accident-related claims.
- You might be unknowingly accepting a lesser settlement offer.
- Your doctor might still be evaluating your prognosis.
- The claims adjuster and investigator were not on your side.
- Your case is more complicated than you realize.
- An attorney might say the law says you deserve more.
Instead of giving in to their tactics, discuss your options with an experienced New Mexico car accident attorney, like Marc A. Grano. Our legal team will take the time to address your concerns and offer you feedback at no cost or obligation. We also have the resources, skills, and knowledge necessary to build a strong case on your behalf if you choose us to represent your case.
Discuss Your Options During a Free Case Strategy Session
Avoid taking a fast settlement; state law says you deserve a fair and reasonable award for the injuries another person caused you. Get the answers you deserve during a Free Case Strategy Session with Grano Law Offices, P.C. at (505) 426-8711 or message us below.
We will only recommend our legal services if we believe we can add value to your case. If you like our proposed strategy and hire us, your accident lawyer will not get paid until you win your case!
