Insurers do not follow time limits to settle accident injuries in New Mexico. However, they must respond to your claim “reasonably promptly” under NMSA § 59A-16- 20. Continued or repeated violations of this standard could result in a bad faith claim against them.
In general, accident injury settlements could take as quickly as a few months if you are satisfied with the amount an adjuster is offering you directly. It could take between a few months to over one year to reach a fair and reasonable out of court settlement with the help of your attorney. Filing a case against your insurer in civil court could increase this timeframe significantly.
In This Article
Las Vegas, NM car accident lawyer Marc A. Grano, addresses the factors that affect accident injury settlements while explaining relevant laws and statutes. Grano Law Offices, P.C. wrote this post for negligently injured people in New Mexico who want to learn more about the potential timeframes surrounding settlements.
Factors Affecting Time Insurers Have to Settle Accident Injuries in New Mexico
Several facts and circumstances give rise to looming or shrinking accident injury settlements in New Mexico. Essentially, the question of liability, eyewitnesses, injuries, and the law all play a role. Hire a car accident injury attorney to represent you. We will fight for you, and we will walk you through the steps of your car accident case.
Liability
Identifying liable parties and proving their negligence is one of the most challenging aspects of obtaining a fair settlement promptly. Since New Mexico follows a fault-based insurance system, you can be sure that insurers will fight to not pay more than what they perceive as their required share of damages.
Eyewitnesses
Eyewitnesses can help your case, and your injury attorney will spend time contacting them individually for statements. However, many eyewitnesses could be involved, which necessitates the need to coordinate them and collect statements. If their testimony is more compelling, we may even need them to come in for a deposition.
Injuries
New Mexico laws allow you to collect additional compensation if your injuries result in future medical expenses. As such, the more severe your injuries are, the more time it will take to settle your case. The only way to determine your future needs is by getting a doctor’s opinion, which can only occur after reaching what they believe to be maximum recovery or improvement. This situation also gives rise to lengthier settlement timeframes.
Other Factors
Insurers will investigate your car accident injuries and raise any conflicting allegations. While they have the right to do so, their efforts cannot unreasonably delay your settlement. Regardless of what is causing a time delay in your case, your attorney will help you make sense of it from a legal and financial standpoint, so that you feel in as much control over your situation as possible.
Legal Deadlines Also Impact Your Case’s Timing
You have up to three years from the date of your accident injury to file a lawsuit against your insurer under NMSA § 37-1-8. However, most cases settle before seeing a courtroom during the negotiation or pre-trial phase. While three years may seem significant, it is critical to investigate your accident and injuries as soon as possible.
Eyewitness memories fade, and accident site evidence can degrade, making it impossible to get the desired and proper outcome in some situations. Avoid delaying the negotiation of your injury settlement. Instead, get no-cost, no-obligation legal advice from a lawyer with experience and legal resources.
Laws Protect Against Untimely Accident Injuries Settlements in New Mexico
New Mexico’s laws may not hold insurers to a specific schedule, but this situation does not give them the authority to keep your settlement hostage for unreasonably long periods. Speak with a car accident lawyer in your area of New Mexico to determine if your insurance provider is acting in bad faith. A bad faith lawsuit would allow you to collect additional compensation for your losses related to delays and non-payments.
It is important to remember that a wide range of factors affects the timing and settlement of a personal injury case, such as a car accident. Severe injuries and multiple vehicles can complicate the investigation process, which adds time. However, your attorney will work with your medical providers to get treatment, often through a Letter of Protection.
Our state laws are clear regarding your rights: you deserve a fair, reasonable settlement for the losses someone else negligently caused you. Do not allow time to become the catalyst for accepting a lesser offer. Put a car accident attorney on your side to get the right outcome.
Get a Free Case Evaluation with Grano Law Offices, P.C.
Did someone in Northern or Central New Mexico negligently injure you or a family member? If so, the Las Vegas, NM car accident lawyer at Grano Law Offices, P.C. is ready to help. Call our office for your Free Case Evaluation at (505) 426-8711 or message us directly ad confidentially through our contact form. We can also meet at your preferred location if you or a loved one are too injured to travel.
If you hire us to represent your injury claim, our legal team does not get paid until your case is won. Otherwise, you owe us nothing for our time, resources, and services.
