If you were in a car accident in Albuquerque, NM, and think you shared fault for the accident, should you admit it? An experienced Albuquerque car accident lawyer can evaluate your accident and give you important legal advice when it comes to admitting fault in an accident. Generally, it is unwise to admit fault when you’ve been injured and have a valid personal injury claim against the other driver.
New Mexico is an at-fault state for auto insurance purposes. Under the at-fault approach, the driver responsible for an accident has their insurance help pay for the other driver’s medical bills and costs after a crash. If both drivers are found to be at fault, their insurance companies will divide coverage based on each driver’s percentage of responsibility.
For these reasons, if a driver shares any fault for the accident, this will affect their financial recovery after a car accident in New Mexico. It is important to understand admissions of fault and how they can impact your personal injury claim.
What You Should Do After a Car Accident In Albuquerque
Right after a car accident, your body and mind will be in shock. Your pain, stress, and anger can cloud your judgment and cause you to skip important steps if you don’t have a plan. First, you should focus immediately on your safety and the safety of your passengers. Then, you should do the following:
Secure the Accident Scene
If you can safely move your vehicle out of harm’s way, do so. Keep your vehicle at the site of the accident, however, since it is illegal to leave the accident scene completely. Assuming you are able to get out of your vehicle, stay in a safe spot and alert passersby. Call for emergency help if nobody else has already done so. Wait for help to arrive and report any injuries or health concerns.
Report Your Accident
Report the car accident to your local law enforcement. If you fail to report an accident, you could face fines and consequences to your driving record. Even if the accident seems minor, you should report it – not only to avoid penalties but to preserve a potential personal injury claim. If you are unhurt but the other driver needs medical help, you may be required to offer reasonable help, even if that simply means calling emergency services.
Communicate with Law Enforcement Officers
When police arrive, their job is to investigate the accident. Their report will detail how the crash might have occurred, who was involved, and any witnesses to the crash. If you think you might have been at fault, you don’t have to admit anything at the scene. Simply provide information about the accident to investigating officers.
The police report will be used by insurance companies and defense attorneys as evidence, so don’t offer admissions that can work against you later. If you did admit to fault, an experienced attorney can explain what to do next.
Collect and Exchange Information
New Mexico requires drivers in an accident to exchange information such as names, insurance providers, and license plate numbers. It is wise for you to collect additional information if you can, including details of the accident scene, photos of the damage to both vehicles, photos of anything that could have led to the accident, eyewitnesses to the crash, and other details.
Call a Lawyer
Whether you or the other driver was at fault – or it was a combination of the two – you could use skilled legal help. A New Mexico car accident lawyer can help you understand your legal options and next steps following a car accident. If you admitted any level of fault for the accident, your lawyer will help you overcome an admission and move forward with your claim.
An Albuquerque personal injury lawyer working on a contingency fee basis will not charge you upfront for their services – it is worth consulting with an attorney to know your rights.
How Is Fault Determined After An Accident?
During an accident investigation, police will review the facts surrounding the crash. If a driver violated any local or state traffic laws, that alone could point to fault on their part. For example, if a driver ran a red light or was speeding before the crash, their traffic violation would show fault. If both drivers violated traffic laws, both could be found at fault.
The percentage of fault will be carefully reviewed by insurance companies under New Mexico’s at-fault liability rules. Your percentage of fault will come into play when damages must be paid out. For example, if you could be entitled to $100,000, but you were 40% at fault, your payment would be reduced to $60,000.
Under an at-fault insurance approach, you will have to open an insurance claim with the at-fault driver’s insurance provider to pursue damages. Assuming that the driver carries sufficient auto insurance, their insurer may offer to cover your medical costs and property repairs.
If your injuries were severe or long-term, and the insurer’s policy limits do not cover all of your damages, you might need to file a personal injury lawsuit in court. A car accident attorney will then prepare and file a lawsuit, negotiate a fair settlement, or take the case to trial if settlement talks don’t succeed.
What Should I Do If I Already Admitted Fault For My Car Accident?
If you admit fault after an accident, insurance companies will use that admission against you. The insurer will seek to reduce your claim or even deny it completely if they can shift the blame to you.
Admitting any kind of fault will not automatically doom your claim, however. An experienced New Mexico car accident lawyer will know how to use evidence to support your claim and move past any early admissions of fault. Trying to battle the insurance companies on your own after admitting fault is difficult. A personal injury lawyer can help.
Call an Albuquerque Car Accident Lawyer Today if You May Be at Fault for the Collision
If you were involved in a car accident and might have been at fault, you should contact an experienced Albuquerque car accident attorney as soon as possible. An experienced lawyer can evaluate the facts of your case and give you valuable legal advice about your next steps.
Contact Curiel & Runion Car Accident and Personal Injury Lawyers at (505) 594-3621 for a free consultation with our experienced Albuquerque car accident lawyers.