Every New Mexico collision is unique. There are hundreds of different types of vehicles that could end up colliding from a variety of different angles. Factors including the slant of the road, the speed of the vehicles and the age of the occupants can all influence the outcome of a crash. Some wrecks leave vehicles damaged, while others cause injuries to the people in the vehicle. Occasionally, crashes can cost someone their life.
Every driver should have insurance coverage that will help cover certain collision costs when they are at fault for a wreck. Despite the law requiring insurance, many collisions in New Mexico eventually result in lawsuits against the driver who caused the wreck or a third party that is responsible for the crash.
Why do so many crash cases lead to litigation in civil court?
Insurance can fail to cover huge expenses
Some drivers carry a lot of insurance because they want to protect their personal assets and future income. Many others simply want the cheapest coverage they can obtain while remaining compliant with New Mexico state law.
Thousands of drivers have only $10,000 in property damage coverage. If a vehicle is no longer safe to drive, that will not be enough to purchase a replacement vehicle in most cases. Additionally, what the state requires for bodily injury coverage is quite low. Drivers typically only need to have $25,000 worth of coverage if they hurt one person. Policies also include a minimum of $50,000 bodily injury coverage when two or more people end up hurt.
Those coverage amounts theoretically need to pay for both medical expenses and lost wages. Just the cost of initial trauma care could use up all of the available insurance on someone’s policy. Lawsuits are helpful in part because they are not subject to policy limits. People can request reimbursement for all of their crash-related losses even if they are 10 times higher than the coverage available through the policy of the at-fault driver.
Additionally, lawsuits can sometimes be necessary to determine who was actually at fault for the crash, as drivers who do something unsafe or illegal might lie at the scene of the wreck in an attempt to avoid responsibility for causing the crash. Those who file personal injury lawsuits can potentially demonstrate who was at fault for the crash and request full compensation for the losses they have endured.
Filing a personal injury lawsuit may be an appropriate response when a collision results in significant expenses and insurance isn’t enough. Seeking legal guidance is a good way to get started.