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When the responsible driver flees the scene following a car collision, it leaves victims not only dealing with physical injuries and property damage but also uncertain of how to pursue justice. Since this can happen to anyone, it is important to understand what to do if you are injured in a hit and run accident in Albuquerque.
Following a hit-and-run accident, you can receive compensation for your injuries by hiring a personal injury lawyer who can hold the at-fault party accountable for causing your injuries. Taking certain steps and avoiding common mistakes can strengthen your claim for compensation.
Ensure Your Safety and Seek Medical Attention
Your first priority should be your safety and the safety of those in your vehicle. If your vehicle is still drivable, drive away from moving traffic to the nearest shoulder. Turn on your hazard lights to alert other drivers and avoid further collisions.
Call 911 if your vehicle is heavily damaged or if you believe anyone was injured by the crash. Wait in a safe area away from moving traffic for police and EMS to arrive. Ask passengers if they believe they were injured. Even if you feel fine, it’s important to seek medical attention. Some injuries may not be immediately apparent but could worsen over time.
Gather Information at the Scene
If you can safely do so, take pictures of the scene of the accident. Video footage from your smartphone can also be useful later when your attorney needs to reconstruct the scene of the accident. If anyone saw it occur, take their contact information. Witness statements can be useful evidence to support your claim.
When the police arrive at the scene of the accident, they may file a police report. This is standard practice following a serious car accident. Provide information to the police officer about the events that led to the accident and what happened immediately afterward. However, be careful not to admit fault, as this could jeopardize your claim.
Report the Accident to Law Enforcement
If the collision wasn’t serious enough to cause significant damage to your car or bodily injury, you may not need to call 911, but you should contact the police to have them make an incident report.
Any hit-and-run incident is a potential crime. New Mexico law requires drivers to remain at the scene of a car crash if they were involved in the accident. Reporting a hit-and-run incident can greatly improve the chances that the at-fault party is caught, which can help you receive compensation for your injury.
Notify Your Insurance Company
As soon as you can, notify your insurance carrier about the accident. If you are unsure about whether you have uninsured motorist coverage, you can ask your insurance representative. Not every policy includes coverage for uninsured motorist collisions. Typically, this is an additional protection that is requested by the policyholder.
If you have uninsured motorist coverage, your insurance policy may cover the cost of repairing your car. If you do not have this additional coverage, you will either have to pay for the car damage yourself or you will need to locate the at-fault driver.
FAQs
What Is the Penalty for a Hit and Run in New Mexico?
A hit and run is a criminal offense that can have severe penalties in New Mexico. Beyond being charged with a misdemeanor or felony (depending on the circumstances of the case), the driver who flees the scene of an accident could also face civil penalties if the injured victim hires a personal injury lawyer and files a claim against the at-fault driver.
Is New Mexico a No-Fault Accident State?
New Mexico is not a no-fault accident state. It operates under a fault-based system, meaning that the driver who is found to be at fault for causing an accident is responsible for covering the damages. In New Mexico, the at-fault driver’s insurance typically covers the injured party’s medical expenses, property damage, and other losses.
What Is the Statute of Limitations in New Mexico for Bodily Injury?
The statute of limitations in New Mexico for bodily injury is three years. Missing this important filing deadline could mean you can no longer use the court system to remedy your claim. Having legal representation can help you avoid missing important filing deadlines. Filing a claim sooner rather than later can help you access important evidence that can support your claim. Don’t hesitate to file your claim.
Is Hit and Run a Felony in New Mexico?
Yes, hit and run can be charged as a felony in New Mexico, depending on the circumstances. If the accident involves serious injury, death, or significant property damage, the driver who flees the scene may face felony charges. In cases where the hit-and-run only results in minor damage, it is typically treated as a misdemeanor. Parties on both sides of the accident should be advised to hire lawyers in this situation.
Contact a Personal Injury Lawyer for Legal Guidance
Finding legal representation following a hit-and-run accident can be a crucial step if you are seeking compensation for your injuries. Your attorney can help in the investigation process to find the at-fault party by reviewing evidence at the scene of the accident and interviewing witnesses. If it is not possible to find the hit-and-run assailant, your lawyer can help handle negotiations with your insurance carrier if you file a claim using your uninsured motorist policy.
Personal injury attorneys have years of experience when it comes to finding the correct source of compensation for clients. Additionally, your insurance carrier will be more likely to offer a fair settlement if you are represented by legal counsel.
The knowledgeable lawyers at the Branch Law Firm have helped many clients hold at-fault drivers accountable. Your ideal recourse is to seek a settlement from your own insurance company through your uninsured motorist coverage, our law firm can handle those negotiations so you can be confident that you receive what you are owed. To schedule your consultation, contact our office today.