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Questions Answered by Mark Caruso
1 Answer | Asked in Car Accidents for New Mexico on
Q: I was told by my auto insurance agent that uninsured motorist coverage in NM is portable, is that true?

I have multiple cars and he told me that I only need to have it on one of my two cars and it would cover both cars in the event of a claim. I still had to sign a form saying I was declining it for one of the cars. Was his statement true?

Mark Caruso
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Mark Caruso
answered on Jun 20, 2022

My name is Mark Caruso and I am with Caruso Law Offices.

Yes, uninsured and underinsured motorist coverage is portable. For instance, if you own a Ford and a Chevy it would work like this. You could buy uninsured motorist coverage on the Ford and not on the Chevy. If you are in an...
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1 Answer | Asked in Car Accidents and Wrongful Death for New Mexico on
Q: My son was in a rollover accident he was the passenger and both people in vehicle where ejected and died

It was a single car accident can I sue for wrongful death I'm his mom he was 29

Mark Caruso
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Mark Caruso
answered on Jun 20, 2022

My name is Mark Caruso with Caruso Law Offices, and I would like to answer your questions.

Yes you can bring a claim on behalf of your son. Because your son was a passenger and not at fault for the crash, you can sue on behalf of his estate. First, you would need to get appointed as the...
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2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for New Mexico on
Q: Hit by drunk driver, both vehicles totaled. Other driver charged with DUI and off to jail. Injuries, maybe long term.

We have her insurance info and filed a claim. Our insurance paid our vehicle off and offered us an extra almost $4500 (This does not replace the vehicle). We are still waiting, 6 days now for police report. We have lost work time, scared kids, no vehicle, and anguish to know end. We want to go... View More

Mark Caruso
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Mark Caruso
answered on Mar 29, 2020

I am so sorry to hear of your recent crash which was caused by a drunk driver. DWI's continue to be a real problem in our state. You can bring a personal injury claim against the driver and insurance company for all injuries suffered by you and your family. Each of you have an individual... View More

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1 Answer | Asked in Car Accidents for New Mexico on
Q: I received a summons due to careless driving. I was driving to work and had an accident. What are my options.

I was driving to work on the highway with some winter conditions present. I was driving below the speed limit when I swerved and fell into a ditch. There was nobody else on the highway at the time. Police only arrived on the scene thirty minutes later after I had called AAA. According to the court... View More

Mark Caruso
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Mark Caruso
answered on Dec 10, 2018

Thank you for contacting Caruso Law Offices.

You will need a criminal attorney in the county where the citation was issued. (Not saying that you are a criminal, but criminal attorneys handle citations like the careless driving citation you received.) We don't handle these types of...
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2 Answers | Asked in Personal Injury for New Mexico on
Q: Would arbitration ever be preferable to a lawsuit in a personal injury case involving a car accident where both people

are at fault?

Mark Caruso
PREMIUM
Mark Caruso
answered on Feb 1, 2017

I think you are asking whether an arbitration is preferable to a jury trial. Arbitrations are typically much less expensive, quicker and easier than a jury trial. An arbitration is typically done before a single arbitrator or group of arbitrators and is typically completed in less than one day.

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1 Answer | Asked in Personal Injury for New Mexico on
Q: Is restitution allowed in addition to bodily injury liability payments?
Mark Caruso
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Mark Caruso
answered on Apr 22, 2013

You cannot get double recovery on your claim.

1 Answer | Asked in Personal Injury for New Mexico on
Q: What is the statuate of limitations on damage to property of a household member?
Mark Caruso
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Mark Caruso
answered on Apr 22, 2013

The statute of limitation for damage claims is 3 years. An exception is when the claim for damages is against a governmental entity such as the state, county, city, school when the statute of limitations is 2 years.

2 Answers | Asked in Personal Injury for New Mexico on
Q: Can your lawyer give u an advance on your settlement
Mark Caruso
PREMIUM
Mark Caruso
answered on Apr 22, 2013

NO. The Rules of Professional Responsibility for the State of NM prohibit a direct advancement of cash or other benefit to a client. The only exception is for litigation and case expenses and costs. However, an attorney in NM is permitted to sign a protection agreement between a client and a... View More

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2 Answers | Asked in Personal Injury for New Mexico on
Q: Can i sue a direct tv employee who assaulted me with a 2 1/4" metal pipe that was 5 ft long during a road rage incident?
Mark Caruso
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Mark Caruso
answered on Apr 22, 2013

Yes. This is clearly an assault and battery. Not only is it a criminal act but it is a civil act as well.In a civil claim you can get damages for medical expenses, pain and suffering, lost earnings and punitive damages. Because he was in the scope of his employment, his company may also be... View More

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2 Answers | Asked in Personal Injury for New Mexico on
Q: Can I add lost wages to my personal injury law suit ?
Mark Caruso
PREMIUM
Mark Caruso
answered on Apr 22, 2013

YES. New Mexico law specifically permits a damage claim for lost earnings and future earnings in a personal injury suit sucha as a car or truck accident. Remember, the lost earnings and future earnings must result from the injuries you received in the accident. If a physician tells you to stay... View More

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