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New Mexico Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for New Mexico on
Q: Someone barrows your car they wreck into a building are you responsible for paying damages
Tim Akpinar
Tim Akpinar
answered on Mar 19, 2020

It would be best if a New Mexico attorney advised here, but you await an answer for two weeks, and there are certain things you need to do without delay. In most jurisdictions, the owner, as well as the operator, can be sued. Hopefully, your insurance will cover the loss. From the serious damage... View More

1 Answer | Asked in Personal Injury and Car Accidents for New Mexico on
Q: The other person insurance company said if I dont use the 10,000 for medical I'll lose it any way to keep what's left
Peter N. Munsing
Peter N. Munsing
answered on Jan 9, 2020

Ask your attorney. Don't have one? Look for a member of the NMex Assn for Justice in the county where it happened.

1 Answer | Asked in Car Accidents for New Mexico on
Q: I hit a cow on hwy 126 in jemez N.M. Is the owner of the cow responsible for damage to my vehicle
Peter N. Munsing
Peter N. Munsing
answered on Nov 6, 2019

Generally I have had luck getting coverage through the farmer's insurance, but if you have collision run it through that and let them chase the farmer for the information.

While the owner of a farm animal is responsible if they are allowed to leave the farm, if it were such that you...
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1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: What should happen to a driver that hits a pedestrian. Driver admitted to not paying attention due to texting.

My wife and I were both walking into Sam’s and a lady was texting and hit myself and wife. I was tapped by the car but my wife was hit with more force and thrown. My wife was taken to the hospital, the driver gave a statement and was allowed to leave. I haven’t seen the report yet so I don’t... View More

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2019

I hope the two of you are okay and that your wife is recovering from being thrown by the car. If she is contemplating a claim, your wife should speak with an attorney without delay. Most attorneys who handle these types of cases offer free initial consults. Obtain the police report and find out if... View More

2 Answers | Asked in Car Accidents for New Mexico on
Q: Does this apply to parking lots on private property
Tim Akpinar
Tim Akpinar
answered on Feb 5, 2019

Does what apply? It looks like something accidentally got left off your question.

Tim Akpinar

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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
PREMIUM
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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1 Answer | Asked in Car Accidents and DUI / DWI for New Mexico on
Q: If I was in a car accident (dui) and dealt damage to a building can I still he charged although it was unintentional

Charged for criminal damage to property

Peter N. Munsing
Peter N. Munsing
answered on Oct 8, 2018

The DUI or the damage? Either way it's a yes, inasmuch as you knowingly consumed alcohol, and you thus carelessly did damage a structure.

1 Answer | Asked in Car Accidents for New Mexico on
Q: I got into an accident and my insurance company cancelled my policy. Is that legal?
Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2018

Generally yes. There may be issues as to how it was done, but they aren't required to carry you. Now if they terminated early, that may be problematic. Check with your insurance commissioner but first get all the documents lined up.

1 Answer | Asked in Traffic Tickets and Car Accidents for New Mexico on
Q: Can you be charged with careless driving in a private parking lot?

I accidentally hit a pedestrian in a parking lot while driving approximately 13 mph. I was simply not paying attention to the road because of fatigue. The pedestrian suffered a fractured ankle. I was charged with reckless driving under the New Mexico Statute, however I do not think that reckless... View More

Glenn Smith Valdez
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Glenn Smith Valdez
answered on Apr 25, 2018

Careless driving does not apply in a parking lot. Reckless, however, can be committed in a parking lot. Reckless has a higher “mens rea” or intent element, meaning simply being negligent will not suffice. It also carries mandatory jail. This is a serious offense. You should consult with an... View More

1 Answer | Asked in Car Accidents, Civil Rights, Criminal Law and Federal Crimes for New Mexico on
Q: Our car was stolen for a week, wrecked into a business and police caught a guy. Can we sue him for damages?

We had already filed a claim with our insurance and our car was already known to be reported stolen. These are his arrest charges:

Arrest Charges

Release Type:

Arrest Date: 02/13/2018

Arrest Time: 21:00

Arrest Location:

Statute: 30-22-1.1... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 14, 2018

You can sue him but you'd likely never see the money. Thieves usually don't have much.

See if you can get an order of restitution from the criminal charges--contact the DA's victim assistance coordinator.

1 Answer | Asked in Car Accidents for New Mexico on
Q: Sold car to friend. Everything was still under my name. Friend got Into car accident. My insurance didn't cover.

The other partys insurance is claiming I'm responsible to pay 1000s back to them. Shouldn't the driver b responsible?

Peter N. Munsing
Peter N. Munsing
answered on Jan 16, 2018

Yes. However the other person--if not at fault--can claim against you.You want to fight your company as car was insured--talk to a member of the N.Mex Assn for Justice who handles "bad faith" claims--they give free consults.

1 Answer | Asked in Car Accidents and Traffic Tickets for New Mexico on
Q: My car was parked in front of my house along the road. Is that illegal?
Peter N. Munsing
Peter N. Munsing
answered on Dec 28, 2017

Depends on the roadway, if you were off the berm, etc.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for New Mexico on
Q: Where can I find the factual information on Diminished Value & it's relevancy to insurance claims in New Mexico?

I really would like to have some of the legislature on it so that I can know exactly what the current law is, or any shaping cases on the subject.

Peter N. Munsing
Peter N. Munsing
answered on Nov 11, 2017

I believe I suggested if you were hurt contact a member of the NM Assn for Justice--they'll give you a free consult. Why not ask your own insurance or AAA?

1 Answer | Asked in Car Accidents for New Mexico on
Q: Can you take someone to court for totaling your vehicle

Hello I'm currently looking for a lawyer to help me I just don't know where to start

On October 26 I was in an accident with a tow truck from a company called quality towing there driver failed to stop at a stop sign and went through the intersection I was crossing I wasn't... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 11, 2017

Tell the officer that defendant has no insurance. Technically they can't be a tow if they don't.

1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for New Mexico on
Q: How long after an accident can cops issue a ticket in Albuquerque
Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

No set time in most jurisdictions. If you have an issue like no insurance you'd want to get that squared away without waiting for any fallout.

1 Answer | Asked in DUI / DWI, Personal Injury, Real Estate Law and Car Accidents for New Mexico on
Q: I was riding a friends ATV on their property and they hit me on their ATV. they are trying to sue me now. Can they do it

We were at a friends house and I was riding his dads bike. They had been encouraging me to ride all day and i had been saying no i just finally gave in to them and got on. Our friend that hit me had been drinking. He was playing horse shoes with my husband and in the middle of the game he stopped... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 20, 2017

They can try but you can counterclaim if it gets to that.See if you are covered by your homeowners. You would have numerous defenses.

1 Answer | Asked in Car Accidents for New Mexico on
Q: Stop sign obstructed by large tree caused a vehicle accident, are we able to sue city for improper maintenance of signs?

We had a stop sign but could not see it due to a large tree covering entire sign which caused us to get into an accident at the intersection. Can the city be held liable for not maintaining signage?

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2017

City or property owner. Photos ideally. Check papers, news stations etc. Consult a member of the N.Mex.Assn for Justice--they give free consults.Don't give statements over the phone to anyone until you do. Certainly not to the other company.

1 Answer | Asked in Car Accidents for New Mexico on
Q: Does the city of Albuquerque pay for vehicle damage due to tree damage from the wind?
Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2017

Try it, but you'd have to show they knew it was a sick tree.

1 Answer | Asked in Car Accidents and Traffic Tickets for New Mexico on
Q: is driving with cruise control on during snowy weather. considered careless driving in NM?
Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2017

Could be depending on conditions, drifting snow etc.

1 Answer | Asked in Health Care Law, Medical Malpractice, Personal Injury and Car Accidents for New Mexico on
Q: Can I sue the NM Medical Board, State of New Mexico & other medical authorities for neglecting to address proper care?

I am permanently disabled from a motorcycle vs. drunk driver in a van in 1986, where I received multiple serious injuries and came very close to death. Leg tore to shreds, vertical fracture of my pelvis (split in half), crushed hand, broken arm. I worked hard to recover and rehabilitate, all the... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 29, 2017

Short answer is no. Courts don't tell administrative agencies what to do, and it's within their discretion. However, if your problem is getting a rehab plan or similar going, you will want to contact a group that deals with pain like the cancer socieity for your state, etc.

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