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New Mexico Car Accidents Questions & Answers
0 Answers | Asked in Car Accidents for New Mexico on
Q: see details on question of NM statue covering required level of repair to not at fault driver's car.

I was rear ended at a stop light, which was red. Other driver stopped, exchanged license/ insurance. There has been no argument as who's at fault. I have a 2019 Ford Edge, it was still under the 3 year/30,000 mile factory warrantee, only has 13,000 miles on it, absolutely no... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: Can I sue someone for hitting my car and saying they would pay because they didn’t have insurance but still hasn’t paid?

I got a police report and it states that he told them he would take care of it and I have texted messages from him saying he will bring the money but keeps giving me an excuse the day he is supposed to bring it to me. He also had no insurance at the time of the accident and has recently bought a... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. It's possible you might have options through your own insurance under UM (uninsured motorist) coverage. One would need to see the policy to say for certain. You could review your policy provisions with your... Read more »

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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1 Answer | Asked in Car Accidents for New Mexico on
Q: Can I sue someone for hitting my parked car? My car was totaled.

I had my car parked when this man hit my car and ran away. I believe the police caught him, but now my car is totaled. I don’t have the money to buy a new one and my insurance won’t cover the costs. Can I take this man to court for damaging my property? Their car was stolen.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2022

Yes, you can, however before doing that I would recommend that you file a claim against his car insurance and see if they will voluntarily cover your property damages.

1 Answer | Asked in Car Accidents for New Mexico on
Q: Am I supposed to get a written warning before someone puts a boot on my car?

I stayed at a friend's apartment, got there 9:30 pm and left 6:30 am. When i got to my car, there was a boot on the car. The paper said they put it on at 2:40 in the morning. Can they do that?

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2021

Not clear who the they are. If it was on private property, possible they could. If it's on public property, only the police should do it and thats for unpaid tickets. But in most states no warning is necessary. Speak with an attorney in your area who handles traffic issues once you know the... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Legal Malpractice for New Mexico on
Q: Had accident in Tx 08/19. Live in NM hired lawyer in NM it’s been over a year now attorney said I don’t practice in Tx.

NM Attorney said take final offer or find TX attorney cause he’s not licensed in TX. Just found this out after one 1/2 year of waiting for a result. No communication from the attorney. I have done all work on providing him with medical documentation. He’s done nothing. No communication and no... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2021

A Texas attorney/New Mexico attorney could advise best here, but your post remains open for two weeks. Regardless of whatever it was that caused the lapse in communication here, you should move without further delay to sort this out. Is your attorney under the impression you moved on and retained a... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: As a victim of hit and run j with great bodily harm, shouldn't I recieve summons or subpoena to give my story to courts?

The driver reported over phone 2 days later. Now she's trying to go no jury,no contest to a traffic citatipn, slap on wrist. I'm in a wheelchair now unable to walk.

Deena L. Buchanan
Deena L. Buchanan
answered on Jan 23, 2021

You can sue her in civil court. Our firm is currently representing someone in a hit and run case in Albuquerque.

1 Answer | Asked in Car Accidents for New Mexico on
Q: I was given a careless driving citation for wrecking my truck

I was on a rural road about to get to a highway and a big animal jumped in front of the truck the ground was wet and slippery so I lost control of the vehicle and drove off the side of the road into a ditch and damaged my truck I’m going to court what should I expect? I don’t mind the fine... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2020

A New Mexico attorney could advise best, but your post remains open for two weeks. If you haven't already consulted with an attorney, you should consider reaching out to local attorneys to discuss. Obviously, you don't need an attorney to tell you this; you already know it. But you appear... Read more »

1 Answer | Asked in Car Accidents and Civil Rights for New Mexico on
Q: Hi what legal charges can be made if you lend someone your car and then they accidentally wreck into a building?

Also will my insurance cover damages?

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2020

A New Mexico attorney could answer best, but your question remains open for three weeks. As a GENERAL premise, such situations could be characterized as negligent entrustment of a motor vehicle - every jurisdiction doesn't use the exact same term. Loosely speaking, the victim would need to... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: How do I write a summary judgment based on the fact that negligence was never assigned to any party ?
Tim Akpinar
Tim Akpinar
answered on Aug 23, 2020

A New Mexico attorney could advise best, but your question remains open for a week. If you go online, you may be able to find various motions posted online in PDF format, including summary judgment motions. However, you describe a setting where negligence was never assigned to a party. That could... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: Can I sue for someone hitting my car with there car ?

My cat went outside I live in a neighborhood. a car was driving over the speed limit hitting them an is injured can I sue for careless driving ?

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2020

A New Mexico attorney could advise best, but your question remains open for a week. As a general matter in most jurisdictions, you could. You would need to show that the other side was negligent. It could depend on how persuasive your evidence is. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents for New Mexico on
Q: I was behind s vehicle in uturn or left turn lane vehicle in front not paying g attention letting ti.e pass al.ost a mid

I was behind a vehicle in turn or left turn lane vehicle in front was not paying attention letting time pass almost a minute before I pulled around in front to make my u turn clearing vehicle in front when she then only looked up and hit her gas and t boned my car am I at fault?(

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2020

A New Mexico attorney could advise best, but your question remains open for two weeks. It's not fully clear what happened, but based on your description, it's possible both of you could be liable. If your lane was such that you were not supposed to go around her, and if she was in a lane... Read more »

1 Answer | Asked in Car Accidents and Criminal Law for New Mexico on
Q: Keying someone's car is coincided vandalism, what charges I'm I facing up against..
Peter N. Munsing
Peter N. Munsing
answered on Jun 5, 2020

If you were charged you would know. Generally, vandalism, malicious destruction of property would be two of them. There may be others.

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... Read more »

Mark Caruso
PREMIUM
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... Read more »

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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... Read 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... Read 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... Read more »

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