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New Mexico Car Accidents Questions & Answers
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 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.

2 Answers | Asked in Car Accidents and Personal Injury for New Mexico on
Q: What is a standard Pain and Suffering settlement for a shoulder injury following auto accident

I was injured in an auto accident about 1 year ago. I have progressed through doctor appointments, physical therapy and cortisone shots and still have remaining pain and limited motion. The insurance company wants to settle the claim. I need to understand what might be a fair settlement.

Joshua Bradley
Joshua Bradley
answered on Feb 10, 2017

There are many factors that go into what a fair settlement will be--and, every case varies. It seems you have had extensive medical treatment, but you have unresolved issues as well. There are many issues you need to weigh before coming to a settlement with an insurance company. You also have to... View More

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1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: Had a car accident in june, someone Hit my parked car with his huge trailer. . Was in Florida. Usaa paid for my car.

I had pain for 7 Weeks and was 6 Tims by physical therapy because my doc said a spine disc make pressure on my nerve and headache and neckpain.e. usaa offers 250$ pain and suffering money.is this realistic?

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2016

No, but you were doing it yourself. Contact a member of the Fla. Justice Assn--they give free consults.

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: Had a car accident in june, someone Hit my parked car with his huge trailer. . Was in Florida. Usaa paid for my car.

I had pain for 7 Weeks and was 6 Tims by physical therapy because my doc said a spine disc make pressure on my nerve and headache and neckpain.e. usaa offers 250$ pain and suffering money.is this realistic?

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2016

No but that's why you need an attorney. You've tried the do-it-yourself bit. Now contact a member of the Florida Justice Assn.They give free consults.

1 Answer | Asked in Car Accidents for New Mexico on
Q: I'm here on a visa and got in a car accident - anything I need to be aware of?
Peter N. Munsing
Peter N. Munsing
answered on Dec 5, 2016

If you had insurance no. If not nothing immediate but you will complicate matters. If it wasnt your fault and was the fault of other driver contact a NM Trial Lawyers Assn & Foundation member--they give free consultations.

1 Answer | Asked in Car Accidents for New Mexico on
Q: How can a judge render a verdict in March if the case was still pending,and did not come to a final verdict in November?

In 2012 I was in a car accident and didn't being dealing with the accident the end of 2014 through 2015. In November 2015 the final outcome was in my favor. Now in the mists of this ,I then received a letter from GlaxoSmithKline saying that I owed them $18,000 for the car accident. So I sent... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 22, 2016

Your attorney needs to contact them to find out what that judgment was for. You need to have been served with process for it.

You need to sit down with your attorney, in person, not over the phone. Do this as soon as possible.

1 Answer | Asked in Car Accidents, Products Liability and Civil Rights for New Mexico on
Q: If any personal items such as laptops or disc albums were to be strewn about due to trailer flip can cops impound it?

If a trailer were to flip and I were to go to retrieve my personal valuables and halted by officers could I use the law as my defense to procure my items?

Peter N. Munsing
Peter N. Munsing
answered on Sep 18, 2016

You would want to ask that they allow you to get personal items. They can't impound unless they believe a crime was committed or if the crash resulted in a fatality or similar. If you aren't the owner of the trailer or driver, then there's the problem.

1 Answer | Asked in Car Accidents for New Mexico on
Q: I was in an accident where the fault was the other driver's. I was pulling a camper and the camper was totaled.

Can I be compensated for travel to buy a camper similar to the one that was totaled? The nearest one is 8 to 12 hours away.

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

No. Law says it's not part of the obligation of the wrongdoer. However you may have an injury claim so you want to talk to a lawyer who is a member of the New Mexico Trial Lawyers Assn & Foundation--they give free consultations.

1 Answer | Asked in Car Accidents for New Mexico on
Q: No warning sign of up coming public road from private road caused accident am i at fault ?
Peter N. Munsing
Peter N. Munsing
answered on Aug 9, 2016

Your duty is to keep a lookout--for kids, other vehicles, major roadway. They should have had a stop sign but question is are you more than 50 per cent at fault? No harm getting a free consult from a member of the NMex Trial Lawyers Assn.

1 Answer | Asked in Business Law and Car Accidents for New Mexico on
Q: What is the statute regarding qualifications of auto appraisers in New Mexico? Do they need to be licensed?

I was involved in an accident in which the third-party accepted liability. As the vehicle was only 4 months old, a diminished value claim was started. I hired a certified appraiser and received a very detail report stating the diminished value. I submitted this to the insurance company, however,... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 4, 2016

Insurers don't like diminished value claims. If third party accepted liability, you should have an attorney to work on your injury case. If not, contact a member of the NMexico Trial Lawyers Association--they give free consultations.

1 Answer | Asked in Lemon Law and Car Accidents for New Mexico on
Q: If I was in an auto accident and my airbags didn't deploy would I have a case against the car manufacture?
Joshua Bradley
Joshua Bradley
answered on Nov 25, 2016

There are many factors that go into a products liability claim against the vehicle manufacturer. Some of the factors are: type of impact, force of impact, and damages caused due to airbags not deploying. It would be best to get a free consultation with a personal injury attorney so you may share... View More

1 Answer | Asked in Car Accidents for New Mexico on
Q: Type of Lawyer for hitting and killing dairy cattle on NM 267

Owner refuses to admit fault. car totaled, injury to left hand and shoulder. I live in Albq. but have family in Portales. "Dairy" cattle crossing State 267, Portales, NM. 11/08/15 Need Pro Bono, contingency or ?

Adam Studnicki
Adam Studnicki
answered on Feb 4, 2016

Talk to an injury lawyer. Most work on a contingency fee.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate...
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1 Answer | Asked in Car Accidents for New Mexico on
Q: I am looking for a Pro Bono Lawyer that is willing to take a case where I hit dairy cattle that were crossing State 267.

Owner claims to have no insurance. My car was totaled, my left hand broken, and left shoulder hurt. What would this be considered to be as far as the type of Lawyer needed? This occurred in Roosevelt County.

Adam Studnicki
Adam Studnicki
answered on Feb 4, 2016

Injury lawyers work on a contingency fee. May be hard to find one who will work for free.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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1 Answer | Asked in Car Accidents for New Mexico on
Q: Can I get compensation fr company tht destroyed mycar denied itthn after came outsnd was responsible They offerd3.000 b

Investigating firm found they were at fault thy offered 3.000 damage was way over6.800 and iwaswith oit acar frm april till july my sonmissed many physcappt.andallthe stress and incovinens thy also gave me a false document tht car was perfect whe in thr possesion ifinally claimed it on my ins.bt I... View More

Adam Studnicki
Adam Studnicki
answered on Jul 27, 2015

Very hard to follow the text here. Talk to a local lawyer.

1 Answer | Asked in Car Accidents for New Mexico on
Q: what is the statute on a um claim
Adam Studnicki
Adam Studnicki
answered on Nov 13, 2015

Statutes of limitations can be tricky to apply. Talk to a local lawyer about your specific circumstances.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for...
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1 Answer | Asked in Car Accidents for New Mexico on
Q: What is a fair settlement& should I hire a lawyer?Is Geico liable for cost of hotel& home repair&permits& vet fees

on may 2 a women (with geico insurance)drifted onto wrong side of road then wrecked off road and into my mobile home causing $14,000 in damages my trailer is "unliveable" according to gas company from gas leak and carport is leaning &may fall bathroom and back room need to be redone.... View More

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Talk to a NM injury lawyer. Most provide free consultations. Insurance companies often make unreasonably settlement offers to unrepresented persons. Be well.

1 Answer | Asked in Car Accidents for New Mexico on
Q: is motorist responsible for vehicle damage if he or she runs a yellow/red light?
Adam Studnicki
Adam Studnicki
answered on Nov 13, 2015

They may be, especially if red, but check with a local lawyer regarding the specifics of what happened. More information is needed to answer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal...
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2 Answers | Asked in Car Accidents for New Mexico on
Q: If I was involved in a car accident {I was rearended} and I found out that the injury I had was there but not evident un

Until after the accident. What is the law in NM? Is t you take the victim as you find them?

Adam T. Funk
Adam T. Funk
answered on Mar 25, 2014

You have three years from the date of the accident to file a lawsuit. If your injuries did not appear until after the accident, that is okay - every person injures differently. Finally, you are right about taking the "victim" as you find them. We call it the egg-shell plaintiff rule.

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1 Answer | Asked in Car Accidents for New Mexico on
Q: I was involved in a car accident where the vehicle that hit me was cited for running a red light and open container.Help

Car hit me as I was clearing the intersection. Impact at passenger front quater panel. Minor injuries to me, undisclosed injuries in the other vehicle. Will I need a lawyer along with my insurance company? I am fully covered, and the other driver had some sort of insurance. Thanks for any help... View More

Adam T. Funk
Adam T. Funk
answered on Mar 25, 2014

It is always helpful to retain a lawyer to help you. Insurance companies play crafty tricks on unsuspecting car accident victims. Lawyers help cut through those games.

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