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New Mexico Car Accidents Questions & Answers
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
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...
Read more »

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 »

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... Read more »

Mark Caruso
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...
Read more »

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... Read more »

Glenn Smith Valdez
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... Read 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... Read 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... Read 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.

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