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New Mexico Car Accidents Questions & Answers
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.

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... Read 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... Read 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... Read 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 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... Read more »

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... Read 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.

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