20+ year of experience
Insurance Defense Lawyers
Personal attention

New Mexico’s
Serious Injury Lawyers Find out if you have a case Find out if you have a case

Claim Injury After Accident

12.12.24
Davis Kelin Law Firm

After a car accident, it’s necessary to understand your legal rights and responsibilities as a driver. Knowing your state’s laws regarding insurance coverage, liability, and the claims process can help you navigate the aftermath of the accident more effectively.

Immediately after the accident, you should focus on collecting as much evidence as possible. This includes taking photographs of the scene, the vehicles involved, and any visible injuries or damage. Obtaining contact information from the other driver(s) involved, as well as any witnesses, can help build a strong case.

The photographs you take can provide valuable documentation of the accident scene and the extent of the damage. This can be especially helpful if the other driver’s account of the incident differs from your own. Witness statements can also corroborate your version of events and provide additional details that may be important for your claim.

It’s important to act quickly and thoroughly when gathering evidence at the scene. The more information you can collect, the better equipped you’ll be to navigate the claims process and ensure a successful outcome. Remember to keep all of your evidence organized and readily accessible, as you’ll need to provide it to your insurance company and potentially to the other driver’s insurance provider as well.

Seeking prompt medical attention is not only important for your health and well-being, but it also creates a documented record of your injuries and the treatment you received. Visiting a doctor or emergency room as soon as possible after the accident can help ensure that any injuries are properly diagnosed and treated. This documentation can demonstrate the extent of your injuries and the medical care you required, which can be essential for a successful insurance claim.

In addition to the physical benefits of seeking medical attention, it’s also important to consider the legal implications. If you wait too long to see a doctor, the insurance company may argue that your injuries were not as serious as you claim or that they were exacerbated by your delay in seeking treatment.

Once you’ve taken care of your immediate needs, it’s time to report the accident to your insurance provider. This should be done as soon as possible, as most insurance policies require prompt notification of any claims.

Be prepared to provide your insurance company with all the relevant details of the accident, including the date, time, location, and a description of what happened. You should also have the contact information of the other driver(s) involved and any witnesses.

Remember that your insurance company is there to help you, but they also have a responsibility to investigate the claim and ensure that any payouts are justified. The claims process can be complex, but understanding the steps involved can help you navigate it more effectively. This includes submitting the necessary documentation, communicating with the insurance company, and following up on the status of your claim.

It’s important to be patient and persistent throughout the claims process, as it can sometimes take time to resolve. Keep detailed records of all your interactions with the insurance company, including the dates, times, and names of the representatives you spoke with. This can help you track the progress of your claim and identify any discrepancies or issues that may arise.

If you encounter any difficulties or disputes during the claims process, don’t hesitate to seek the assistance of a legal professional. An experienced attorney can help you understand your rights, negotiate with the insurance company, and ensure that you receive the compensation you’re entitled to. Remember that the claims process is designed to protect both you and the insurance company.

Keeping meticulous records of all your expenses and losses related to the accident is key to a successful claim. This includes medical bills, lost wages, property damage, and any other costs you’ve incurred as a result of the accident.

Be sure to keep copies of all receipts, invoices, and other documentation to support your claim. This will help you demonstrate the full extent of your losses and ensure that you receive the compensation you’re entitled to. It’s also important to keep track of any time you’ve missed from work due to the accident, as well as any ongoing medical treatment or rehabilitation you may require.

In addition to financial losses, you may also be entitled to compensation for pain and suffering, emotional distress, and other non-economic damages. While these can be more difficult to quantify, document any changes to your quality of life or mental well-being that have resulted from the accident.

Once you’ve submitted your claim, the insurance company will likely make an initial offer for settlement. If the offer is not satisfactory, you may need to negotiate with the insurance company to reach a fair settlement.

When negotiating with the insurance company, it’s important to be firm but reasonable. Provide a clear and well-documented justification for the compensation you’re seeking, and be prepared to counter any objections or concerns the insurance company may raise. Remember that the insurance company’s goal is to minimize their own financial liability, so it’s up to you to advocate for your rights and ensure that you receive the full compensation you’re entitled to.

If you’re unable to reach a satisfactory agreement with the insurance company, you may need to consider other options, such as filing a formal complaint or pursuing legal action. Unfortunately, insurance companies don’t always act in good faith, and you may encounter disputes or denials of your claim. This can be a frustrating and stressful experience, but it’s important to remain calm and persistent.

If your claim is denied, you have the right to appeal the decision. This may involve providing additional evidence, negotiating with the insurance company, or even seeking legal representation.

In some cases, the insurance company may dispute the extent of your injuries or the amount of compensation you’re seeking. They may argue that your injuries were pre-existing or that the accident was not the sole cause of your losses. In these situations, it’s important to have a strong case supported by medical documentation and other evidence.

Remember that the claims process can be time-consuming and stressful, but by staying organized, communicating effectively, and seeking professional assistance when needed, you can increase your chances of a successful and satisfactory resolution.

Do you have a case?

Find out in 3 easy steps if you have a case.
All fields are required. If you need immediate assistance, do not hesitate to call us.

Note: Completing this form does not create an Attorney-Client Relationship
*information required