Just knowing that you’re not responsible for causing an accident isn’t enough on its own to satisfy the requirements of the highly strict insurance company. So, if you’re planning on filing a personal injury claim, you must provide proof—and this goes a little beyond your word—sometimes, not even the official accident report is enough.
The responding authorities can also run into issues assigning blame for an auto accident. This is when you need to get to work gathering evidence, but it also helps to know where to start. The key elements to prove a personal injury claim can be a little complex which is why we’re taking a closer look at each one.
Navigating New Mexico Insurance Laws
Insurance companies aren’t in the habit of paying out submitted claims without proof. If they didn’t require proof, you would be able to file random claims for just about anything. Pretty soon, insurance rates go up, at least before the company declares bankruptcy.
Like other states, New Mexico’s personal injury law also requires everyone to provide proof. New Mexico also follows two specific insurance rules that also play a role in accident claims.
New Mexico is an at-fault insurance state. You file a claim against the liable party’s insurance provider. New Mexico also follows pure comparative negligence guidelines, and this is when proving fault can be key to protecting your compensation amount.
Pure comparative negligence allows for more than one party to be assigned blame for the same accident. You can still file a compensation claim as long as you’re not more than 99% responsible for the accident. Your compensation amount will be reduced by the percentage of fault you have.
To help ensure your claim’s value is unfairly reduced, you need to provide plenty of proof. This also means meeting the key components of negligence.
Key Components of Negligence
Before you file a claim with the insurance company, you need to show the four key elements of negligence. Remember, New Mexico is an at-fault state, so the liable party’s insurance provider is responsible for covering your damages.
The four components of negligence build off of each other. If you can meet the first element, the second one builds off of it, and so on.
Duty of Care
You must show the liable party owes you a duty of care. This means they must act in a reasonable manner that doesn’t unnecessarily increase your risk of being in an accident.
Pretty much everyone owes someone a duty of care. Motorists have a duty to others on the road. Physicians have a duty to their patients, you get the general idea.
The legal definition, in a nutshell, is to behave in the way you expect from a reasonable person. A reasonable motorist will stop at a red light. A reasonable physician won’t ignore obvious symptoms.
Breach of Duty
After establishing the duty of care, the next step is to show that the liable party has breached their duty. Sometimes, this is relatively easy. If your accident is caused by a driver running a red light and it’s captured on a traffic camera, you’re probably all set to meet this element of negligence. Other times, it can be a little more complicated.
A breach of duty occurs when the liable party’s actions aren’t those of a reasonable person. Since everyone’s definition of reasonable behavior can vary, this element of negligence can be kind of confusing.
Usually, the court looks at average behaviors to define reasonable actions. Using the red light example again. A reasonable driver will stop at a red light and wait for it to turn green. A reasonable physician will take the time to examine a patient complaining of an illness and displaying symptoms. To meet this element, you must show that the defendant’s actions aren’t those of a reasonable person.
Causation
If you’ve made it to the third element of negligence, it gets a little easier to prove negligence. You need to show the defendant’s breach of duty is the cause of the accident. A good tip is to play the ‘but for’ game. An example is your injuries wouldn’t have occurred but for the defendant running the red light.
When you can show the defendant’s behavior is the direct cause of your accident and resulting damages, you can usually move on to the final element of negligence.
Damages
The fourth element of negligence requires you to prove your damages are directly caused by the accident and the defendant’s actions. If you’ve made it through the other three elements, this is usually the easiest to prove.
How do you show your damages are caused by the accident? A good place to start is with your accident report. Your report usually contains a ton of information that can include assigning blame and listing some of your damages. The damages are typically pretty vague, but it’s a good place to start.
Your medical records are also a crucial part of most injury claims. You’re also going to need to provide repair bills and estimates if you’re claiming property damage. Your pay stubs can help establish a loss of income if your injuries are causing you to miss work. These are just some examples of how you can supply proof of your damages.
Can You Appeal Your Percentage of Blame
Sometimes, insurance adjusters and the authorities unfairly assign blame for an accident. Remember, New Mexico is a pure modified comparative negligence state, and this can impact the value of your accident claim.
If you believe you’re assigned more than your fair share of fault for an accident, you can file an appeal in civil court. You and the defendant’s insurance company will present your evidence in court, think of it as a mini-trial.
A judge or jury will review the submitted evidence and make a decision and then your percentage of fault may be reduced or it can even stay the same.
Proving Your Personal Injury Claim
A lot can go into proving a personal injury claim to get compensation, and sometimes, it’s not something you can easily tackle yourself. Partnering with an experienced accident attorney can help you make sure that you’re not unfairly assigned blame, and this way, you can recover fair compensation for your damages.
