When you are hit by a distracted out-of-state tourist in a rental car while driving down St. Francis Drive in Santa Fe or navigating the winding roads of Taos, your life can turn upside down in an instant.
Suddenly, you are not just recovering from severe injuries; you are forced to navigate a confusing web of out-of-state auto insurance policies and corporate rental agency legal departments all trying to deny liability for the crash. Within this chaos, you have specific legal rights under New Mexico law to ensure that your medical bills, lost wages, and pain and suffering are fairly compensated.
The issues surrounding personal injuries caused by out-of-state rental car drivers are complex. Within this chaos, you may have many legal options that get your medical bills, lost wages, and pain and suffering paid fairly. However, the only way to ensure you receive the money you are owed under state law is to seek legal advice from a car accident lawyer with experience, resources, and skill.
In This Article
Our New Mexico car accident injury lawyer, Marc A. Grano, explains your legal options, how liability is determined, how to cover your expenses, what to expect, and how to avoid common mistakes. Grano Law Offices, P.C. wrote this post to provide general legal information to injury victims and their loved ones on handling personal injuries involving out-of-state rental car drivers.
Table of Contents
State Laws Decide Fault After an Out-of-State Rental Car Accident
New Mexico law follows an at-fault insurance system, meaning that injured parties file a claim against the driver who caused the accident, including those involving rental cars. As such, you have a few options when pursuing a claim against one:
- Option 1: File a claim against the rental car’s policy
- Option 2: File an uninsured/underinsured motorist (UI/UM) claim against your own policy if the rental car policy does not meet state minimums
- Option 3: Pursue your case in civil court
Negotiating a settlement is the first step toward getting your losses covered after a personal injury. If the liable insurer, rental car company, or individual fails to pay a fair amount under the law, your attorney may recommend taking your case further, like going to trial. Those instances are rare; however, they are a viable option in the event that a party attempts to evade responsibility.
Determining Fault Against an Out-of-State Rental Car Driver
The accident investigation will reveal who caused the accident and the extent of their liability. Under NMSA § 41-3A-1, drivers are only responsible for their share of negligence, which can significantly impact your settlement. For example, if you were found to be 20 percent at fault for your accident injuries, your settlement amount will be reduced by that amount.
As such, insurers will take every legal opportunity available to reduce the amount they owe you. Consider hiring a car accident attorney to ensure they do not get away with paying you less than you deserve under the law.
Getting Your Medical Bills and Other Losses Covered
Knowing how car accident injury compensation works can be frustrating. Time missed at work, mounting medical bills, and other losses can build pressure and anxiety on an already injured person. However, it can be helpful to understand the types of compensation you may be eligible for in general to reduce this friction.
Compensation available for car accident injuries involving an out-of-state rental car driver includes:
- Current/future medical bills
- Current/future lost wages (for time missed)
- Pain and suffering damages
- Wrongful death damages (for loss of life)
- Punitive damages (rare)
- Other awards
Avoid THESE Common Mistakes After a Rental Car Accident in New Mexico
Emotion, understandably, often drives most injury victims and concerned family members after a car accident. However, cooler heads prevail under these circumstances, so it is critical to maintain perspective throughout the process.
Here are a few common mistakes to avoid when filing a claim against a negligent out-of-state rental car driver:
- Downplaying or overstating your injuries
- Allowing your emotions to lead the fight
- Sharing details about your case on social media
- Apologizing for the accident
- Avoiding the process of getting legal advice
- Taking too long to file your claim
- Shirking your doctor’s advice and orders
- Purchasing unapproved medical care out-of-pocket
Instead of taking chances with your claim, consider whether it is worth consulting with a New Mexico car accident injury lawyer. They will hold negligent parties accountable, argue for a fair settlement, and take your case to trial if necessary.
When to Consult with a New Mexico Car Accident Lawyer
Most good people and families want to avoid a legal fight. However, the process can look more like a negotiation over contracts and consultations, eschewing a made-for-television court battle when working with a car accident lawyer. While the process can be long and arduous, legal representation gives you greater control over the outcome and a sense that it was settled in accordance with local, state, and federal laws.
You might want to consult with a New Mexico car accident law firm, like Grano Law Offices, P.C., if you are facing any of the following circumstances:
- Catastrophic injuries or wrongful death
- Received an injury claim denial
- Received an inadequate injury or wrongful death settlement
- A family member lost their life
- Multiple parties were involved
- Other injury-related insurance issues
As you can see, it is usually best to consult with a car accident attorney when dealing with ANY personal injury. However, the decision to discuss your legal rights and options is only one that you can make. Consider the circumstances, err on the side of caution, and, at the very least, get no-cost advice to put your mind at ease.
Discuss Your Options with a Free Case Strategy Session
You have legal options and rights when dealing with injuries caused by a negligent out-of-state rental car driver. Marc A. Grano and his legal team will take the time necessary to understand your unique circumstances and provide you and your family with a path forward. Learn more at no cost or obligation to hire by calling us at (505) 426-8711 or message us below for your Free Case Strategy Session.
Our New Mexico car accident injury lawyer does not get paid unless you win. We also have multiple modes of communication for your convenience, including in-person, virtual, or at-your-preferred-location visits.
