Albuquerque Car Accident FAQs

albuquerque car accident faqs

Albuquerque Car Accident FAQs

Even the most cautious of drivers cannot 100% avoid auto accidents.  If you were recently injured an accident, you may be feeling confused and overwhelmed.  Or, maybe you’re just being proactive in case you need this information in the future.  Either way, we hope you find our answers to some of the most common Albuquerque car accident frequently asked questions (FAQ) helpful.

While we hope that these FAQs serve as a resource for you, please know that each auto accident case and each injury case is unique.  To discuss your specific scenario at no cost and with no obligation to you, call 505-247-2774 to speak with a knowledgeable Albuquerque auto accident lawyer or fill out our free consultation request form..


Do you offer free consultations?

Yes, I am more than happy to talk with people about their auto accident injury case at no cost to them.  At the end of our call, no fee is charged regardless of:
– whether or not the caller would like to retain me to represent them.
– whether or not it is in the caller’s best interest to settle with the insurance company directly.
– whether I can or cannot take the case for any reason, including current case volume.


How much will I have to pay for you to represent me?

Our fee is a percentage of the monetary recovery that we make for you.  If we do not recover any amounts for you, then there is no fee.  We refer to this as our “no-fee guarantee.”  While most attorneys charge a starting fee of 33.3%, we offer a discounted fee.  We make great efforts to eliminate any unnecessary costs so that our clients retain as much of their settlement or award as possible.


Will I have to go to court?

It is certainly a possibility that we will recommend doing so in certain cases.  If we are able to reach a fair settlement agreement – meaning the insurance company agrees to pay what we believe your injury case is worth – then your case will not go to court.  Most of our cases are successfully resolved outside of the court room.  However, if the insurance company’s offer amount is less than you deserve, we will recommend taking your case to court.


What is the “statute of limitations”?

Put simply, a “statute of limitations” means that there is a certain amount of time in which a lawsuit must be filed.  A statute of limitations is a state law and the deadlines vary depending upon the type of case.  For an auto accident case, the time clock starts running on the day of the accident.  In New Mexico, the statute of limitations for filing any injury lawsuit arising from a car accident is three years.


How can I obtain a copy of my traffic accident report?

In Albuquerque, you can obtain a copy of the police report by going to the Law Enforcement Center (400 Roma NW) between the hours of 7:00am-5:00pm Monday-Friday, or at any of the six substations in Albuquerque.  Substations are typically open to the public from 8:00am-5:00pm, Monday-Friday.  You can find more information here, including address, contact information, and opening hours for each substation.  There is an associated cost of $0.25/page.

In addition, auto accident police reports may also be purchased online.

Instructions for obtaining a police report in Rio Rancho can be found on the Rio Rancho city website, here.

Please know that there may be a delay from the date of collision until the report is released.


What if the driver who hit me doesn’t have insurance?

New Mexico requires that all drivers have a certain level of auto insurance. Unfortunately, New Mexico ranks among the worst states for uninsured drivers: more than 1 in 5 drivers in NM do not have insurance. If you were hit by a driver who doesn’t have insurance, you still may be able to pursue compensation. If you have uninsured/under-insured motorist coverage (also referred to as UM/UIM coverage), you may be able to receive compensation from your own insurance company. A knowledgeable uninsured driver accident lawyer can help to identify your options.


Can’t I hire any lawyer with a NM license for my case?

Yes, you are certainly able to hire any lawyer who is licensed in New Mexico.  It is important to note, however, that not all attorneys have training, knowledge and experience in handling auto accident injury cases.  The example of doctors is often used as an analogy: If you needed to undergo a heart surgery, would you choose to have the surgery done by a specialist or a general practitioner?  Both are doctors.  However, the specialist has the training and expertise to increase the chances of a successful outcome.  Just as medical specialists have areas of focus, so do attorneys.  You may have a friend who works in contract law or an attorney who helped you through a divorce or to prepare your Last Will and Testament.  These lawyers are likely great in those areas, but may not have the extensive amount of training and experience in auto injury cases that auto accident injury lawyers (an area of personal injury law) do.  If you know an attorney who you think could help you, you may want to exercise your right to ask about the knowledge, training, and expertise of that attorney and the scope of his or her work.


What is comparative negligence?

Comparative negligence is also referred to as comparative fault or “shared” fault.  In order to receive monetary compensation for your auto accident related injuries, you need to prove that the other driver was at fault or negligent.  New Mexico is a comparative negligence state, which means that a plaintiff may be held partially responsible for the collision and, therefore, for his or her associated injuries.  New Mexico courts are legally required to apply the comparative negligence rule when there is comparative fault.  This means that any financial award that you receive for your damages will be reduced by the percentage of fault that is assigned to you.  For example, if you were found to be 10% negligent, then your financial award will be reduced by 10%.  Even if your case does not go to court, insurance adjusters will likely bring this up during settlement negotiations.


Should I give a statement to the insurance companies?

You can notify your insurance company of the accident; however, you have no obligation and it is in your best interest not to speak with the other driver’s insurance company.  Insurance adjusters will likely call you the same day that the accident occurs, as their goal is to minimize their liability as much as possible.  Insurance adjusters are trained to ask specific questions in specific ways to try to point any blame that they can your way, even if you are not at fault.  Beyond this, you may not yet know if you are injured, due to the adrenaline pumping through your body after the accident.  It is best to speak with an attorney first.  Most personal injury attorneys in Albuquerque, like Baskerville Law LLC, offer no-cost consultations.



What should I do after a car accident?

When should I hire a car accident lawyer?

How much money is my auto accident claim worth?

How long will it take to resolve my auto accident injury case?

What should I consider when hiring an auto accident attorney?




Even equipped with the answers to these Albuquerque car accident FAQs, you’ll likely have questions specific to your auto accident.  Contact Baskerville Law LLC at 505-247-2774 for your no-cost consultation or complete the free consultation request form below.


Case Consultation Request Form