Legal Question in Personal Injury in New Mexico

automobile accident

I was in an auto accident 4 months ago, which I was not at fault for, I have been recieving treatment for injuries sustained. I have settled with the insurance company for the automobile but not for the personal injury. I'm trying to do that now. I was employed at the time but was fired when I came back from being off because of the accident I could no longer perform my job duties. I did not work the whole time I was in treatment. Can I be compensated for that time or just for the days I missed of work due to the accident while I was still employed? and do they have to pay for registration, license, anssales tax on the totaled vehicle or is it to late?


Asked on 7/28/02, 3:13 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: automobile accident

We see questions such as your regularly. They always make us wonder whether or not representing one's self is really economic.

The chances are you signed a comprehensive and complete indemnifying release when you accepted payment for your vehicle. You were entitled to recover for licensing, sales tax and related expenses in a total loss, but it is now too late. There is nothing legally available after deliveringj a legally competent release, and you can be assured that the insurance company had you sign such an instrument.

Concerning the PI aspects of your claim, you are entitled to be compensated for all losses reasonably related to the collision, including "down time" if it is so connected. The problem you are encountering is that the insurance company adjusters handle claims such as your day-in day-out for years. You are a novice at the game. They know that, and won't volunteer any information to help you [they didn't volunteer to pay sales tax, did they?], and they don't take you seriously because you constitute no threat to them. They know you can't maintain a lawsuit with your experiential base, they know you don't know what you are entitled to, and they will often missrepresent to you what the elements of your claim are. The time between being fired and being remployed may be related to your PI claim, but you will have to know how to document it.

It is not too late for you to seek competent legal representation, and we suggest you would profit from doing so. After all, you haven't done all that well so far by leaving money on the table in settling your PD claim.

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Answered on 7/29/02, 10:01 am
Douglas Barr The Barr Law Firm, P.C.

Re: automobile accident

I can't answer your question without more information, and seeing a copy of the Release that you signed when you settled for the property damage. Please call me to discuss, at no charge. I've been practicing law for 27 years, most of that time representing injured people in car accidents. Time is critical, so call soon. My number in Albuquerque is 888-4409.

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Answered on 7/29/02, 1:04 pm


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