Legal Question in Personal Injury in New Mexico

I was in a car accident and the other driver's insurance company has claimed total liability. Do I have the right to a copy of their declaration page? My claims agent is telling me that the "limit" for bodily injury is $25K. However, they have already paid us close to $50K in property damage. It seems odd that the limit on bodily injury would be the state min. when the property was not. I ask b/c i have already had over 10K in medical bills and a letter from the doctor stating the probability that I will need a triple cervical fusion in the next 2-5 years which is very expensive. And in the meantime, I will most likely conitinue to need the steroid epidural shots.


Asked on 4/26/10, 9:02 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

You are making a grave mistake by trying to handle this by yourself. Insurance law in this area is tricky and complicated, and you are risking the loss of considerable money by not having a professional handle this for you. You can arrange a consultation at no cost with a Personal Injury attorney, find out his charges, and evaluate if he will get you more than you can get by yourself. By your questions my guess is that he will. Minimum liability limits in NM are indeed $25K. NM law also requires you be given a copy of the policy, including the dec page, but that requirement arises only during litigation, not before. Property damage coverage is a separate matter from injury liability coverage. Again, get professional help. You are not wise to attempt this matter yourself, as there is too much money and future unknowns at stake.

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Answered on 5/01/10, 9:44 am


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