Legal Question in Traffic Law in New Mexico

Auto Accident

My daughter was rear ended. Her car was totaled and she suffered injuries. We did not have full coverage. Their insurance co. refused liability, but ours took them to arbitration to recover medical costs. They were found 100% liable for the accident, but now refuse to pay us for my daughters car and other expenses. They will not even return my phone calls now. What are my chances in small claims court? We are asking approx. $10,000 in damages. Who should I include - the insurance co. and the driver or just the insurance co.? How can they deny my claims when they were found 100% at fault? We have a witness and pictures of the skid marks. The police made no determination of fault. It is going on two yrs., but arbitration was in Oct. 2003. Do I have a time frame? Can I make my insurance co. release the arbitration findings so I can use in court? They said that since we didn't have collision, they cannot assist us. Thanks


Asked on 4/06/04, 1:23 pm

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

Re: Auto Accident

This is truly not an area in which you should attempt to represent yourself. There are simply too many pitfalls for the inexperienced to weather. Consultations with personal injury attorneys are available at no cost. You have only 3 years from the date of the collision within which to either file suit or settle the case. Liability will have to be established in court if they continue their unwillingness to deal with you, but mostly they are going to play with you unless you hire an attorney. Then they will get serious, but not before, because they know you don't know the rules. Jurisdiction in small claims court, for instance, is limited to $10K, so if your claim is worth more than that you cannot proceed in Metro Court in Bernalillo County, and Magistrate Court elsewhere. You would do well to consult a lawyer before you proceed further and perhaps make a serious economic mistake.

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Answered on 4/06/04, 3:12 pm


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