Just because the driver at fault for the accident in New Mexico is from another state does not mean that they are not responsible for your injuries. However, collecting compensation from an out-of-state driver can be more complicated than recovering it from someone in New Mexico. Call our Albuquerque car accident attorneys today to figure out how you can get compensated from your New Mexico car accident. Here are some of the legal complications you may experience with an out-of-state driver:
Different Insurance Systems
New Mexico is an at-fault state for car accidents. Here, the party found responsible for the accident is responsible for paying for the damages they caused through their negligence. All vehicles in New Mexico must have minimum liability insurance that helps pay for damages they cause to others. The minimum required amounts of liability insurance in New Mexico are:
- $25,000 for bodily injury to one person
- $50,000 for bodily injury to more than one person
- $10,000 in property damage per accident
Nearby states have similar insurance requirements and operate under a fault-based insurance system. However, other states operate under a no-fault insurance system. There, drivers involved in a crash turn to their own Personal Injury Protection (PIP) insurance for coverage, regardless of fault. They may be barred from filing a lawsuit against the at-fault driver unless they suffered a serious injury or the amount of their damages exceeded their insurance limits. To have a fair chance of recovering compensation for your damages, you will need to understand the insurance laws that apply in the other state.
Jurisdiction of a New Mexico Car Accident with an Out-Of-State Driver
The staff and attorneys at Caruso Law Offices live and work in New Mexico. We are local NM attorneys. However, when an at-fault driver is from another state, the question of jurisdiction can come into play. Jurisdiction refers to the authority of a court to hear a case. Generally, a civil court can hear a case when the events that gave rise to it occurred within the state’s borders. Therefore, New Mexico courts would generally have subject matter jurisdiction over a car crash that occurred in New Mexico. However, you may also have to show that the at-fault driver had “minimum contacts” with the state or get the at-fault driver’s consent for New Mexico to hear the case for the court to exert personal jurisdiction over the defendant.
Long-Distance Investigations of New Mexico Car Accidents
When all of the parties involved in a case are located in the same area, it can be easier to get the information you need to support your claim. Insurance adjusters and personal injury lawyers can travel to the accident scene, document it, and inspect the vehicles involved in the crash. However, this might not be possible if the at-fault driver drove their vehicle back to their home state. You may have to rely on photographic and video evidence, which can sometimes not provide a good basis of the extent or intensity of the damage.
Getting Legal Service for Your New Mexico Car Accident with an Out-Of-State Driver
You will also need to be able to serve the at-fault driver if you must file a lawsuit against them. This requires knowing the rules regarding service in both states. Additionally, if you win a personal injury lawsuit against them, you will have to have that judgment registered in their state.
Contact Our New Mexico Car Accident Attorneys for a Free Case Review
If you need assistance and legal representation in a car accident case involving an out-of-state driver, contact Caruso Law Offices for a free consultation at (505) 384-7865 .