Beat Insurers After a New Mexico Motorcycle Wreck Today

Why insurers push back on motorcycle claims

Insurance carriers know motorcycle injuries often involve high medical costs and lost wages. They may rely on stereotypes about riders, dispute visibility, or argue you shared fault to reduce what they pay. Understanding these tactics helps you respond strategically and preserve your claim’s value.

First steps after a New Mexico motorcycle crash

• Call 911 and get medical care, even if symptoms seem mild. Follow through with recommended treatment and keep all discharge instructions.
• Report the crash to law enforcement and request the crash report number for your records.
• Gather evidence if it’s safe: photos of vehicles, road conditions, skid marks, debris, your injuries, and the surrounding scene; names and contact information for witnesses.
• Notify your insurer promptly according to your policy requirements, but keep your statement factual and brief.
• Avoid posting about the crash on social media. Insurers may review public posts.

How New Mexico fault rules affect your recovery

New Mexico follows a pure comparative negligence system: you can seek compensation even if you were partly at fault, but your recovery is reduced by your percentage of fault. See Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981). Insurers may try to increase your share of fault by arguing speed, lane position, or visibility. Detailed evidence – helmet use, lighting, reflective gear, dashcam footage, and witness accounts – can counter those arguments.

Dealing with the adjuster without hurting your claim

• Keep statements concise. Stick to objective facts: date, location, vehicles involved, and that you’re receiving medical care.
• Decline recorded statements until you’ve spoken with counsel.
• Do not speculate about speed, distances, or fault.
• Do not sign broad medical authorizations. Provide only records related to the crash, not your entire history.
• Track every contact with the insurer: dates, names, and summaries of conversations.

Medical documentation is your leverage

Your medical records are the backbone of your claim. Follow-up appointments, specialist referrals, physical therapy, prescriptions, and home modifications should all be documented. Keep a symptom and pain journal, note missed work, and retain receipts for out-of-pocket expenses such as rides to appointments, braces, or over-the-counter supplies.

Common damages in New Mexico motorcycle cases

Compensation may include medical expenses (past and future), lost wages and diminished earning capacity, repair or total loss of your motorcycle and gear, and noneconomic losses such as pain, suffering, and loss of enjoyment of life. In limited circumstances – and only with proof of a culpable mental state such as reckless, willful, or wanton conduct – punitive damages may be available. See, e.g., Clay v. Ferrellgas, Inc., 118 N.M. 266, 881 P.2d 11 (1994).

Helmet, lane use, and equipment considerations

Evidence related to helmet use, lighting, and equipment maintenance can influence fault arguments and injury valuation. New Mexico law includes safety equipment requirements that may vary by age and vehicle type. For example, riders and passengers under 18 must wear a protective helmet. See NMSA 1978, § 66-7-356. Even when not strictly required, using a DOT-compliant helmet, reflective gear, and proper lighting can improve safety and help counter insurer claims about avoidable injury.

Timing considerations and preserving your rights

Deadlines to file lawsuits and to give notice to government entities can be strict and may vary depending on the parties involved, the type of claim, and other factors. Early investigation helps secure evidence like surveillance video, vehicle data, and 911 recordings before they are overwritten. For example, the general statute of limitations for personal injury is three years from the date of injury (NMSA 1978, § 37-1-8), and special notice rules may apply to claims against government entities (NMSA 1978, § 41-4-16). Act promptly to avoid missing important time limits.

When to call a New Mexico motorcycle injury lawyer

Consult a lawyer as soon as possible if you have significant injuries, disputed fault, a hit-and-run, an uninsured/underinsured motorist claim, or if you’re being pressed for a recorded statement. An attorney can manage insurer communications, preserve evidence, calculate full damages, and position your case for negotiation or trial.

What our firm does for riders

• Free consultation and case evaluation.
• Rapid evidence preservation: scene photos, witness outreach, vehicle inspections, and data downloads when available.
• Coordination with your medical providers and careful documentation of treatment and costs.
• Strategic negotiation with insurers, including presentation of liability proof and damages.
• Trial-readiness to maximize settlement leverage.

Practical checklist

• Get medical care and follow all treatment plans.
• Request and keep copies of the crash report and medical records.
• Photograph the scene, your gear, and your motorcycle before repairs.
• Keep a pain and recovery journal.
• Notify your insurer; decline recorded statements pending counsel.
• Consult a New Mexico injury attorney promptly to protect deadlines.

FAQ

Do I have a case if I was partly at fault?

Yes. Under pure comparative negligence, your compensation is reduced by your percentage of fault, not eliminated.

Should I talk to the other driver’s insurer?

Keep it brief and factual, decline recorded statements, and consider having an attorney handle communications.

What if the driver was uninsured?

You may pursue uninsured/underinsured motorist coverage and other liable parties. Prompt notice to your insurer is important.

How long do I have to file?

Generally three years for personal injury in New Mexico, with shorter notice deadlines for government entities.

Ready to protect your claim? Contact us to get started today.

Disclaimer: This article is for general information about New Mexico law and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines can change and may vary by case. Consult a qualified New Mexico attorney about your situation.