A state appellate court recently decided that a personal injury case involving an underinsured motorist claim should be remanded back to the trial court, due to ambiguities in the insurance contract. The main issue that was being disputed was a clause in the insurer’s policy that required that an underinsured motorist claim must be brought within three years, although the policy also stated that the insured individual must first exhaust the underinsured’s insurance policy.
In this case, a mother and her two sons were involved in a serious car accident with an underinsured motorist. The mother filed a lawsuit against the other driver, and her own insurance company also filed a complaint against the driver. The insurance company was seeking damages for payments they made as a result of the accident. However, the other driver’s insurance policy coverage was minimal. The mother filed a claim with her own insurance company as well because the other driver’s policy was insufficient to cover her damages. However, since this was done more than three years after the accident, the insurance company filed a motion to dismiss and argued that the claim was barred by the requirement in the contract that all claims be brought within three years.
The trial court denied the insurance company’s motion, and they then appealed. The court affirmed the trial court’s decision and found that the policy was ambiguous and should be construed in favor of the plaintiff.
Navigating the Complex Waters of Insurance Coverage and Personal Injury Compensation
After an accident, individuals are often in a position where they need to be compensated for both personal injuries and property damage. In many situations, after receiving medical treatment and speaking with law enforcement, the party will call their insurance company to try and recoup their damages.
In determining the amount of compensation a victim or their family deserves, the adjuster should thoroughly investigate the claim. This means examining the scene, looking at medical records, and speaking with police and witnesses. They then should do an in-depth analysis, look at the facts of the case, and decide on an appropriate settlement amount. Unfortunately, insurance companies may not always pay out the amount that the accident victim deserves. If an insurance company does not compensate the victim appropriately, the victim may bring a personal injury lawsuit against the insurance company.
An attorney can assist a plaintiff in bringing a personal injury lawsuit of this nature. A dedicated attorney can engage in investigation and thoroughly examine all of the facts of the case that are most beneficial to you. Bringing a case of this nature can be complicated, and an attorney can ensure that all evidentiary and procedural guidelines are followed.
Have You Been Injured Because of the Negligence of Another Driver in New Mexico?
If you or a loved one has been injured in New Mexico due to a car accident, you may be entitled to monetary compensation. An attorney at the Fine Law Firm can assist you in zealously advocating for you and presenting your case to a judge or jury. The attorneys at the Fine Law Firm have years of experience handling cases of this nature. Contact an attorney at the Fine Law Firm today at 800-640-6590 to schedule your free initial consultation.
More Blog Posts:
State Supreme Court Denies Governmental Immunity for Transportation Commission in Wrongful Death Claim, New Mexico Personal Injury Lawyer Blog, July 13, 2016.
State Supreme Court Finds Plaintiff Is Not Entitled to Relief Due to Recreational Use Statute, New Mexico Personal Injury Lawyer Blog, August 4, 2016.