Written by Parnall Law Firm reviewed by Bert Parnall Car Accident Articles
Owner/CEO at Parnall Law Firm
Failure to report a car accident in a timely manner can result in serious legal and financial issues, particularly in New Mexico. What happens if you don’t report an accident within 24 hours? This, perhaps, is the most frequent question after an unexpected collision. It is where Parnall Law comes in to explain all your rights and responsibilities under the state’s law and guide you through the process of reporting accidents.
Yes, immediate reporting of a car accident is highly important. In New Mexico, state law requires notification of law enforcement of an accident involving injury, death, or property damage in an amount exceeding $500. New Mexico Statute §66-7-206 requires one to ensure that an official record is made for accountability and possible claims. It helps to report the incident quickly, as it may prevent misunderstandings with your insurance provider or other drivers involved.
Prompt notification also legally protects you. Delays can raise questions about liability, complicate your ability to recover compensation, and make it harder to prove your version of events. To know more about reporting requirements, according to New Mexico Statute Section §66-7-207, drivers shall report accidents resulting in substantial damages or injuries to the Department of Transportation within the prescribed time limit.
Failure to report a collision within the stipulated period will attract some penalties, fines, and legal issues. In New Mexico, failure to notify the police in a timely manner may lead to the following:
Insurers, also commonly argue that delays impede their ability to:
A lack of prompt reporting can also make it more difficult for your insurer to:
Furthermore, you may be disadvantaged in discussing liability if the other party files a report and you do not. Late reporting can even affect the compensation that you may receive.
Workplace vehicle accidents must be reported promptly, as this satisfies the state’s regulatory requirements. New Mexico employers have to record these incidents in short time, following the Workers’ Compensation laws of the state, to make the injury claims process efficient. Under OSHA regulation 1904.7, employers must record and report vehicle-related incidents at the workplace that result in death, days away from work, restricted work, medical treatment beyond first aid, or significant diagnosed injuries by a physician or other licensed healthcare professional.
Without a police report, it will be highly difficult to prove most of the details concerning the accident. The police report is a neutral report that can also contain witness statements, vehicle positions, and preliminary fault judgments. Without such documentation, it might not be easy to support your version in insurance negotiations or in court.
In New Mexico, one is liable even if no police report is filed. The lack of an official police report if another party then claims injuries or property damages may affect your legal position. That is mainly the problem when it happens to be a hit-and-run case, in which the immediately filed police report may aid in finding the responsible party. Besides, some insurance policies require a police report for certain claims, such as uninsured motorist coverage. To be safe, in case of a severe accident, the police should be contacted.
Even minor accidents should be reported to protect your interests. New Mexico law does not require notice of incidents without injuries or minimal property damage, but filing an incident report will prevent future complications. What may initially appear to be minor damage might become expensive repairs or an injury claim later.
If both parties agree to handle the matter privately, document all relevant information, such as photos, license plate numbers, and contact information. You should also get a written statement signed by both parties, showing the agreement between the parties. However, private agreements can be dicey since verbal commitments may not hold in disputes or insurance claims.
In many instances involving leased or financed vehicles, reporting the accident is actually a contractual requirement with your lender or leasing company. Not reporting could, therefore, cause complications in fulfilling your commitments under those agreements.
Not informing your insurance carrier is the surest way of losing your coverage. Most require notification of a collision even if it was not your fault. Failure to inform might lead to the denial or cancelation of claims and policies alike. Many policies also involve conditions with strict timelines for reporting.
All these could easily be complicated further by delays in reporting. For example, if some injuries from the accident require medical treatment sometime after the accident, your insurance company may decline to cover it by claiming that the delay denied them an opportunity to verify that the injury was related to the accident. Additionally, New Mexico law requires drivers to carry insurance as a means of satisfying liability requirements. Failure to report or late filing of claims may lead to fines or additional fees.
Where several drivers are involved in your car accident, and one happens to call your insurance company ahead of you, they might try presenting the facts to stand on their side. Early reporting makes the insurance company hear your version of what happened at the accident so they won’t dent your rights.
Avoid complicating your life with delayed accident reporting. Contact the Parnall Law team of car accident attorneys today. Such misunderstanding may further delve into complications with the legal system so, our lawyers can protect your rights. Call us at (505) 268-6500 to discuss your case. We’re here to help guide you along every step of the way.
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
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