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May 22, 2026
Between hospital visits, car repairs, lost wages, and time off work, most accident victims don’t have time to recover before an adjuster starts requesting statements, records, or urging them to make quick decisions. This can leave many individuals wondering how to deal with insurance adjusters after a car accident in New Mexico. Berenson & Associates, PC, can help you.
Understanding the Role of the Insurance Adjuster
Adjusters typically contact accident victims within days, sometimes hours, of a crash. They may interview you, review police reports, and/or likely request copies of your medical records. After they gather enough information, insurance adjusters work to apply their company’s policies to the situation and determine liability and how much they should pay out for your claim.
If you’re involved in a minor car accident with no serious injuries or damage, the adjuster’s involvement might feel routine. However, when you’re faced with a serious car accident case, you want to be aware of how your claim is reviewed.
New Mexico operates under comparative fault laws according to NMSA 1978, § 41-3A-1. Under this rule, fault can be assigned to multiple parties in an accident. Multiple parties can also receive payment for damages based on their determined degree of fault. For this reason, insurance companies may scrutinize statements made by involved parties. Anything you say may be used as evidence to determine who was at fault.
In 2024, of the 45,042 traffic accidents on public roads in New Mexico, 109,761 people were involved, and 19,244 were injured. Injured victims who are not found to be more than 50% liable for an accident are eligible to file personal injury claims. Despite this, most who should file a claim do not. If you are unclear about whether your damages are compensable, speak with a skilled car accident attorney about your car accident case.
How to Handle the Initial Conversation with Your Insurance Adjuster
That initial phone call with an insurance adjuster is a crucial one. You might be asked to explain what happened during the accident. They may ask how you are feeling or if you are receiving medical treatment. While most of these questions might feel harmless and straightforward, your answers could be used to justify denying your claim or paying you less than what you deserve based on their interpretation of your credibility.
It’s often most beneficial to limit your answer to direct facts and not provide speculative information. Even trying to be polite, such as saying you’re sorry, can be taken as an admission of responsibility. Get advice on what to say from an experienced New Mexico car accident attorney before you take the call. Some examples of things you should avoid saying to your insurance adjuster are listed below:
- I don’t know who is at fault.
- It was my fault.
- I should have stopped sooner.
- My injuries are minor.
- My injuries don’t hurt that badly.
- I should have been paying attention.
Adjusters also usually ask for a recorded statement. You should not feel pressured to give a recorded statement to your insurance adjuster immediately following an accident in New Mexico. While you may want to share your side of the story, insurance companies often use these recorded statements to lock you into your initial account of what happened.
You may not know the full extent of your injuries or recall all of the damage to your vehicle in the days following an accident.
Hire a Car Accident Lawyer
If you were seriously injured in an accident, were liable, or incurred significant financial losses, you could benefit from speaking with a New Mexico car accident attorney sooner rather than later. Attorneys can help you understand how your insurance company is reviewing your claim and what you can expect from your policy. If you need help filing your claim or negotiating with insurance companies, hire a car accident lawyer to assist you.
Your lawyer can review any offers you receive and help you determine if those offers are fair and reasonable. This is especially important if you don’t know what your policy covers, or if there is disagreement on who was at fault. Mandatory insurance minimums in New Mexico are listed below:
- Bodily injury or death of one person: $25,000
- Bottle injury or death for two people: $50,000
- Injury or destruction to property or others involved in an accident: $10,000
Why Choose Us?
Located in Albuquerque, Berenson & Associates, PC concentrates its practice in personal injury, including car accident cases. Owner Rachel Berenson is Board Certified in accident reconstruction and has over 25 years of experience handling personal injury claims. She prides herself on offering clients the personalized attention they deserve with realistic, results-oriented representation.
FAQs
Can an Insurance Adjuster Access My Medical Records Without My Permission?
No, insurance adjusters cannot access your medical records without your permission, though they may require that you sign a release form. Before signing anything, read it in its entirety first, and have your New Mexico car accident lawyer go over it before you sign. Some release forms are overly broad. They allow others to look at information that does not pertain to your history. Try to limit the release to treatment related to your accident.
What Happens if I Miss a Call From My Insurance Adjuster?
Skipping a call can’t hurt your claim. Adjusters often confirm or re-attempt contact by phone, email, or mail. Most of the time, it is better to answer when you are ready, rather than being caught off guard. If you need time to calm down or get advice, that’s okay. Just be truthful and stick to what happened unless your New Mexico car accident attorney advises otherwise.
Is My Claim Going to Be Affected if I Delay Medical Treatment?
Waiting to seek medical treatment can cause issues later in the claims process. Adjusters may argue that your injuries were not significant or did not result from the accident. Going to the doctor soon after your crash can help establish a direct connection between the wreck and your injuries. Prompt medical attention can also provide documentation of your injuries for your claim.
Can I Switch Insurance Companies While My Claim Is Ongoing?
Changing insurance companies is permitted. However, if you have an open claim under a previous policy, changing insurers does not transfer your current claim to your new provider. A provider can only cover a claim for an accident that occurred while you were covered by them. Your claim still goes through the company that was insuring you when the accident happened.
Contact Berenson & Associates, PC
If you suffered a car accident, you don’t have to settle for a low settlement. The insurance company always puts its lowest offer out there first. At Berenson & Associates, PC, we help you advocate for what we believe is fair compensation to cover your damages. Contact us for a consultation so we can discuss your case in full.
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