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Month: June 2022

I Can’t Drive My Car. Now What?

Written by Brandon Herrera on June 27, 2022. Posted in Uncategorized. No Comments on I Can’t Drive My Car. Now What?

Getting into an automobile accident can leave you with debilitating injuries. It’s easy to focus on receiving compensation for lost wages and your pain and suffering since they are immediate needs. Don’t forget about recouping the loss of your vehicle.

It may be weeks or even months before you can drive again, so the condition of your vehicle (and whether it’s a complete loss or can be repaired) may be the furthest thing from your mind. Waiting to act can leave you stranded without transportation.

Property damage liability for car accidents

Automobile insurance providers require property damage liability coverage. It pays for any damages to another person’s property when you’re involved in an accident. Other vehicles, homes, fences, and any personal property inside the vehicle at the time of the accident are included under property damage liability insurance.

Sometimes the insurance payout doesn’t adequately cover all damage costs. When that happens, you can sue for the balance.

rear-end car crash with two cars on the highway — When the at-fault party’s property damage liability coverage falls short of covering your damages, a property damage liability claim can help recoup the balance.

Property damage liability vs. collision coverage

There’s a difference between property damage liability and collision coverage for automobiles. Property damage liability pays for repairs when you destroy someone else’s property. Collison coverage pays to repair your vehicle (after the deductible) if you’re the at-fault party or the other driver doesn’t have insurance coverage.

Auto insurance requirements in New Mexico dictate that all drivers must carry insurance coverage while behind the wheel. New Mexico has minimum auto liability insurance amounts:

$25,000 for bodily injury to or death of one person.
$50,000 for bodily injury to or death of two or more persons.
$10,000 for property damage in any one accident.

Additional coverage for physical damage is available and advisable if you have a newer vehicle. Insurance agents can best advise on how much coverage is needed. Keep in mind that just because you’re well-insured doesn’t mean the at-fault driver in the crash carries the same coverage. That’s when it’s time to consult an attorney skilled in property damage liability cases.

Property damage claims vs. personal injury claims

Some accident victims mistakenly assume that a personal injury claim covers the loss of their vehicle. Not true. The only commonality between personal injury and property damage claims is that they often come from the same incident. However, they require very different courses of legal action to recoup your losses.

Personal injury claims address things like medical treatment for your injuries and any ongoing care required to fully recover. They also can seek reimbursement for lost wages and fair compensation for your pain and suffering.

Property damage claims strictly cover damage to your property, including your vehicle and any personal effects inside that were destroyed during the accident.

Not all attorneys handle property damage claims. At Cameron & Russell, our attorneys are skilled in both personal injury and property damage lawsuits. We can ensure you’re fully covered on both fronts if a lawsuit becomes necessary.

Finding a replacement vehicle can be a nightmare in today’s market. Used cars are going for 40% more than just two years ago.

Property damage claims: four factors

If you’ve decided to consult with an attorney about recouping the difference between the damage amount and what the insurance pays, there are four factors your attorney considers when preparing your car accident property damage claim.

Your vehicle’s diminished value

When you’re involved in an accident – even when someone else is at fault – your vehicle loses value. All accidents reported to insurance companies and police departments are added to your CARFAX history report. Your vehicle is worth less at resale or trade-in time thanks to someone else’s carelessness. You can recoup those costs as part of a property damage claim.

Your loss of use costs

Losing the use of your vehicle might be the furthest thing from your mind after an accident, especially if you have serious injuries. You’re unlikely to think about it until you need reliable transportation and don’t have it. Some families only have one vehicle, so loss of use can be devastating.

A competent property damage attorney can include loss of use costs into a claim against the at-fault driver. The sooner action is taken, the better the outcome.

Your total repair costs

If the insurance company doesn’t deem your vehicle a total loss, it may offer a settlement amount for making repairs. Oftentimes, the sum they suggest doesn’t cover the cost of all repairs. The last thing you need is to pay the balance when someone else was at fault for the damages.

Never pay out of pocket when this happens. Experienced property damage liability attorneys know how to go after the responsible party for the difference.

Your total loss value

One of the worst things that can happen is to have a vehicle end up a total loss after an accident. Then, you’re stuck trying to find a replacement. Insurance companies may not pay for the full value of your car. Even if they do, it still may not be enough to find a suitable replacement in today’s marketplace, where the value of used cars has jumped more than 40 percent.

Filing a car accident property damage claim is your best recourse. Your attorney can negotiate a higher settlement to ensure you don’t have to pay out of pocket to replace your damaged property.

Rely on the personal injury experts

Not many personal injury law attorneys bother with advising their clients about the importance of addressing the damage to their vehicles during case consultations. Some don’t see it as worth their effort because it’s not a money-making service.

Bill Russell cares about his clients and wants to ensure they have all the help they need following a car accident.

Picnic fun without the lawsuits

Written by Brandon Herrera on June 8, 2022. Posted in Personal Injury Case. No Comments on Picnic fun without the lawsuits

June 11 is national corn on the cob day. It’s not the only food-themed national holiday this month. There are days for German chocolate cake, peanut butter cookies, and even strawberry shortcake. All of these are perfect picnic foods.

Picnics are part of summertime fun for many people. Avoiding the personal injury and premises liability lawsuits that can come with them isn’t difficult when you practice some basic safety guidelines.

Backyard parties and premises liability

Premises liability is the legal term for a property owner’s responsibility to take reasonable precautions to ensure the safety of guests and other visitors. If you ignore an issue, hazard, or danger that leads to the serious injury or death of someone on your property, you’ll be accountable under premises liability laws in New Mexico.

While it may make you feel like a Debbie Downer, it’s important to establish rules and make sure you guests follow them to ensure everyone’s safety. Here are some other things you can do to reduce your liability risk.

Choose physical activities wisely

Outdoor picnics lend themselves to games and other physical activities. Some are more dangerous than others and should be avoided if you want to avoid the possibility of accidents and injuries. Watersports and other swimming pool games can be fun, but they also increase the risk of someone getting hurt. It’s best to avoid these types of activities, especially if alcohol is involved.

Establish a safety perimeter

Most outdoor parties involve grilling food or having some kind of bonfire for roasting hotdogs and marshmallows. Establishing a safety perimeter around your grill can keep your guests safe and you free from lawsuits. Outdoor grilling accidents send thousands of Americans to the emergency room each summer. The numbers increase when those in charge of grilling indulge in alcoholic beverages until they’re drunk.

Whether your party guests are adults, children, or a mix of both, make sure you keep people away from the grill – or a bonfire – when it’s in operation. Make the grill or bonfire a “no-kid zone” and don’t make any exceptions. Lastly, keep people from horsing around near the grill or bonfire.

Install extra lighting

If your party extends into the evening hours, installing extra lighting can help prevent slip-and-fall accidents that lead to serious injuries. This precaution is especially important if you have a swimming pool on your property that guests can use during the festivities.

Lighting along areas that can be tripping hazards – patio pavers, sidewalks, stairways – should be a priority.

Limit guests to no more than 2 alcoholic beverages an hour and cut off anyone who appears visibly drunk.

Limit alcoholic beverages

Any time you introduce alcohol at a party, you open yourself up to liability issues. Guests who don’t know when to stop drinking can become belligerent and injure themselves or others. If you own a swimming pool, drinking at picnics and other gatherings can increase the risks of one of your guests drowning, or slipping and falling poolside.

Limiting or completely excluding alcoholic beverages from your party can reduce your liability risks. If you just can’t go without alcohol, be willing to cut off your guests if they run the risk of becoming so drunk it affects their judgment and everyone’s safety.

Practice food safety guidelines

Swimming pools and other outdoor hazards aren’t the only things you must monitor closely when hosting a summer picnic or outdoor party. If you plan to serve food, you’ll want to make sure you follow food safety guidelines to avoid giving any of your guests food poisoning. As a rule, you should:

Avoid cross-contamination when preparing foods, especially foods on the grill. Never use the same utensils for cutting or priming meats and other food products.
Keep cold foods cold by placing them in a cooler with ice. Store it at 40 degrees Fahrenheit or lower to prevent bacteria growth. Make sure cooler lids stay closed to maintain ideal temperatures.
Keep hot foods hot by wrapping them well and placing them in an insulated container. Hot food must be kept at around 140 degrees Fahrenheit. Never let it sit out for more than 2 hours (1 hour if the temperature is 90 degrees or higher) without refrigerating.
Use a food thermometer to ensure you’re cooking meats and other raw foods to a safe temperature for consumption.

How to handle negligent party hosts

If you attend a backyard party or picnic and the hosts fail in their duty to provide a reasonably secure environment, you can discuss your legal options with one of our experienced premises liability lawyers. Give us a call at 505-218-7844 or request your free case evaluation online.