Wednesday, August 28, 2013

New Mexico Uninsured and Under Insured Motorist Claims Against Your Own Auto Insurance Company

By: Mark Caruso

It is imperative that you get the written approval and sanction to settle from your own  underinsured motorist insurance company before you settle for policy limits with the at-fault driver's insurance company.  If you don't do so, your own underinsured motorist insurance will deny any payment of underinsured motorist coverage to you because you breached the insurance contract.

NM uninsured/underinsured motorist claims are complex. You must get a written settlement sanction by your own underinsured motorist insurance company before you settle for policy limits with the at-fault driver's insurance company.  Failure to do so will be devestating to your underinsured motorist claim.

Here's the scenario.  You have an injury claim resulting from an Albuquerque, NM auto accident. You have thousands of dollars of medical bills, and you have lost earnings and wages from your job. You haven't hired an attorney, and you are trying to settle the claim yourself.

You want to settle for $40,000


Caruso Law Offices, Personal Injury and Wrongful Death Attorneys

Let's say that you have State Farm Insurance on your vehicle, and the at-fault driver has Allstate Insurance on his truck that caused the collision.  You hear from the Allstate Insurance adjuster that their driver only carried minimum limits of $25,000.  The adjuster sends you a declaration page proving that the driver only carried $25,000. The adjuster offers to settle your claim for policy limits of $25,000 and asks you to sign the release of all claims.

You know that you also have underinsured motorist coverage with your own insurance, State Farm.  You have had some discussions with the State Farm adjuster about your claim against Allstate and the possibility of going against State Farm for any amounts over $25,000.

Your insurance contract (or policy) with State Farm requires you to get State Farm's  written sanction and approval of the settlement with Allstate Insurance before you sign the Release with Allstate.  If you don't do so, State Farm doesn't need to pay you anything.  The adjuster from State Farm doesn't need to tell you that there must be a written approval.  You are assumed to know what is in your contract (policy) with State Farm.

Here is what you must do to preserve your right to continue your claim against State Farm's underinsured motorist coverage:

1. The Allstate adjuster must send you a letter with the offer of policy limits in writing and a copy of the Declarations Page of the at-fault driver's policy with Allstate. This letter must state that Allstate is offering to settle for policy limits of $25,000.

2. Let the Allstate adjuster that you need a few days to get the sanction and approval of the release and settlement from State Farm, your own under-insured motorist carrier.  Do not sign the release until you get the sanction and approval from State Farm.

3. You must then immediately send the letter from the Allstate adjuster together with the Declarations Page of the at-fault driver's policy with Allstate to the State Farm adjuster.  You must request that State Farm sanction and approve a settlement between you and Allstate and its at-fault driver.

4.  The State Farm adjuster will then do an assets check on the at-fault driver to determine if the person has assets that State Farm could go after.  Once State Farm finishes the assets check, you will receive a written letter from the State Farm adjuster authorizing you to settle with Allstate and its at-fault driver and giving you the right to sign the release for Allstate and its at-fault driver.

5.  Do not accept a verbal authorization from State Farm to settle.  The authorization must be in writing, either by email or letter.

6.  You can now settle with Allstate and its at-fault driver.  You can sign the release and accept the check for $25,000

7. You can also now present your claim to State Farm for the underinsured motorist claim.  If your claim is valued at $40,000 and you have already received $25,000 from Allstate, you would now want to settle for $15,000 with State Farm Insurance.

I again want to stress the importance of getting the approval to settle from your own car insurance company before you settle with the at-fault driver's insurance company IF you intend to pursue an underinsured motorist claim.


If you have any questions on the process or procedure, please feel free to contact me at 505-883-5000 for a free consultation.  My firm, Caruso Law Offices, has two offices in Albuquerque--the North East Heights and the West Side--but we handle cases throughtout New Mexico and its pueblos and reservations.

I have been practicing law for 31 years, and I am a former insurance company attorney who now exclusively represents the victims of collisions and accidents.  We believe that we are extremely good at what we do, because we only handle personal injury and wrongful death cases.  Whether you have a car accident, a truck accident involving an 18 wheeler, tractor trailer or semi truck, a motorcycle accident, a bicycle accident or a pedestrian accident--We Are Here To Help You!

When considering an attorney, it's important to ask the following:

1. What kind of experience does the attorney have?
2.  Is the attorney or law firm rated by other attorneys and their clients?
3.  Does the attorney or law firm have client testimonials from real clients?
4.  Is the law firm rated by the Better Business Bureau?
5. Will the law firm discount its attorneys fees to 29% if the case can be settled without a lawsuit?

The answer for our attorneys and law firm to these questions is a strong YES! 


I hope to personally hear from you for your Free Consultation with me.

Thanks. Mark Caruso

505-883-5000
www.carusolaw.com
www.AlbuquerqueAccidentAttorney.blogspot.com




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Albuquerque Drivers Rank Below Average in New Report.

By Mark Caruso, Albuquerque Personal Injury and Wrongful Death Attorney


Car accidents, truck accidents and motorcycle accidents are more likely to occur in Albuquerque, New Mexico according to a new report from Allstate Insurance which shows Albuquerque drivers rank below average in safe driving.  Albuquerque accident and personal injury attorney Mark Caruso says that Albuquerque drivers are more likely than drivers in most other cities to be involved in an auto accident resulting in personal injuries or wrongful death.

Allstate Insurance Company today released its ninth annual "Allstate America's Best Drivers Report®." The report, based on Allstate claims data, ranks America's 200 largest citiesi in terms of car collision frequency to identify which cities have the safest drivers.
This year's top honor of "America's Safest Driving City" is Fort Collins, Colorado, the third time in report history that this city has held the top spot. Fort Collins has placed in the top ten every year since the report's inception. This year, the results indicate the average driver in Fort Collins will experience an auto collision every 13.9 years, which is 28.2 percent less likely than the national average of 10 years.
"Congratulations to Fort Collins for continuing to demonstrate excellence in safe driving," said Mike Roche, senior vice president of claims, Allstate. "Allstate's Best Drivers Report was created to boost awareness about the importance of being safe and attentive behind the wheel, while providing drivers with tips and resources to improve their driving skills."
According to the most recent report by the National Highway Traffic Safety Administration, car crash fatalities increased by more than 1,700 from 2011 to 2012, the first year-to-year increase in fatalities since 2005. While fatalities have increased over the past year, Allstate research found that 70 percent of vehicles involved in auto claims are considered drivable, which indicates that most claims are the result of low speed (under 35 miles per hour) collisions.
"Allstate has found the most frequent collisions happen during minor fender-benders, but it's important to keep in mind that even lower-speed accidents can have serious outcomes," said Roche.
Big-city vs. Small-city Driving 
Different levels and types of traffic, noise and activity, as well as varying road conditions and rules, can make big city driving different than driving in smaller cities or more suburban areas. Allstate offers the following tips for driving in both settings. In larger cities:
  • Allow plenty of time to reach your destination. Stop-and-go traffic, gridlock, traffic signal stops, pedestrian walkways and events that create traffic detours can add time to your travel.
  • Know what's happening in the city during the time you're driving. Find out if there are events that may impact traffic, and listen to traffic reports on your car radio. Avoid traffic jams or explore alternative routes, if possible. 
  • Stay alert. Be prepared to frequently stop or slow down for pedestrians, emergency vehicles, delivery trucks, parking cars, taxi cabs, and public transportation vehicles such as city buses.
  • Get directions to where you're going. Review directions carefully in advance. If you get lost mid-trip, safely pull over and wait until you feel calm enough to get back on the road, using that time to get directions, check traffic or call for help.




In smaller cities and suburban areas:


  • Watch the speed limit. Speed limits may be greater than in city traffic, which can lead some drivers to speed up and make roads dangerous.
  • Look out for pedestrians, especially children. While there are typically fewer pedestrians or obstacles than in large metropolitan areas, there are also typically fewer crosswalks, so pedestrians may be less aware of traffic rules such as where and when to cross the street.
  • Know the rules of the road. Suburban streets typically have fewer streetlights and signs, or greater distance between lights and signs. This means darker conditions when driving at night and less opportunity to be reminded of speed limits and other road rules throughout the day. 
  • Keep a safe distance – especially around large vehicles. Large vehicles like semi-trucks are more likely found on suburban roads than in large metro areas. Keep a safe distance between your vehicle and others, and know that truck drivers might have limited visibility. If you attempt to pass a truck, make sure you have plenty of time and space to maneuver safely.



The Report
For the past nine years, Allstate actuaries have conducted an in-depth analysis of company claims data to determine the likelihood drivers in America's 200 largest cities will experience a vehicle collision compared to the national average. Internal property damage reported claims were analyzed over a two-year period (from January 2010 to December 2011) to ensure the findings would not be impacted by external influences such as weather or road construction.
A weighted average of the two-year numbers determined the annual percentages. The report defines an auto crash as any collision resulting in a property damage claim. Allstate's auto policies represent about 10 percent of all U.S. auto policies, making this report a realistic snapshot of what's happening on America's roadways.
For the third time in the report's nine-year history, Fort Collins was revealed as the safest driving city. The top ten cities are:
City & Overall RankingCollision Likelihood Compared
to National Average
Average Years Between
Collisions
1.   Fort Collins, Colo.28.2% less likely13.9
2.   Boise, Idaho28.0% less likely13.9
3.   Sioux Falls, S.D.21.8% less likely12.8
4.   Brownsville, Texas21.1% less likely12.7
5.   Madison, Wis.20.3% less likely12.5
6.   Reno, Nev.20.2% less likely12.5
7.   Huntsville, Ala.20.1% less likely12.5
8.   Visalia, Calif.18.5% less likely12.3
9.   Montgomery, Ala.16.3% less likely11.9
10. Eugene, Ore.16.2% less likely11.9

Additional "Road" Scholars For the ninth year in a row, motorists in Phoenix topped the list among commuters in American cities with more than one million people. Rankings among these cities:
City & Overall RankingCollision Likelihood Compared 
to National Average
Average Years Between 
Collisions
71.    Phoenix, Ariz.2.0% more likely9.8
127.  San Diego, Calif.14.6% more likely8.7
141.  San Antonio, Texas22.4% more likely8.2
150.  Chicago, Ill.25.2% more likely8.0
151.  Houston, Texas25.6% more likely8.0
170.  Dallas, Texas35.6% more likely7.4
172.  New York, N.Y.37.8% more likely7.3
181.  Los Angeles, Calif.49.3% more likely6.7
189.  Philadelphia, Pa.65.9% more likely6.0

Cities holding the top spot for their respective city size:
City & Overall RankingCollision Likelihood 
Compared to National
Average
Average Years 
Between Collisions
Population
64.  Denver & Lakewood, Colo.ii0.4% less likely10.0750,000 – 1 million
20.  Tucson, Ariz.12.4% less likely11.4500,000 – 749,999
11.  Mesa, Ariz.15.7% less likely11.9250,000 – 499,999

To view the complete "Allstate America's Best Drivers Report," or to see previous year's results, log onto www.allstatenewsroom.com.

If you are involved in an auto accident, truck accident or motorcycle accident with another driver, call Albuquerque accident attorney Mark Caruso at 505-883-5000 for a free consultation.  Caruso Law Offices exclusively represents personal injury and wrongful death victims as a result of auto, truck, semi truck, commercial vehicle, tractor trailer, 18 wheeler, motorcycle, bicycle and bus accidents, collisions and wrecks. Mark Caruso is a former insurance company attorney who now represents the victims of car accidents, truck accidents and motorcycle accidents. 

 The Albuquerque personal injury attorneys have offices in Albuquerque's northeast heights and westside.  Consultations with an attorney are free and without obligation.  For further information call 505-883-5000 or visit their web site at www.carusolaw.com Most importantly, see their awards and client testimonials to find out what their clients have to say about their performance and integrity.

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Wednesday, July 24, 2013

Albuquerque Wrongful Death Attorney Discusses Wrongful Death Claims Under New Mexico Law

WRONGFUL  DEATH  CLAIMS UNDER NEW MEXICO LAW

By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

When you lose a loved one due to an accident caused by the careless actions of another, you want and need answers quickly. The New Mexico wrongful death attorneys at Caruso Law Offices can help you find out why the accident happened and help your family gain closure. 

The challenge of facing life without your loved one combined with funeral costs, loss of wages and support, and medical bills can be too much to handle alone. While no amount of compensation could ever make up for your loss, it’s our goal to help alleviate some of the financial responsibilities related to your loved one’s death, so that you can grieve with your family.
We can help you find out the real reason why your loved one’s death happened, and we can work with you to hold those who caused the death responsible.

How a N.M. Wrongful Death Lawyer Can Help

A wrongful death claim can help provide your family with the financial support needed to cover expenses associated with your loved one’s death. It may be difficult to receive compensation without an experienced New Mexico wrongful death lawyer who can help prove the party responsible for your loved one’s accident. Investigating the fault of all possible individuals and their various levels of insurance coverage can be complex.
Mark Caruso and his staff at Caruso Law Offices have been assisting families like yours in overcoming personal tragedies for more than 31 years. It’s our passion to help take care of your family’s needs during this difficult time.  You’re not alone—call us today at (505) 883-5000 or visit our web site at www.carusolaw.com

WHAT IS A WRONGFUL DEATH CLAIM?

Wrongful death claims are different than other personal injury cases. If you’re filing a wrongful death claim on behalf of your loved one, you’re not only facing outstanding medical bills and treatment costs; you’re dealing with grief, funeral preparations, and the difficulty of facing life without your family member.

In its simplest terms, a wrongful death claim is seeking compensation or money damages from the at fault people and their various insurance companies to pay for the loss of your loved one. Often there are several different layers of insurance that must be looked into before settlement can be made with any one particular insurance company.


 Mark Caruso and his staff at Caruso Law Offices will approach the legal process with compassion and understanding to get your family the legal support it needs. For more than 31 years, our legal team has helped the victims of tragedy receive the compensation necessary to rebuild their lives.


Who Can File a Claim?

Although many family members may be considered beneficiaries—or recipients—of wrongful death damages, only one family representative, who has been appointed by the District Court, can file the claim. We begin our involvement in the claim by talking to all family members who have any interest in becoming the lead person to handle the claim. Once a family decision is made on who this person will be, we file the appropriate court documents in the  court to name this person as  the representative (also known as the Administrator or Executor) of the estate.After the court appointment, we file a wrongful death claim against the at fault person.
Some of the family members who have traditionally been appointed by the Court to act on behalf of your loved one include a spouse, a child, an heir or heiress, a chosen beneficiary or a parent.
One of your duties as a representative of the estate is to hire a law firm to represent the estate. If you’re unsure if you’re eligible to file for wrongful death damages, a Mark Caruso can answer your questions and explain your family’s options.

Types of Damages in NM Wrongful Death Claims

In New Mexico, depending on the details surrounding your family member’s death, you may be able to recover damages for:
  • funeral expenses,
  • pain and suffering following the trauma causing the death,
  • medical expenses resulting from the trauma leading to death,
  • lost wages and future lost wages,
  • lost benefits and future lost benefits,
  • loss of support,
  • loss of inheritance,
  • loss of your loved one’s medical bills,
  • mental anguish suffered by surviving family member                             

  • Mark Caruso and his staff of attorneys, paralegals, legal assistants, investigators and experts will use every resource possible to recover the full amount of compensation you need. 

We promise to leave no stone unturned in investigating every asset available to your family.
Mark Caruso can meet with you at either of his Albuquerque offices--Northeast Heights or Westside.  Consultations with Mark Caruso are FREE and without obligation.  He can meet you at your home, work, hospital on weekends and after-hours.  We represent wrongful death clients statewide New Mexico and in the Indian Pueblos and Navajo Reservation. Contact us at (505) 883-5000


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Thursday, April 11, 2013

NM Wrongful Death Claims


New Mexico Wrongful Death

By:  Mark Caruso, By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

First, let me give you my condolences on the death of your family member.  If the death of your family member was caused by the wrongful act of another person, you may have a wrongful death claim that should be handled by a New Mexico Wrongful Death Lawyer.

A NM wrongful death lawsuit is filed against a person or people who have caused the death of another person. 


The wrongful death may have been premeditated or resulted from careless, irresponsible or negligent behavior. The New Mexico wrongful death lawsuit is filed on behalf of any surviving dependents or family members and, if successful, provides them with some compensation for the death. The process begins with the Court appointing a personal representative for the estate of the deceased individual.  Usually this is a relative. The personal representative appointed by the Court is in charge of the entire case and makes all the important decisions as to the direction of the case.

Wrongful death can result from a large number of circumstances in which somebody has died needlessly due to another’s carelessness. 


Wrongful death can include the following:
  • A fatality resulting from any sort of vehicle collision
  • Dying during an operation that was botched or after the wrong diagnosis had been made
  • Fatalities caused by wrong prescriptions or an overdose of a drug used in treatment
  • Being killed through the use of a defective product

Purposes of Wrongful Death Claims, and Why You May Need a New Mexico Wrongful Death Lawyer

New Mexico wrongful death claims are not designed so that surviving family members can benefit financially off of somebody else’s death. They have two primary purposes.
  1. They provide assistance to a spouse, children or elderly parents who were financially dependent on the person that died. The payment, if granted, is given to the surviving relatives in a carefully prescribed manner. An economist expert is hired by the attorney to review the tax returns and other income documentation to help determine the real loss to the family.  Wrongful death laws do change a little from state to state, so that here in New Mexico, the statutes are somewhat different from what they are in California, Nevada or Texas.
  2. Wrongful death laws act as a social deterrent. They serve as a warning, not just to the third party involved in the death, but to anybody else in the community who may act in the same manner.

Who is Entitled to a New Mexico Wrongful Death Claim?

The lawsuit is brought before a Court and a juty will ultimately decide, on the basis of the evidence presented by the family and the economist expert hired by the attorney,  whether a lawsuit will be successful. The jury will also make a decision about how much should be paid out to the estate of the deceased individual. This will be based on who the likely heirs will be and what their needs are, now and into the future.

Usually, it is the surviving spouse and the dependent children who are the first in line to benefit from a wrongful death claim. There may be other people who benefit in the absence of either spouse or children. These could be the parents, especially if they were dependent or living at home with the deceased. If there is nobody that appears to fit any of the above descriptions, then the judge may decide to make a payment to anybody else who is next of kin or according to normal rules about intestate inheritance.

Wrongful death law is relatively new in the United States. In the past if somebody died as a result of an unexpected, yet needless death, then the possibility of making a claim for damages also ceased. This was changed over time because states decided that dependents of people who had died were suffering financial hardship as a result of the death.

New Mexico Wrongful Death Lawyer Mark Caruso  has had 30 years experience handling wrongful death claims.

If you have had a close relative die recently in what you feel was a New Mexico wrongful death, then contact the Caruso Law Offices in Albuquerque, New Mexico at 505-883-5000. After a discussion of the circumstances surrounding the death, our firm will be able to give you a detailed opinion about the possibility of bringing a wrongful death lawsuit against the person or people who may be considered responsible. We do not charge anything for a consultation and you will not have to pay any legal fees unless we win a claim on your behalf. At our firm, we have 30 years experience and have successfully won many wrongful death claims for our clients over the years.

Caruso Law Offices provides legal service for anybody in Albuquerque, New Mexico area that has had a close relative die due to somebody else’s actions and may want to pursue a wrongful death lawsuit. 


If you have had a member of your family die needlessly due to somebody else’s negligence or irresponsible action, then contact us. We will work tirelessly on your behalf to make sure that justice is received.

Please see our website at www.carusolaw.com or contact New Mexico Wrongful Death Lawyer Mark Caruso directly at 505-883-5000.


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Sunday, March 31, 2013

New Mexico Car and Truck Accident Lawyer


New Mexico Truck Crash Attorney for 18 Wheeler, Tractor Trailer, Commercial Vehicles and Semi Truck Crashes, Accidents and Wrecks

 By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM) 

Crashes between small passenger vehicles and massive commercial vehicles like delivery trucks, 18-wheelers, semi trucks and tractor trailers can present unique legal challenges. A commercial vehicle’s owner is most likely be a national or even international corporation. Damages and injuries experienced by a car or light-truck driver are typically severe. Oftentimes, the result is death or severe and crippling injuries. With large amounts of money at their disposal and even employment and trucking licenses at stake, commercial vehicle drivers have ample motive to be dishonest.
At the Caruso Law Offices in Albuquerque, New Mexico we have successfully handled many legal disputes involving 18-wheelers, semi trucks, tractor trailers and other types of commercial vehicles.
Have you been injured in an accident or crash involving a semi truck, 18-wheeler, tractor trailer or other commercial vehicle? We can help. Attorney Mark Caruso and his staff of attorneys, paralegals, legal assistants and experts are fully familiar and experienced with the unique challenges of motor vehicle crashes involving large commercial trucks, and can help you achieve a fair resolution of your case.
  • Drivers often deny the essential facts of an accident. We can obtain the driver’s log, depose the driver and interview witnesses, and work to prove fault and liability.
  • Drivers sometimes leave the scene of an accident. We can use the truck’s GPS system to prove the vehicle was at the scene of an accident.
  • Drivers sometimes have two sets of official books. We can work to obtain both sets, illustrate discrepancies and prove liability.
  • Drivers sometimes useillegal drugs, prescription drugs and alcohol when driving, or drive with insufficient sleep.
  • Trucking companies and other companies often fail to properly maintain vehicles. We can obtain maintenance records to prove negligence.
  • We work with some of the country's best and most renowned trucking experts in proving that the driver AND his company were negligent.
Commercial vehicles are often highly insured, helping you obtain the financial compensation you deserve. Contact us for a no-charge discussion of your case. With 31 years of experience and successful settlements, awards and judgments to back up his reputation, Mark Caruso will get you the most money possible on your 18 wheeler, tractor trailer and semi truck crash. Call us for a free consultation at 505-883-5000 or mark@carusolaw.com or visit our web page at www.carusolaw.com