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 Ranking	Collision Likelihood Compared to National Average	Average Years Between Collisions
1.   Fort Collins, Colo.	28.2% less likely	13.9
2.   Boise, Idaho	28.0% less likely	13.9
3.   Sioux Falls, S.D.	21.8% less likely	12.8
4.   Brownsville, Texas	21.1% less likely	12.7
5.   Madison, Wis.	20.3% less likely	12.5
6.   Reno, Nev.	20.2% less likely	12.5
7.   Huntsville, Ala.	20.1% less likely	12.5
8.   Visalia, Calif.	18.5% less likely	12.3
9.   Montgomery, Ala.	16.3% less likely	11.9
10. Eugene, Ore.	16.2% less likely	11.9

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 Ranking	Collision Likelihood Compared  to National Average	Average Years Between  Collisions
71.    Phoenix, Ariz.	2.0% more likely	9.8
127.  San Diego, Calif.	14.6% more likely	8.7
141.  San Antonio, Texas	22.4% more likely	8.2
150.  Chicago, Ill.	25.2% more likely	8.0
151.  Houston, Texas	25.6% more likely	8.0
170.  Dallas, Texas	35.6% more likely	7.4
172.  New York, N.Y.	37.8% more likely	7.3
181.  Los Angeles, Calif.	49.3% more likely	6.7
189.  Philadelphia, Pa.	65.9% more likely	6.0

Cities holding the top spot for their respective city size:

City & Overall Ranking	Collision Likelihood  Compared to National Average	Average Years  Between Collisions	Population
64.  Denver & Lakewood, Colo.ii	0.4% less likely	10.0	750,000 – 1 million
20.  Tucson, Ariz.	12.4% less likely	11.4	500,000 – 749,999
11.  Mesa, Ariz.	15.7% less likely	11.9	250,000 – 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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