Albuquerque Auto Insurance Bad Faith Lawyers

Collins & Collins, P.C. represents drivers and passengers throughout New Mexico against auto insurers that deny valid claims, stall UM/UIM payments, and pressure policyholders into accepting less than they are owed. Under NMSA 1978 § 59A-16-20, these tactics are not aggressive claims handling; they are statutory violations. Parrish Collins has litigated bad faith cases in New Mexico since 1989. Call (505) 242-5958 for a no-obligation case review.

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407 7th St NW Albuquerque, NM 87102
info@collinsattorneys.com

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Your auto insurer took your premiums every month without question. Now, after an accident, they are dragging their feet, disputing your claim, or offering a settlement that does not come close to covering what you lost. That is not a coverage gap. That is bad faith.

Our attorneys at Collins & Collins, P.C. represent drivers and passengers across Bernalillo County and New Mexico who are fighting back against insurers that refuse to pay what they owe. As Albuquerque auto insurance bad faith lawyers, our team knows exactly how these companies operate, the stall tactics, the lowball offers, and the fine print they use to deny legitimate UM/UIM claims. Parrish Collins has been taking on these cases in New Mexico since 1989.

You should not have to fight your own insurance company to get what you paid for. If your claim was denied, undervalued, or ignored, call (505) 242-5958 or request a no-obligation case review today. We are located at 407 7th St NW, Albuquerque, NM 87102, and serve clients throughout New Mexico.

Auto Insurance Bad Faith in New Mexico: What It Is and What It Looks Like

Under NMSA 1978 § 59A-16-20, New Mexico law prohibits insurers from handling claims unfairly and imposes specific duties on every auto insurer. When your insurance company knowingly violates those duties, that is bad faith and it is actionable. These are the tactics our lawyers see repeat across New Mexico auto claims:

  • Denial of Valid Claims: The insurer rejects coverage for accident-related damages or injuries without a legitimate reason, pointing to policy exclusions that do not apply or misreading your policy terms to avoid paying.
  • Lowball Settlements: Instead of offering what your claim is actually worth, they come in far below the real cost of repairs, medical treatment, or lost wages, counting on financial pressure to make you accept and move on.
  • Unreasonable Delays: The company strings out the claims process for months, sometimes longer, without a valid reason. The delay is the strategy.
  • Failure to Investigate: New Mexico law requires insurers to conduct a thorough investigation before making a coverage decision. Skipping that step, or relying on incomplete information to deny a claim, is a direct violation of § 59A-16-20.
  • Disputes Over Fault: Your insurer inflates your share of fault without factual support to reduce or eliminate what they owe. Under § 59A-16-20(E), where liability has become reasonably clear, the insurer is required to attempt a fair settlement. Fault disputes manufactured to avoid that obligation are actionable under New Mexico law.
  • Failure to Defend: If you are sued as a result of the accident, many auto policies require the insurer to provide a legal defense. Refusing to do so without a legitimate basis, depending on your policy terms, may constitute bad faith.

What To Do After Your Auto Insurer Denies Your Claim

A denial letter is not the end of your claim. What you do in the days and weeks after matters. Here is what our lawyers recommend:

  • Preserve all documentation. Keep the denial letter, your complete claim file, every adjuster communication, and your own medical and repair records. Do not sign any releases until you have reviewed them with an attorney.
  • Do not accept a lowball offer without review. An insurer’s first offer reflects a calculation about what you will accept without pushing back. It is rarely their best number.
  • Refuse additional recorded statements. You have already provided the information the insurer needs. Statements made under financial pressure create material that they will use against you.
  • Document all delays. Keep a log of every date you contacted the insurer and every response or non-response. A pattern of delay is evidence of bad faith.
  • Do not miss the deadline. The four-year statute of limitations for a bad faith claim runs separately from the underlying injury claim.

Contact us at (505) 242-5958 before both clocks expire.

The Impact of Auto Insurance Bad Faith and What You Can Recover

A bad faith claim forces you to fight your insurer while recovering from an accident, managing medical appointments, and keeping up with expenses. The back and forth, the waiting, the pressure to settle fast. It wears people down. That is the strategy.

When your insurer’s conduct crosses into bad faith, New Mexico law treats it as a tort. The damages available go well beyond the original claim value.

  • Contract Damages: Vehicle repair or replacement, medical expenses, lost wages, and any other covered losses the insurer withheld.
  • Compensatory Damages: Financial losses caused by the insurer’s delay or denial, including non-economic damages for emotional distress.
  • Punitive Damages: Where the insurer acted with reckless disregard for your rights, New Mexico courts may award punitive damages. The standard established in Sloan v. State Farm Mut. Auto. Ins. Co., 2004-NMSC-004 governs how these are evaluated.
  • Attorney’s Fees: Under NMSA 1978 § 59A-16-30, if the insurer willfully violated the Unfair Claims Practices Act, the court may order them to pay your attorney’s fees and litigation costs.

Past results do not guarantee similar outcomes. Every case is different, and the value of any claim depends on its specific facts.

What New Mexico Law Requires of Auto Insurers

NMSA 1978 § 59A-16-20 defines specific conduct that constitutes unfair claims practices in New Mexico. An auto insurer violates this statute by, among other things:

  • Failing to acknowledge a claim and begin an investigation within a reasonable time
  • Refusing to pay a claim without conducting a reasonable investigation based on all available information
  • Failing to affirm or deny coverage within a reasonable time after receiving proof of loss
  • Attempting to settle a claim for less than the amount a reasonable person would believe they are owed
  • Compelling a policyholder to sue by offering amounts substantially less than the claim’s value

Under NMSA 1978 § 59A-16-30, policyholders whose insurers violate these duties have a private right of action in district court. The statute of limitations for an auto insurance bad faith claim in New Mexico is four years from the date of the wrongful denial. A separate three-year limitation applies to the underlying personal injury claim, but the bad faith tort runs on its own clock.

The statute of limitations on underinsured motorist claims involves additional nuances that an attorney should review promptly.

Uninsured and Underinsured Motorist Claims

Uninsured and underinsured motorist claims are among the most common sources of auto insurance bad faith in New Mexico. Under New Mexico law, every auto insurer must offer UM/UIM coverage unless the policyholder explicitly rejects it in writing. When you file a UM/UIM claim, your own insurer steps into an adversarial role. The same company that collected your premiums begins evaluating your claim with the same skepticism it would apply to a stranger.

New Mexico courts have confirmed that insurers owe the same duty of good faith to first-party UM/UIM claimants as they do under any direct liability claim. Delays, lowball valuations, and blanket denials of UM/UIM claims without genuine investigation all violate NMSA 1978 § 59A-16-20.

New Mexico also permits stacking of UM/UIM coverage in some circumstances. Policyholders who paid premiums on multiple vehicles may be entitled to stack those limits, and insurers who improperly reject stacking without a clearly worded written rejection violate New Mexico law. An explanation of uninsured and underinsured motorist coverage in New Mexico covers what this means for your policy.

If your own insurer is treating your UM/UIM claim the way an opposing party’s insurer would, call our team at (505) 242-5958 to evaluate whether the conduct crosses the line into bad faith.

How Collins & Collins, P.C. Handles Auto Insurance Bad Faith Cases

Auto insurers enter bad faith litigation with institutional advantages. In-house counsel, dedicated adjusters, and claims departments are built to minimize payouts. Our lawyers know how those systems operate and how to move against them.

We are records-driven, trial-ready, and selective. Every case starts with a thorough review of your claim file, correspondence, and policy documents. Where the facts require it, our team works with accident reconstruction experts and medical professionals to establish what actually happened and what the insurer knew when they made their decision.

We decline cases where the insurer’s position has a legitimate factual basis. When we accept a case, it is because the insurer’s conduct was unreasonable and the harm to the policyholder was real.

Our firm handles insurance bad faith claims across all policy types throughout New Mexico.

Why Choose Collins & Collins, P.C. for Auto Insurance Bad Faith?

Collins & Collins, P.C., handles auto insurance bad faith cases across New Mexico. Parrish Collins has litigated bad faith claims in New Mexico since 1989, including UM/UIM disputes, total loss valuations, and delay-driven denials. We review every case on its facts and take on matters where the evidence and the law support a legitimate claim. Here is what sets our team apart:

  • Trial-Ready from Day One: Every case we accept is built for litigation, not just negotiation. Insurers settle differently when they know the firm across from them is prepared to try the case.
  • State and Federal Court Experience: We handle bad faith cases in the Second Judicial District Court in Albuquerque and the U.S. District Court for the District of New Mexico.
  • We Know the Difference: Our team distinguishes between aggressive claims handling and a statutory violation. That distinction is what builds a winnable case.
  • Clear Communication: You will know where your case stands at every stage. No chasing updates, no unanswered questions, no surprises.

Schedule a no-obligation case review with our team today.

Serving Auto Insurance Bad Faith Clients Throughout New Mexico

Collins & Collins, P.C. represents auto insurance bad faith claimants across New Mexico, not just in Albuquerque and Bernalillo County. Drivers from Santa Fe, Rio Rancho, Las Cruces, Farmington, and Roswell contact us following denied or undervalued auto and UM/UIM claims. Cases are filed in the Second Judicial District Court in Albuquerque or, where jurisdiction requirements are met, in the U.S. District Court for the District of New Mexico.

New Mexico’s Unfair Claims Practices Act applies statewide. The duty of good faith every auto insurer owes to every policyholder does not depend on the city where the accident occurred.

If your auto insurance claim was denied or mishandled anywhere in New Mexico, call us at (505) 242-5958.

Frequently Asked Questions About Auto Insurance Bad Faith

How Long Do I Have To File an Auto Insurance Bad Faith Claim in New Mexico?

Four years from the date of the bad faith conduct, typically the date of the wrongful denial. This is distinct from the three-year statute of limitations for personal injury claims arising from the same accident. The two deadlines run separately. Act on both claims at the same time.

Can My Own Insurance Company Act in Bad Faith on a UM/UIM Claim?

Yes. In New Mexico, your insurer owes you the same duty of good faith on uninsured and underinsured motorist claims as it does on any first-party claim. Treating your UM/UIM claim as an adversarial proceeding or refusing to pay within a reasonable time after establishing your loss are both actionable under NMSA 1978 § 59A-16-20. New Mexico’s rule on uninsured motorist coverage requires specific written rejections, and failure to obtain them creates broader coverage obligations for the insurer.

What If My Insurer Says I Was Partly at Fault for the Accident?

New Mexico follows pure comparative fault, meaning you can recover even if you were partially responsible. An insurer that inflates your share of fault without factual support to minimize your claim is acting in bad faith under NMSA 1978 § 59A-16-20(E).

Does Filing a Bad Faith Claim Cancel My Policy?

No. New Mexico law prohibits insurers from retaliating against policyholders for exercising their legal rights. Canceling coverage or raising premiums because a policyholder filed a bad faith claim is itself an unfair claims practice under NMSA 1978 § 59A-16-20.

What Is the Difference Between a First-Party and Third-Party Bad Faith Auto Claim?

A first-party claim involves your own insurer refusing to pay your losses under your own policy, such as UM/UIM, collision, or PIP coverage. A third-party claim involves another person’s insurer refusing to settle a claim you have against their insured. Both are governed by New Mexico’s insurance bad faith framework, and both can give rise to bad faith claims.

Does Collins & Collins Handle Auto Insurance Bad Faith Cases Outside Albuquerque?

Yes. Our lawyers represent auto insurance bad faith claimants throughout New Mexico, including clients from Santa Fe, Rio Rancho, Las Cruces, Farmington, and Roswell. New Mexico’s Unfair Claims Practices Act applies statewide, and so does our representation. Call (505) 242-5958 to discuss your case.

Talk to an Albuquerque Auto Insurance Bad Faith Lawyer Today

If your auto insurance claim was denied, delayed, or valued far below what the damage was worth, our team at Collins & Collins, P.C. will review your case at no cost and no obligation. We are located at 407 7th St NW, Albuquerque, NM 87102, and serve clients throughout New Mexico.

Call (505) 242-5958 or complete the case review form today.

Past results do not guarantee similar outcomes. Every case is different, and the value of any claim depends on its specific facts.

Speak with a Legal Team That Puts Justice First

If you or a loved one has been harmed by negligence, medical malpractice, or injustice in New Mexico, Collins & Collins, P.C. is here to fight for the compensation you deserve. Your first conversation is always free and confidential.

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