New Mexico Insurance Bad Faith Lawyers

Practice Areas

Do You Have A Case?

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

(505) 242-5958

You purchased insurance to protect your future, not to fight for it. When an insurer denies a valid claim, whether it is for a home damaged by storms, a vehicle wrecked in an accident, or critical medical care, the financial and emotional toll can be devastating. You are left to pick up the pieces while the company you trusted protects its bottom line.

Insurance companies have vast legal and financial resources designed to minimize payouts. They count on policyholders giving up when faced with delays, confusing paperwork, or outright denials. At Collins & Collins, P.C., our New Mexico insurance bad faith lawyers know that these are not just administrative errors; they are often calculated business decisions that violate state law and the implied covenant of good faith and fair dealing.

We take a strong, proactive approach when institutions use their power to avoid accountability. For decades, we have challenged major insurers and state entities that fail to meet their obligations. When a carrier refuses to act responsibly, we step in with the experience and courtroom presence needed to shift the pressure back where it belongs.

Don’t face them alone. Contact us today for a free case review. Our insurance attorneys are ready to move quickly to protect your rights and demand the full recovery you deserve.

If you or a loved one has suffered severe permanent harm or death please call 505-242-5958 or complete our Case Review Form

First-Party vs. Third-Party Bad Faith: Understanding Your Claim

Insurance misconduct generally falls into two categories. Our firm handles both breach of contract and tort claims, ensuring your rights are enforced whether you are fighting for your own benefits or protection from a lawsuit.

First-Party Bad Faith (Denied Benefits)

This occurs when your own insurance company refuses to pay a valid claim you have filed for yourself.

Example: Your homeowner’s insurance denies a valid roof claim after a storm, or your health insurer refuses to authorize necessary surgery.
The Violation: The insurer places its profits ahead of your well-being by unreasonably delaying or denying the benefits you paid for.

Third-Party Bad Faith (Failure to Defend)

This occurs when you are sued by someone else (e.g., after a car accident) and your insurance company fails to protect you.

Example: You cause an accident, and the other driver sues you for $100,000. Your insurance company refuses to settle within your policy limits or refuses to hire a lawyer to defend you, leaving you personally liable for the judgment.
The Violation: New Mexico law requires insurers to prioritize your financial safety as much as their own. Abandoning you to face a lawsuit alone is a serious breach of their fiduciary duty.

Reach out now at 505-242-5958 to discuss your case with an experienced New Mexico Insurance Bad Faith Lawyers.

Types of Insurance Bad Faith Claims We Handle

Insurance bad faith isn’t just a legal concept; it is a direct attack on your financial security. Our insurance bad faith attorneys in New Mexico know exactly how carriers manipulate different types of policies to save money. We challenge these specific tactics across all major lines of coverage.

Life Insurance Bad Faith

Your family shouldn’t have to fight a legal battle while grieving a loss. Insurers often exploit this vulnerability, hoping you will accept a denial rather than push back. We step in to enforce the contract when they try to withhold proceeds.

Combating “Material Misrepresentation” Claims: If the insurer tries to void the policy by claiming your loved one “lied” on an application years ago, we analyze medical records to prove their argument is baseless.
Ending Unreasonable Delays: We apply legal pressure when a carrier stalls payment by indefinitely “investigating” a clear cause of death just to hold onto the money longer.

Medical and Health Insurance Bad Faith

When an insurance adjuster overrules your doctor, they are putting their profits ahead of your health. Our denied insurance claim lawyers represent patients who are being denied life-saving care due to administrative arrogance.

Overturning “Not Medically Necessary” Denials: We challenge adjusters who have no specific medical training yet refuse to authorize the treatment plan your physician has explicitly recommended.
Fixing Pre-Authorization Loopholes: We fight back when insurers deny urgent, covered treatment solely because of minor paperwork errors or pre-authorization technicalities.

Auto Insurance Bad Faith

In New Mexico, Uninsured/Underinsured Motorist (UM/UIM) coverage is essential. Unfortunately, filing a claim often turns your own insurance company into your adversary. We ensure they treat you plainly and fairly.

Countering Lowball Settlement Offers: We expose when insurers use biased valuation software to artificially lower the value of your vehicle or medical needs.
Litigating “Failure to Defend” Cases: If you are sued after an accident and your insurer refuses to settle or hire a lawyer for you, we hold them accountable for leaving you personally exposed to a verdict.

Home and Property Insurance Bad Faith

Your home is your most valuable asset. When New Mexico weather, from hail to wildfires, causes damage, you deserve a restoration, not a cheap patch job. We prevent insurers from cutting corners on your repairs.

Challenging Depreciation Tactics: We fight against carriers that excessively depreciate labor and materials to shrink your payout below what is needed to rebuild.
Disputing “Cosmetic” Exclusions: If they refuse to replace a damaged roof by labeling the destruction as merely “cosmetic,” our insurance litigation lawyer brings in independent experts to prove the structural integrity has been compromised.

Recognize these tactics? If your insurer is using any of these strategies to delay your claim, do not wait. Request a free case evaluation today.

How Collins & Collins, P.C. Holds Insurers Accountable

We don’t just accept the insurer’s explanation for why they denied your claim; we investigate the real reason behind it. According to the National Association of Insurance Commissioners (NAIC), delay is the #1 tool insurers use to frustrate policyholders. Our insurance bad faith attorneys look for the patterns behind those delays to prove they are intentional, not accidental.

We expose the specific bad faith tactics used against you, such as:

False Accusations of Fraud: We fight back when they try to intimidate you into dropping your claim by using unfounded allegations of arson, theft, or dishonesty.

Incomplete Reviews: Our team identifies where they failed to interview your witnesses or ignored the medical evidence you provided that clearly supported your claim.

Departing from Standards: We compare their actions against their own training manuals to show where they broke their own rules to deny you coverage.

Demanding the Claim File: Our attorneys force them to hand over the full internal claim file. These notes often reveal the “smoking gun,” that the adjuster knew your claim was valid but was pressured to deny it anyway.

Compensation and "Treble Damages" We Pursue

When an insurer acts in bad faith, the cost to your family goes far beyond the original insurance bill. Our goal is to make you whole by recovering every category of compensation the law allows, transforming your claim from a simple reimbursement into a full financial recovery.

1. Unpaid Policy Benefits: Recovering the original money you were owed for your medical bills, home repairs, or vehicle replacement.

2. Economic Damages (Consequential Losses): Our insurance dispute attorneys calculate and pursue the “ripple effect” costs their misconduct forced you to pay:

Lost Wages or Commissions: Compensation if the stress or time required to fight this battle forced you to miss work.
Out-of-Pocket Medical Costs: Reimbursement for interest on loans or credit cards you had to use while your valid coverage was denied.
Attorney Fees: We seek to make the insurer pay for the legal help you were forced to hire.

3. Statutory & Treble Damages: Under the New Mexico Unfair Insurance Practices Act, if we can prove the insurer knowingly violated specific standards, you may be entitled to Treble Damages. This means the court can award three times your actual damages as a penalty to the insurer for their behavior toward you.

4. Punitive Damages: In cases of malicious or reckless conduct, we pursue punitive damages. These are designed not just to compensate you, but to punish the company and deter them from treating other New Mexico families the way they treated you.

Find out what your claim is really worth. Don’t accept a lowball offer before knowing if you are eligible for statutory damages. Call (505) 634-7595 for a free case review.

No Recovery, No Fee: Our Contingency Model

You are likely already facing financial strain because of this denial. You shouldn’t have to pay out-of-pocket to fight for what is yours. Collins & Collins, P.C. operates on a strictly contingency fee basis.

You pay $0 upfront to start your case.
We advance all costs for experts, investigations, and filing fees.
We only get paid if we recover money for you.

This model ensures that you have the same high-quality legal firepower as the insurance company, without any of the financial risk.

How Our Firm Manages Critical Deadlines in New Mexico

The insurance company knows the clock is ticking, and they may be stalling, hoping you miss a deadline. Our insurance lawyers move immediately to identify the specific statute of limitations for your case and ensure your right to sue is preserved.

Tort Deadline (2 Years): Most bad-faith claims must be filed within two years of the wrongful act (NMSA § 37-1-8). We calculate this date instantly so you don’t lose your leverage.
Contract Deadline (6 Years): Disputes purely over unpaid benefits may have a longer window (NMSA § 37-1-3). We identify if your claim qualifies for this extended timeline.
Unfair Insurance Practices Act: To be safe, we typically treat these claims under the two-year tort window to avoid any procedural risks to your case.
Government-Related Claims: If you are fighting a public entity (like a state facility’s insurance), you may have as little as 90 days to file a Tort Claims Notice. We handle this strict requirement the moment you hire us.

Time is your most critical asset. Do not guess which deadline applies to you. Contact us today to confirm your statute of limitations and ensure your claim remains valid.

Client Experiences With Our Legal Representation Across Serious Disputes

Collins & Collins, P.C. has represented clients in complex insurance litigation disputes involving serious harm and institutional failures across New Mexico. These experiences reflect the same depth of investigation and advocacy we bring to our work as trusted Albuquerque insurance bad faith attorneys.

Frequently Asked Questions About Insurance Bad Faith Claims

We simplify complex legal matters by providing clear, concise, and accurate answers to your most pressing questions.

Can Your Firm Take Over My Case If Another Attorney Handled The Original Insurance Claim?

Yes. We often step in when a general personal injury attorney realizes the insurance company is acting in bad faith. We review prior work and aggressively litigate the bad faith portion of the case.

Do You Handle Cases Against National Insurance Carriers?

Yes. Whether it is a local New Mexico insurer or a massive national brand (like State Farm, Allstate, or Geico), they must all follow New Mexico state laws. We are experienced in litigating against national carriers.

What is the First Step to Begin a Bad Faith Case With Collins & Collins, P.C.?

To begin a bad-faith case with our firm, the first step is to provide your claim materials for review. This step allows us to identify mishandling, confirm violations, and determine whether litigation is appropriate.

What Documents Do You Need For an Insurance Bad Faith Case Review?

To review an insurance bad faith case, we need your insurance policy declaration page, the denial letter, and any correspondence (emails/letters) between you and the adjuster.

Can Collins & Collins, P.C. Pursue Recovery Beyond Policy Limits in Qualifying Bad Faith Cases?

Yes, our insurance lawyers can pursue recovery beyond policy limits in qualifying bad faith cases. Recovery beyond limits applies when the insurer’s conduct supports additional remedies authorized under New Mexico law.

Contact Collins & Collins, P.C. Today & Take Control of Your Claim

Insurance companies rely on delay and frustration to protect their bottom line. Every day that passes without legal intervention is another day they hold onto money that belongs to you. Do not let them control the timeline of your recovery.

Contact Collins & Collins, P.C. today for a free, confidential case review. We will examine your policy, analyze the denial, and give you a clear, honest assessment of your options. If your insurer has engaged in unfair claims practices, we are ready to hold them accountable in court.

Call us at 505-242-5958 or complete our online form to start your fight for fair compensation.

Practice Areas

Advocating for Justice Across Multiple Legal Fields

By addressing following common threats across different vulnerable groups, we aim to hold the responsible entities accountable and push for systemic reforms that ensure dignity and care for all individuals.