A Hit-and-Run Left You With a Spinal Cord Injury? You Don't Have to Sort It Out Alone

Albuquerque Spinal Cord Injury Hit-and-Run Lawyer

If a driver hit you and drove away, you may still have options. A spinal cord injury hit and run lawyer can review the crash, your insurance and the deadlines that apply. This page explains how these claims work for people in Albuquerque and Bernalillo County, what to document, and what to expect next.

What a Hit-and-Run Spinal Cord Injury Claim Is

A hit-and-run claim starts when a driver leaves the scene of a crash that injured someone. The injured person may have been a driver, passenger, pedestrian or cyclist.

New Mexico law requires a driver in a crash with injury to stop and stay at the scene, as close as possible to where it happened. The driver must give a name, address and registration number and help the injured person get care. A driver who leaves a crash causing great bodily harm or death commits a fourth-degree felony under NMSA 1978, § 66-7-201; a driver who knowingly does so commits a third-degree felony.

A spinal cord injury can change daily life in lasting ways. Paralysis, loss of mobility and long-term medical needs can affect work, home and independence. That is why early medical records and early evidence matter so much.

Some hit-and-run cases involve a driver who is never found. Others involve a driver who was identified but has no insurance. The steps below apply to both situations.

What the Claim Can Cover

A spinal cord injury claim can seek money for losses tied to the crash. Those losses usually fall into medical costs, lost income and harms that do not come with a bill.

Common losses include:

• Emergency care, hospital stays and surgery
• Rehabilitation and therapy
• Medications and medical equipment
• Changes to a home or vehicle for mobility needs
• Future medical care that the records support
• Lost wages and reduced ability to earn income

Non-economic harms include pain, loss of function, emotional distress and loss of enjoyment of life. These are judged case by case, based on the records and how the injury affects daily life.

Family members may have their own claims.

No one can say in advance what a claim is worth. The value depends on medical records, available insurance and the evidence in the file.

Steps That Protect a Hit-and-Run Claim

The most useful steps are getting medical care, reporting the crash and writing down details while they are fresh. Under NMSA § 66-7-206, a driver involved in an accident resulting in bodily injury, death, or property damage of $500 or more must immediately give notice to the police department if the accident occurs within a municipality, or otherwise to the county sheriff or the nearest New Mexico State Police office. This applies when a crash involves bodily injury or death, or property damage of $500 or more.

• Get medical care right away. Follow the treatment plan. Medical records tie the injury to the crash.
• Keep the police report number. Write down the agency and officer name, if known.
• Record what you know about the vehicle. Note any partial plate number, make, color, direction of travel, and the time and place.
• Collect witness details. Write down names and phone numbers of people who saw the crash.
• Photograph the scene. Take pictures of the scene, vehicle damage and visible injuries.
• Start an expense log. Track bills, missed work and daily tasks you can no longer do.

Bring these notes to your first consultation. Early details are the hardest to rebuild later.

How Uninsured Motorist Coverage May Apply

Uninsured motorist coverage may be a source of recovery when the at-fault driver cannot be found or has no insurance. Under NMSA 1978, § 66-5-301, auto liability policies delivered or issued in New Mexico must provide uninsured motorist coverage for any motor vehicle registered or principally garaged in New Mexico. NMSA 1978, § 66-5-301 reads: “unless coverage is provided therein or supplemental thereto in minimum limits for bodily injury or death and for injury to or destruction of property as set forth in Section 66-5-215 NMSA 1978 and such higher limits as may be desired by the insured, but up to the limits of liability specified in bodily injury and property damage liability provisions of the insured’s policy, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, and for injury to or destruction of property resulting therefrom, according to the rules and regulations promulga.” The named insured can reject that coverage, so the policy wording matters. This coverage also includes underinsured motorist coverage.

Whether coverage applies, and what it pays, depends on the policy language, the drivers’ coverage and the facts of the crash. Read the policy early, because some reporting steps can matter.

The police report also plays a role. Accident reports generally cannot be used as evidence at trial. But an official copy of the investigating officer’s report may be introduced in an arbitration or civil action about uninsured motorist coverage. It can help show whether the other driver was insured or uninsured. See NMSA 1978, § 66-7-213.

What to Expect From the Process

The process begins with a first consultation. It then moves through case review, insurance claims and, if needed, a lawsuit.

1. First consultation. You describe the crash, your injuries and your coverage. You can bring your questions and records.
2. Case review. The team reviews the police report, medical records, insurance policies and other evidence. It may request more records.
3. Insurance claims. The claim goes to the responsible insurers, including uninsured motorist coverage where it applies.
4. Negotiation or lawsuit. Some claims resolve through negotiation. If not, a lawsuit may be filed in the proper New Mexico court.
5. Resolution. Timing depends on medical recovery, insurer responses and court schedules. Our team explains expected timing as your case develops.

Because medical recovery takes time, the claim may move in stages. Regular updates help you plan around each stage.

Deadlines: Why Timing Matters

New Mexico law sets a three-year time limit for claims for injury to a person. NMSA § 37-1-8 provides that an action for an injury to the person or reputation of any person must be brought within three years. Timing can differ in some situations, depending on the facts, so early review helps.

Insurance policies can also have their own reporting steps. Those can come sooner than a court deadline, so read the policy early.

Hit-and-run cases can take longer to investigate, since the at-fault driver may be unknown. Photos, witness memories and camera footage can be lost over time. Acting early keeps more evidence in view.

Medical care should never wait for the claim. Your health comes first, and the records you build along the way support the claim.

Why Work With El Gringo Law

El Gringo Law handles car accidents, trucking accidents, catastrophic injuries and spinal cord injuries. The firm also handles premises liability, negligent security, wrongful death and burn injury matters. It represents people hurt in Albuquerque and Bernalillo County.

Josh Wood is the lawyer responsible for this page. He is licensed in New Mexico and Arizona. Our lawyers and support staff work on each matter the firm takes.

Each claim turns on its own facts, records and coverage. Our team can help you gather records and stay informed as the matter moves. You can reach the firm through elgringolaw.com.

Fees, Costs, and Your First Consultation

The first consultation is free, confidential and carries no obligation to continue (Spanish: consulta inicial gratuita, confidencial y sin compromiso).

Fees are set out in a written agreement. The firm may advance court costs and litigation expenses, and repayment may depend on the outcome of the matter, as Rule 16-108 NMRA permits. You may be responsible for court costs and the expenses of litigation under the written agreement. The agreement sets out which costs apply.

Common Questions About Hit-and-Run Spinal Cord Injury Claims