You’ve just been in a crash. You’re shaken, possibly hurt, and dealing with a damaged vehicle. Within days — sometimes within hours — your phone rings. It’s a friendly insurance adjuster calling to “help” you resolve your claim quickly and get your life back to normal.
It sounds like good news. It isn’t.
Insurance companies are businesses. Their profit depends on paying out as little as possible on claims. The adjuster calling you isn’t your advocate — they’re a trained professional whose job is to protect the company’s bottom line, not yours. Understanding their most common tactics is the first step to protecting yourself.
Tactic #1: The Recorded Statement Request
One of the first things an insurance adjuster will ask for is a recorded statement — your account of the accident, on the record, while the conversation is being taped.
This request is almost always made in the days immediately following the crash, when you may still be in pain, emotionally overwhelmed, or not yet fully aware of the extent of your injuries. That timing is not an accident.
What you need to know: You are generally not legally required to provide a recorded statement to the other driver’s insurance company. The insurer can evaluate and process a claim without one. The purpose of the recorded statement is to lock you into an early version of events — one they can later use to find inconsistencies, minimize your injuries, or suggest you were partially at fault.
A few words said in the wrong order — “I didn’t see them until it was too late,” “I was in a hurry,” “I’m feeling okay, just a little sore” — can be used against you months later when your injuries turn out to be far more serious than they appeared in those first days.
What to do: Politely decline to provide a recorded statement until you have spoken with an attorney. You can confirm basic facts — your name, that the accident occurred — without submitting to a recorded interview.
Tactic #2: The Quick Settlement Offer
Speed is a strategy. Insurance companies know that injuries often reveal themselves over days, weeks, and sometimes months. A back that “just feels a little stiff” after a crash can turn out to be a herniated disc requiring surgery. A headache can be a traumatic brain injury. Soft tissue damage that feels minor in week one can become a chronic, life-altering condition.
When an adjuster calls with a fast settlement offer — sometimes within days of the accident — they are betting that you don’t yet know how badly you’re hurt. And they’re often right.
The catch: once you sign a release and accept a settlement, you typically cannot go back and ask for more money. Even if you later discover you need surgery. Even if you miss months of work. Even if your injuries turn out to be permanent. The case is closed.
What to do: Never accept a settlement offer before you have completed medical treatment and have a clear picture of your total damages — medical bills, lost wages, future care needs, and pain and suffering. An experienced personal injury attorney can evaluate any offer against the true value of your claim.
Tactic #3: Downplaying New Mexico’s Comparative Fault Rules
New Mexico follows a legal doctrine called pure comparative negligence (adopted in Scott v. Rizzo, 1981). Under this rule, even if you were partially at fault for the accident, you can still recover compensation — reduced by your percentage of fault.
For example: if a jury determines you were 20% at fault and the other driver was 80% at fault, you can still recover 80% of your total damages.
Insurance adjusters know this law. And they use it strategically. By suggesting that you share blame for the accident — you were going slightly over the speed limit, you didn’t brake fast enough, you changed lanes without enough warning — they can argue your recovery should be reduced. In some cases, they’ll use this argument to pressure you into a lower settlement before the true facts are fully established.
An attorney can investigate the accident, gather evidence, and push back against improper fault allocations before they affect your recovery.
Tactic #4: Delays, Denials, and the Waiting Game
Not every insurance tactic involves a fast phone call. Sometimes the strategy is simply to wait.
Adjusters may take weeks to respond to calls, request the same documentation multiple times, or dispute the necessity of your medical treatment. The goal is often to frustrate injured people into giving up — or to delay long enough that financial pressure forces a low settlement.
New Mexico’s statute of limitations for personal injury claims is three years from the date of the accident (NMSA 1978, § 37-1-8). That’s your window to file a lawsuit if a fair settlement isn’t reached. But three years is not as long as it sounds when you’re dealing with months of medical treatment, incomplete records, and an insurer that isn’t returning your calls.
Important exception: If your accident involved a government vehicle — a city bus, a county truck, a state vehicle — you may have as little as 90 days to file a formal Tort Claims Notice under the New Mexico Tort Claims Act. Missing that deadline can mean losing your right to recover anything at all.
A Note on New Mexico’s UM/UIM Coverage Rules
New Mexico has long required insurers to include uninsured/underinsured motorist (UM/UIM) coverage in all auto policies at limits equal to the policy’s liability coverage — unless the policyholder rejects it in writing. This is a meaningful protection: if the driver who hits you has no insurance or not enough to cover your injuries, your own UM/UIM coverage can make up the difference.
In Kileen v. Didio (2025), the New Mexico Supreme Court held that insurers must offer UM/UIM coverage on a per-vehicle basis — a ruling the Office of Superintendent of Insurance implemented in late 2025 — giving policyholders more specific control over how they select or reject this coverage for individual vehicles on their policy. If you’re unsure what your policy covers, now is the time to find out — before you need it.
New Mexico’s minimum liability limits remain $25,000 per person and $50,000 per accident for bodily injury — limits that can be exhausted quickly in a serious crash. If your injuries exceed the at-fault driver’s coverage, your own UM/UIM policy may be a critical source of additional recovery.
The Difference an Attorney Makes
Every tactic described above is more effective against someone who doesn’t have legal representation. Once you have an attorney, the dynamic shifts. The adjuster is no longer dealing with an injured person who doesn’t know the law — they’re dealing with someone who does.
At Singleton Schreiber, we handle the insurance companies so our clients can focus on recovering. We review every piece of communication, negotiate aggressively on your behalf, and — when a fair settlement isn’t offered — we take cases to trial.
Alex Flores has been fighting for justice since 2013 — first as a federal prosecutor, now as a personal injury lawyer — and as senior counsel at Singleton Schreiber, he brings the full resources of a nationally recognized firm to every case he handles.
Frequently Asked Questions
Do I have to talk to the other driver’s insurance company?
You must cooperate with your own insurance company under the terms of your policy, but you are generally not required to give a recorded statement to the at-fault driver’s insurer. Consult an attorney before you do.
How long do I have to file a car accident claim in New Mexico?
Generally three years from the date of the accident under NMSA 1978, § 37-1-8. Shorter deadlines apply if a government entity is involved. Don’t wait — evidence disappears and witnesses’ memories fade.
What if I was partly at fault for the accident?
You can still recover in New Mexico under the state’s pure comparative fault law, even if you share some responsibility. Your damages are reduced by your percentage of fault, but you are not barred from recovery.
What does it cost to hire Alex Flores?
Nothing upfront. Personal injury cases at Singleton Schreiber are handled on a contingency fee basis, meaning you pay nothing unless we recover for you.
Contact Alex Flores at Singleton Schreiber
If you’ve been injured in a car accident in New Mexico, don’t negotiate with the insurance company alone. Call Alex Flores at Singleton Schreiber for a free consultation. We’ll evaluate your case, explain your rights, and tell you exactly where you stand — at no cost to you.
Call or text us today. Your recovery starts with one phone call.
This post is for general informational purposes only and does not constitute legal advice. If you have been injured, please consult with a qualified New Mexico personal injury attorney about your specific situation.