New Mexico law states that you can get punitive damages when you are involved in an auto accident with a drunk driver which causes you injuries. The punitive damages are to punish the drunk driver for violating New Mexico law. Typically the amount of punitive damages for a drunk driver accident depends on such facts as the blood alcohol content and the number of previous convictions for drunk driving. Typically, the drunk driver's insurance company will refuse to pay punitive damages. However, most will pay extra money to settle the case and keep it from going to trial. If the drunk driver's insurance refuses to pay an extra money, you may have a right to claim punitive damages from your own insurance company. While this may sound strange at first, your own insurance company will pay for claims that are uninsured with the drunk driver's insurance. Payment of uninsured motorist coverage from your own insurance company may depend on the amount of money you are offered from the drunk driver's insurance and the amount of uninsured motorist coverage you have.
As we approach New Year's Eve, please drive safely. Never Drink and Drive no matter how much alcohol you have consumed.
If you have questions about injuries from a drunk driver please call us immediately at 505-883-5000 or 800-657-9292 or e-mail us at mark@carusolaw.com or see our detailed web site at www.carusolaw.com
Thanks for visiting us. Mark Caruso
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