New Mexico Complaint regarding Insurer's Failure to Pay Claim

State:
Multi-State
Control #:
US-PI-0284
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Word; 
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This form is a sample complaint filed against an insurer for failure to pay a claim.
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  • Preview Complaint regarding Insurer's Failure to Pay Claim
  • Preview Complaint regarding Insurer's Failure to Pay Claim
  • Preview Complaint regarding Insurer's Failure to Pay Claim
  • Preview Complaint regarding Insurer's Failure to Pay Claim

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FAQ

There is a three-year statute of limitations in New Mexico from the time of an accident during which a lawsuit may be filed. Of course, it's crucial to maintain tabs on the statute of limitations to safeguard your right to seek compensation for your injuries.

In many situations, insurance companies will respond to offers and counteroffers quickly, usually making a decision within a few days to a few weeks. However, this can go on much longer. There are some situations where it can take weeks to months before you can agree to the settlement amount offered.

Bad faith insurance refers to an insurer's attempt to renege on its obligations to its clients, either through refusal to pay a policyholder's legitimate claim or investigate and process a policyholder's claim within a reasonable period.

In New Mexico, you have 3 years to file a personal injury claim and 4 years to file a property damage claim. The clock on these time limits starts from the time you sustained your injury or when a reasonable person would have discovered the injury or property damage.

To file a complaint, you must first complete your health plan's appeal process. You can find information on how to file a consumer complaint or appeal with the New Mexico OSI here. You can also call the Office of Superintendent of Insurance's help line at: (855) 427-5674.

The Unfair Insurance Claims Practices Act (UIPA) explicitly creates a private right of action for any person that has suffered damages as a result of an insurer's violation of the UIPA. If your insurer has committed any of the Unfair claims practices listed in See N.M. Stat. Ann. § 59A-16- 20.

The Insurance Claim Timeline in New Mexico Under New Mexico law, insurance companies have 60 days to issue a decision in a car accident claim. Some cases take less time to resolve, especially if the at-fault driver does not dispute the claim and the victim does not require significant amounts of damages.

Unlike most other states, New Mexico does not give a specific deadline for insurance companies to respond to claims. Insurance companies simply must respond in a ?reasonably prompt? manner. In general, this is within 15 to 30 days, but it can vary based on the circumstances.

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New Mexico Complaint regarding Insurer's Failure to Pay Claim