$110,000.00 settlement in Albuquerque motorcycle accident
A woman was riding her motorcycle in Albuquerque when another vehicle failed to yield the right-of-way, causing a collision. The motorcyclist suffered numerous fractures and had to be transported to the hospital from the scene. Fortunately, the motorcyclist suffered no life-threatening injuries. Will Ferguson & Associates was retained by the motorcyclist to help obtain compensation for her injuries and damages.
The at-fault driver had insufficient auto insurance to cover the motorcyclist’s injuries and damages. Accordingly, compensation was sought from the motorcyclist’s own insurance policy pursuant to her uninsured/underinsured motorist coverage. However, her motorcycle insurance policy was issued in the State of Texas. When an accident occurs in one state and an applicable insurance contract has been entered in another state, the following question inevitably arises: Which state’s laws apply to govern the accident? The answer is this: the law of the place of the accident applies to determine the victim’s rights to recover from the at-fault driver, and the law of the place of the contract applies to interpret the terms of the contract. In this case, the law of New Mexico governed the motorcyclist’s right to recover from the at-fault driver, and the law of Texas governed for purposes of interpreting the terms of the motorcyclist’s uninsured/underinsured motorist policy. Will Ferguson & Associates was able to interpret Texas law on behalf of our client to ensure she received the full value of her uninsured/underinsured coverage for her motorcycle accident in New Mexico, after securing a recovery from the at-fault driver.