A civil complaint is the filing that protects your claim, and in New Mexico you usually have three years from the crash to file it under NMSA 1978, Section 37-1-8. The mistake is treating the adjuster's "quick settlement" paperwork like the real deadline.

The smarter move is usually to wait, not grab the first check.

When an Albuquerque insurer hears "I already had back problems," the common play is a fast, friendly offer before your records show how much worse the crash made things. That matters after an I-40 black ice wreck or a high-speed I-25 crash, where a "bad back" can turn into new radicular pain, surgery recommendations, or missed work. New Mexico law allows recovery when a crash aggravates a pre-existing condition. The insurer does not get a discount just because your spine was vulnerable before.

Do not rush to sign:

• a medical authorization giving broad access to your entire history
• a release of claims
• a check marked full and final settlement

Once you sign a release, the claim is usually over, even if an MRI later shows a much more serious injury.

The better approach is to wait until you have enough proof to separate the old baseline from the new worsening: prior treatment records, post-crash imaging, work restrictions, and a doctor's opinion that the collision aggravated the condition. That is what pushes back against the classic denial line: "your pain is degenerative, not crash-related."

If the adjuster keeps delaying, asks for the same records repeatedly, or says you must give unlimited records before they can evaluate, that is a pressure tactic. New Mexico insurers must investigate and communicate in good faith, and complaints go to the New Mexico Office of Superintendent of Insurance.

Tax-season debt pressure is real, but a fast $2,500 or $5,000 offer can cost far more if your treatment, wage loss, or medical liens grow over the next few months.