New Mexico Injuries

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What happens if I ignore the insurer's doctor and use the VA instead?

3 years is the usual New Mexico deadline for most injury lawsuits under NMSA 1978, Section 37-1-8, but the more immediate fact is this: an Albuquerque auto insurer usually cannot force you to treat with its doctor just because you were hurt.

If this is the other driver's insurance company, you can usually keep treating through the VA and decline their "preferred" doctor. If this is your own UM/UIM carrier, your policy may require cooperation, including an exam. If a lawsuit is already filed, a court can order an exam under New Mexico procedure.

In the next 24 hours: Call the adjuster and ask one direct question: "Is this request from the at-fault driver's insurer, my own insurer, or a court order?" Get the answer in writing.

Then tell them you are treating through the VA and want all exam requests sent in writing. If your crash was in an Albuquerque construction zone on I-40 or near a lane shift with flaggers, write down exactly what happened while it is fresh, including sun glare, dust, heavy equipment, and witnesses.

In the next week: Request your VA records from the treatment visit and make sure the notes clearly connect your injuries to the crash. That matters if you have an ankle fracture, ligament tear, or another injury the insurer later tries to blame on age or prior service-related conditions.

If the insurer keeps pushing its doctor, compare that request to your policy. For a third-party claim, refusing their doctor usually means they may dispute your injuries, not that they automatically win. For a first-party UM/UIM claim, refusal can become a noncooperation argument.

In the next month: Track every bill and record source of payment. Using the VA does not erase your civilian claim, but federal reimbursement rights can come into play if the VA paid for crash treatment.

Also watch the paper trail. Conflicting advice from the VA, an adjuster, and different lawyers can wreck consistency. The insurer will compare your VA chart, photos, crash report, and your statements line by line.

by Raymond Tsosie on 2026-03-25

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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