Why does the Albuquerque dealer want my wrecked test-drive SUV before inspection?
The one thing the dealer and its insurer hope you never find out is that once the SUV is repaired, moved, stripped, or sold for salvage, a brake, steering, tire, or airbag defect can become much harder to prove.
Before you know that, the crash looks like a routine insurance claim. The dealer blames your driving. The manufacturer stays quiet. Someone offers to tow the vehicle away from Albuquerque and "handle everything." If you already had a bad back or neck and this wreck on I-40, Coors, or a rural road near grain-truck traffic made it dramatically worse, they may also try the old line that "you were injured already."
After you know the angle, the situation changes. A possible product liability claim is not just about who was behind the wheel. In New Mexico, you may have claims against the manufacturer, the dealer/seller, and sometimes the installer or repair shop if a part was installed wrong. New Mexico recognizes strict liability, which means you do not always have to prove someone was careless; you can pursue a claim if a defective product was unreasonably dangerous and caused or worsened the injury.
What matters right away:
- Do not authorize repairs or disposal before the vehicle and failed parts are documented and inspected.
- Keep the purchase/test-drive paperwork, tow records, recall notices, text messages, and any dashcam or lot surveillance information.
- Get the exact VIN checked for recalls and prior repair work.
- Make sure your records clearly show the crash aggravated a pre-existing condition, not just caused a brand-new injury.
In New Mexico, the usual deadline to sue for personal injury is 3 years from the date of injury. There is also no cap on non-economic damages in ordinary injury cases, so pain, limitations, and worsening of an old condition can matter a lot. That is especially important when the other driver angle is weak or uninsured, which is common here.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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