Even though New Mexico has strict minimum car insurance requirements, not all drivers follow the law. In fact, according to the Insurance Information Institute, New Mexico ranks second in the nation for the number of drivers who are uninsured.
Statistically speaking, there’s roughly a 25 percent chance that, if you get into a car accident, the other driver will be uninsured.
The number of uninsured drivers in Albuquerque and other cities in New Mexico has increased in recent years. In fact, between 2015 and 2022, there’s been a 19 percent increase in drivers without insurance across the state.
Since New Mexico follows a fault-based system for car insurance, this can be problematic if you get hurt in an Albuquerque car accident and the other driver doesn’t have adequate coverage. Typically, you’d be able to file a claim against their insurance policy and recover benefits from their provider.
Fortunately, there are options to help you get compensation after an accident with an uninsured driver in Albuquerque, NM. Working with an experienced Albuquerque car accident lawyer at Singleton Schreiber can help you explore your rights and fight for the money you’ll need to pay for costly medical treatment, offset lost wages while you recover, and help you cope with the pain and suffering you’ve experienced.
We’re experienced Albuquerque injury lawyers backed by national resources and a billion-dollar track record of success. Contact our Albuquerque, NM, law office to discuss your uninsured motorist accident case for free today.
Is Uninsured Motorist Coverage Mandatory in New Mexico?
Yes and no. When you buy a car insurance policy, as required by New Mexico law, you’ll be required to purchase coverage that satisfies the state’s 25/50/10 requirement. At the very least, you must carry $25,000 per person and $50,000 per accident in bodily injury liability and $10,000 per accident in property damage liability coverage.
New Mexico is also required to offer you another type of insurance benefit: uninsured motorist coverage (UM).
Uninsured Motorist Coverage is intended to help you cover the costs of an accident involving a driver who doesn’t have insurance. UM essentially takes the place of the benefits the uninsured driver should have had.
Your insurance company must also offer something called Underinsured Motorist Coverage (UIM), which can help to offset the difference between what an at-fault driver’s insurance policy will cover and the damages you’ve sustained in a crash. Essentially, UIM helps to bridge the gap between available benefits and your actual costs.
Even though the insurance company has to offer UIM and UM coverage, you don’t have to buy them. However, you’ll be required to reject the coverage in writing if you decide not to add it to your policy.
What Does Uninsured Motorist Coverage Pay For?
Uninsured Motorist Coverage has to equal the state’s minimum liability coverage.
So, if you add UIM to your car insurance policy, you’ll have up to $25,000 per person and $50,000 per accident in bodily injury benefits, which can help you navigate costs related to:
- Medical treatment
- Lost wages and income
- Pain and suffering
Your UIM policy will also include at least $10,000 in property damage liability coverage, which can pay for costs related to repairing or replacing your vehicle.
Can Uninsured Motorist Coverage Be Stacked in New Mexico?
Yes. Uninsured Motorist Coverage benefits can be stacked by default. Stacking allows you to combine UIM coverage if you have it for multiple vehicles.
For instance, let’s say you have two vehicles on your car insurance policy, each of which has minimum UIM coverage. If you get into a car accident with an uninsured driver in Albuquerque, you can stack those benefits and have $50,000 to pay for your medical bills, lost wages, and suffering and $20,000 to cover costs to repair your car. If you had three vehicles with UIM coverage, your available benefits would increase to $75,000 in bodily injury and $30,000 in property damage liability.
Insurance companies must explain how your UIM benefits work and how stacking may apply when you get into an accident with an uninsured motorist. Stacking can be prohibited by the insurance company, but only if you expressly waive that right in writing.
What If I Don’t Have Uninsured Motorist Coverage and Get Into a Car Accident With an Uninsured Driver in New Mexico?
You’re not out of luck. Just because a motorist chooses to violate the law and drive without insurance doesn’t mean they’ll escape liability if they cause a car accident. Instead, the driver will be personally responsible for your damages. As an Albuquerque crash victim, you’ll have the right to file a personal injury lawsuit against them (or any other liable party) seeking damages for the harm they’ve caused.
Most car accident lawsuits are based on the tort of negligence, which would require you to prove that the uninsured motorist’s carelessness caused your car accident. If you win, you can recover compensatory damages to help offset your present costs, future expenses, and the pain and suffering you’ve experienced as a crash victim.
Why Should I Hire a Car Accident Attorney in Albuquerque After a Crash With an Uninsured Motorist?
While any car accident claim can be complicated, things can become even more challenging when the person who causes an accident isn’t insured. Hiring an award-winning Albuquerque car accident lawyer protects your legal rights and puts you in a position to get the money you need and deserve.
Singleton Schreiber is the top choice for crash victims in Albuquerque because we’re fearless advocates who won’t rest until our clients are made whole. The billions of dollars we’ve recovered through settlement agreements and jury verdicts are a testament to that.
You’ll have a limited time to file a personal injury claim after an accident with an uninsured motorist in Albuquerque, NM, so don’t hesitate to call our personal injury law firm to set a time for a free consultation. Members of our team will be there to answer 24 hours a day.
