If you’ve been in a car accident, your day can turn from bad to worse if the at-fault driver is uninsured or underinsured. This situation may leave you wondering how you will get compensation for medical expenses, lost wages, and other damages. Understanding how personal injury claims work with uninsured or underinsured drivers can assist you in getting the justice and compensation you deserve.
If you find yourself in this situation, keep reading to learn about uninsured and underinsured motorist coverage, the steps to take if you’ve been in a crash with an uninsured or underinsured driver, New Mexico laws about uninsured and underinsured motorists, and the challenges involved in pursuing compensation from these drivers.
Although New Mexico requires its drivers to have auto liability insurance, nearly 25% of motorists remain uninsured, which leaves accident victims in a tough spot when it comes to recovering damages. In such cases, uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage are designed to protect victims.
Uninsured motorist (UM) coverage applies when the at-fault driver does not have auto liability coverage. Your own insurance policy’s UM coverage will then cover your medical bills, car repairs, and other costs.
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but it’s not enough to cover all damages. For example, if the at-fault driver has auto liability coverage, but your medical bills cost more than that, your own UIM coverage will make up the difference.
New Mexico law states every motorist must carry auto liability coverage, although they might not always provide complete coverage. That is why UM coverage and UIM coverage are crucial to ensuring you have the financial resources. If you don’t have this coverage in your insurance policy, you should highly consider it.
If you get into a crash with a driver who is uninsured or underinsured, there are steps you should take to protect yourself and begin the claims process.
If you are in a crash call the police to report the accident, and if possible, move your car to safety and out of potentially dangerous moving traffic. State laws require police to be called when fatalities or injury are involved, but it is always helpful and important to get a police report when combatting claims with uninsured or underinsured drivers. The police will then file an accident report, which is important when filing a claim with your insurance company or in court. Be sure to get a copy of the accident report and request the officer to note any details about the other driver’s lack of insurance.
If you are in a car accident, gather as much evidence as possible. Take photos or videos of the damage to your vehicle, the overall scene, and any visible injuries. If there are any witnesses, get their contact information. Also, get the at-fault driver’s contact information, including their name, phone number, insurance information, and license plate number.
Let your own insurance company know about the crash as soon as possible. If you have UM or UIM coverage, you can start filing a claim with your insurer. They will investigate the accident and help determine the compensation you’re eligible for.
Arguably, one of the most important steps when making a claim with an uninsured or underinsured driver is to seek the help of a personal injury attorney. A personal injury attorney can make sure that you’re not taken advantage of by an insurance company that may not have your best interest at heart. They can also help you know your options and advise you on the best course of action to make sure you are made whole again after the accident.
It is possible that your insurance may not fully cover your damages or that the at-fault driver is hard to find and pursue, so a personal injury and accident attorney will fight for you where an insurance company may fall short. Having a well-versed personal injury attorney on your side can help you ensure that your case is presented effectively, and that you are awarded what you deserve and are owed after an accident.
Knowing and understanding the laws in New Mexico is critical to pursuing any personal injury claims involving uninsured and underinsured motorists.
Minimum Insurance Requirements in New Mexico
New Mexico law requires drivers to carry a minimum level of car insurance, including:
Unfortunately, these minimums may not completely cover damages in a serious car accident.
Insurance companies are required to offer UM and UIM coverage to their policies, but they are not mandatory. If you decline coverage, you must do so in writing.
It is important to note that UM and UIM coverage applies regardless of whether the accident occurs in New Mexico or elsewhere, provided that your insurance policy is active and includes this coverage.
If you’re involved in an accident with an uninsured or underinsured driver, you will typically file a claim with your own insurance company under your UM or UIM coverage. The amount of coverage available will depend on your specific insurance policy. We recommend reaching out to a trusted personal injury attorney when an injury occurs from an accident so they can advocate for you with your insurance, or in pursuing the UM or UIM, though this can be challenging if the driver has limited assets.
Although UM and UIM coverage are designed to protect victims of car crashes, getting reparations from an uninsured and underinsured driver can still be a challenge. You may face some of the following issues:
If the at-fault driver is uninsured, they may not be in a good enough financial situation to pay you for any damages and injuries. You can still file a lawsuit, but it may be difficult to collect compensation if the driver does not have any assets or an income.
Insurance companies want to make a profit, and in doing so, they may try to minimize the payout on your claim. In UM and UIM coverage cases they may try to state that the crash was not fully the fault of the at-fault driver, and that any injuries are not as serious as you claim. An experienced personal injury attorney can help you face these claims and get you the compensation you’re entitled to.
Without the legal knowledge of personal injury cases regarding uninsured and underinsured drivers, it can be difficult to navigate one in pursuit of getting compensated. Let a personal injury lawyer with the knowledge and experience help you file a claim with your insurance, negotiate settlements, and possibly go to court to help you.
If you’ve been in a car accident with an uninsured or underinsured motorist, let the New Mexico personal injury attorneys at VOZH Law help. They will help you get the justice and compensation for medical expenses, lost wages, and other damages you deserve. Learn more about us on our about page.
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