If you sustained injuries in a collision with a driver who had no insurance or insufficient coverage, you may be dealing with significant medical bills, lost income, and uncertainty about how to proceed. With thousands of motorists sharing the road every day, the reality is that not every driver carries adequate liability coverage.
At the New Mexico Accident Firm, a car accident attorney could review the details of your situation and explain what recovery options may be available. Whether your losses stem from an uninsured or underinsured collision or a hit-and-run, having dedicated legal guidance for uninsured/underinsured car accidents in Albuquerque could be crucial to pursuing fair compensation.
Uninsured motorist (UM) coverage applies when the at-fault driver carries no liability insurance, when their insurer denies the claim, or when the responsible driver flees the scene in a hit-and-run. Underinsured motorist (UIM) coverage applies when the at-fault driver does carry insurance, but the policy limits are not enough to fully cover your damages.
For example, if your medical bills and lost income total $75,000 but the at-fault driver only carries the state minimum of $25,000, your UIM policy would cover the $50,000 gap, minus any deductible.
Under New Mexico Statutes Annotated § 66-5-301, auto policies issued in the state must include UM/UIM coverage at least equal to the state’s 25/50/10 liability limits. However, the named insured does have the right to reject this coverage in writing. The statute also provides a property damage exclusion capped at $250 per accident. If you did not reject UM/UIM coverage, your own policy may serve as a financial safety net after a vehicle wreck with an uninsured driver in Albuquerque.
When the at-fault driver has inadequate insurance coverage after a car crash in Albuquerque, there may be available options to pursue compensation for your resulting injuries and losses, including:
Our attorneys could determine which of these options applies to your case and guide you through the claims process.
Filing a UM/UIM claim after an auto collision in Albuquerque is not the same as filing a claim against another driver’s insurance. In this case, our attorneys could negotiate with your own insurer. We could help gather evidence to establish the uninsured driver’s fault, document your injuries and financial losses, and negotiate with the insurance company on your behalf.
It is also important to be mindful of the state’s three-year statute of limitations for personal injury cases, as outlined in NMSA § 37-1-8. Additionally, the state follows a pure comparative negligence system, which means you may still recover damages even if you were partially at fault for the collision. However, your percentage of responsibility would reduce your award.
Uninsured/underinsured car accidents in Albuquerque can leave you feeling unsure about what comes next. At the New Mexico Accident Firm, we help individuals in our community manage these difficult situations.
If a driver with no insurance or insufficient coverage caused you harm, our lawyers could help you explore your legal options and pursue the compensation you may be eligible to receive. Contact us today to discuss your case.
