New Mexico has one of the highest rates of uninsured drivers in the country. If one of them hits you, your only path to compensation is often your own UM/UIM coverage. Here's what New Mexico law requires and why it's worth more than most people realize.
Under NMSA §66-5-301, every auto insurer in New Mexico must offer uninsured/underinsured motorist coverage equal to your liability limits. You can reject it in writing, but if you don't, you have it.
If the other driver has no insurance, hit-and-runs you, or has lower limits than your damages, UM/UIM steps in to cover medical bills, lost wages, and pain and suffering up to your policy limit.
If you have multiple vehicles on a policy or multiple policies in the household, NM courts have generally allowed "stacking" — adding the limits together — for UM/UIM. This can dramatically increase what's available.
UM/UIM claims look like first-party insurance claims, but functionally you're suing your own insurance company for the value of the case. Adjusters defend them aggressively.
While the underlying tort claim has a 3-year limit, UM/UIM contract claims can have shorter notice and suit windows depending on policy language. Don't let either deadline slip.
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NotALawyer.com provides general legal information, not legal advice.