Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person involved in a crash in New Mexico needs to identify which insurer covered the at-fault driver at the time of the accident, they can follow these primary steps:
- Obtain the Police or Crash Report.
Under New Mexico law, law enforcement officers must file a written accident report for any collision resulting in injury or significant property damage (NMSA 1978, , § 66-7-105).
This report typically lists the insurance company name and policy number if the officer recorded it at the scene. - Request a Copy of the Accident Report.
You can request the report directly from the agency that responded (city police department or county sheriff). Many agencies provide online forms or FOIA request instructions. The report often states both drivers’ insurers and policy details.
- Search Motor Vehicle Division (MVD) Records.
New Mexico’s MVD maintains vehicle registration records, which include proof of financial responsibility filed by the insurer (NMSA 1978, § 66-5-301). By submitting a written request or using an authorized third-party service, you can obtain the insurer listed at the time of the collision.
- Contact the Insurer of the Client.
If you carry collision or uninsured motorist coverage, notify your insurance company. They may pursue subrogation and can use their investigatory resources to identify the at-fault driver’s insurer.
- Use an Insurance Verification Service.
Licensed investigations firms or online services can access insurance databases to match a vehicle’s VIN or license plate number with active policies. This service often returns the precise insurer and policy period.
- Consult the New Mexico Office of Superintendent of Insurance (OSI).
If you suspect the at-fault driver was uninsured or underinsured, you can contact OSI for guidance on verifying whether an insurer was licensed and handling the individual’s policy at the time.
- Pursue Discovery in a Lawsuit.
If you file a personal injury or property damage lawsuit, formal discovery (written interrogatories, document requests, depositions) will force disclosure of the at-fault driver’s insurer.
Helpful Hints
- Review all sections of the crash report; insurance data often appears under driver information.
- Gather the at-fault driver’s full name, address, vehicle make, model and license plate before contacting agencies.
- Keep copies of all correspondence and request receipts to track deadlines under New Mexico’s Inspection of Public Records Act.
- Be prepared to pay nominal fees for records requests to law enforcement and the MVD.
- If you hit an uninsured driver, consider filing under your uninsured motorist coverage promptly to preserve rights.
- Use certified mail or online portals when submitting formal requests to create verifiable records of your inquiries.