Disclaimer: This is educational content only and does not constitute legal advice.
Detailed Answer
In New Mexico, drivers must carry minimum liability insurance for bodily injury and property damage. If the at-fault driver lacked coverage on the date of loss, you may pursue one or more of the following options:
Uninsured and Underinsured Motorist Coverage
If you purchased uninsured or underinsured motorist coverage (UM/UIM), file a claim with your own insurer. You can recover up to your policy limits for medical bills, lost wages and other damages. New Mexico law requires insurers to offer UM/UIM under certain policies. See NMSA 1978, Section 66-5-301.
Direct Lawsuit Against the Uninsured Driver
You can bring a civil lawsuit against the at-fault driver for full compensation, including medical expenses, pain and suffering and property damage. For claims up to 10000, you may use small claims court. Larger claims go to district court.
Personal Injury Protection or Medical Payments Coverage
While New Mexico follows a fault-based system, you may have optional medical payments or personal injury protection coverage on your own policy. These cover your medical expenses regardless of fault.
Crime Victims Reparation Fund
If the accident was a hit-and-run, you may apply to the New Mexico Crime Victims Reparation Commission for benefits up to 25000 for medical expenses and lost wages. Claims must be filed within one year.
Administrative Penalties for the Uninsured Driver
The state may suspend the uninsured driver’s license and registration for driving without insurance. Under NMSA 1978, Section 66-5-207, driving without insurance is a misdemeanor punishable by fines and license suspension.
Helpful Hints
- Notify your insurer promptly to preserve UM/UIM rights.
- Collect evidence such as photos, police reports and witness statements.
- Track all expenses: medical bills, repair invoices and lost wages.
- Consider small claims court for claims under 10000.
- File with the Crime Victims Reparation Commission within one year if you face a hit-and-run.
- Consult an attorney before settling to assess total damages.