
If you are involved in a motor vehicle accident with an uninsured or underinsured driver, the claims process can be a challenge. New Mexico is a fault-based state, which means damages would normally be sought through the at-fault driver’s insurer. When the at-fault driver doesn’t have insurance or adequate insurance, a Rio Rancho uninsured motorist lawyer can help outline your options.
A Rio Rancho car accident attorney can help you secure compensation either through a claim with your own insurance company or through a personal injury case against a third party. An experienced Rio Rancho injury attorney can help you navigate the complexities of New Mexico’s fault-based system.
At Berenson & Associates, PC, our team understands uninsured motorist laws and how to pursue compensation for your claim. Negotiating a claim on your own can be extremely difficult. Our team is led by Attorney Rachel Berenson, who has over two decades of experience working on personal injury and uninsured motorist cases in Rio Rancho, NM.
Local law enforcement collects data on insurance information for drivers involved in a collision. The Rio Rancho Police Department is located at 500 Quantum Road, Rio Rancho, NM 87124. New Mexico law requires drivers to maintain uninsured motorist coverage. This type of coverage is designed to protect a driver if they are involved in an accident with an uninsured driver.
New Mexico requires insurance companies to offer policyholders uninsured motorist coverage that is equal to their liability coverage. If the policyholder opts not to take the coverage, they must inform their insurer in writing. The insurance company is responsible for providing information on options and the potential risks of declining coverage. This means that drivers either have uninsured motorist coverage or have made an informed choice to reject it.
New Mexico takes uninsured motorist coverage compliance seriously. Penalties for driving without the required insurance can result in fines ranging from $300 to $1,000. Repeat offenders can face even harsher fines. Drivers who violate the law can face a suspended driver’s license and vehicle registration.
Data from the 2024 Community Report for Sandoval County show there were a total of 2,237 crashes in the county. Estimates suggest that most Americans will be involved in three to four traffic accidents during their lifetime. All drivers should know what to do after an accident.
Check yourself and your passengers for injuries. Call 911 to report the accident and request medical help. Often, adrenaline can mask an individual’s awareness of injuries, and some injuries commonly sustained in a collision may be internal. It is always prudent to be evaluated by a medical professional after a traffic incident. Make sure that any medical assistance you receive is documented.
Put on your hazard lights, and if possible, move your vehicle out of traffic. If it is not possible to move your vehicle, you should move yourself to a safe location. Document the scene. This is an important step to accomplish while the events of the accident are clear in your mind. You may need to provide this information to the police, your insurer, an attorney, or the court. Document the following information:
You should exchange information with the other driver involved. You should gather their name, contact information, vehicle make and model, vehicle identification number (VIN), and the name of their insurer and policy number. If there were bystanders or other witnesses to the incident, you should also collect their names and contact information.
You should avoid discussing the accident. You should not accept fault for the accident or assign blame. The evidence you collect from the scene will help law enforcement and the insurance companies determine who is at fault.
An experienced motorist lawyer can determine if it’s worth bringing a legal claim against an uninsured motorist. Most states require drivers to carry a minimum amount of auto insurance. Data from the Insurance Information Institute estimates that in 2023, 15.4% of drivers nationwide were uninsured and 18.0% were underinsured.
The New Mexico Mandatory Financial Responsibility Act allows drivers without the required insurance to be fined between $300 and $1,000.
New Mexico requires drivers to have certain types and amounts of coverage to drive legally. In New Mexico, a driver must have an auto insurance liability policy that, at a minimum, includes $25,000 for the death or bodily injury of one person; $50,000 for the death or bodily injury of two people; and $10,000 for property damage in one accident.
In New Mexico, uninsured and underinsured motorist coverage allows a driver to file a claim against their own insurance company if they are in a collision with an uninsured or underinsured driver. This type of insurance is typically set at the policy’s liability limit. New Mexico does not require drivers to have uninsured/underinsured motorist coverage, but if coverage is declined, written notice must be provided to the insurer.
If an uninsured driver is hit by an insured driver, the outcome will depend on who is at fault. If the insured driver was at fault, they must compensate the uninsured driver for personal injury claims, including lost wages, medical bills, and property damage. However, an uninsured driver will face fines, registration revocation, and license suspension. Juries may reduce settlement amounts due to non-compliance with state laws.
If you were injured in an accident with an uninsured or underinsured driver, it is critical to secure experienced legal representation to make sure your rights are protected and you get the compensation you deserve. To discuss your uninsured/underinsured motorist accident in Rio Rancho, contact Berenson & Associates, PC.
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