Albuquerque Uninsured Motorist Lawyer

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Albuquerque Uninsured Motorist Attorney

Albuquerque Uninsured Motorist Lawyer

Your Allies in the Complex World of Insurance

Insurance law is incredibly complicated. What’s more, insurance companies have a reputation for taking advantage of policyholders through unfair contracts or for refusing to honor their policies. If you have been involved in an accident in your vehicle, you may need the help of an Albuquerque uninsured motorist lawyer.

At Berenson & Associates, PC, we know because we have seen it firsthand. Fortunately, our attorneys are committed to helping people throughout Albuquerque who suffered a motorcycle accident or injury and need help with insurance contract issues.

How Can We Help You?

Whether you are grappling with a coverage dispute, filing a claim involving an uninsured or underinsured motorist (UM/UIM), or seeking counsel to advise you of your rights, we can assist you. Clients frequently come to us for help with issues such as:

  • Medical payments coverage: The part of a car insurance policy that covers hospital bills and other costs affiliated with an accidental injury.
  • Offsets: The right of your insurance company to reduce the amount it pays you if you receive compensation from another party.
  • Stacked insurance: Combining the coverage limits on multiple vehicles to increase your protection if you have a crash with an uninsured or underinsured driver.

In addition to advocating for you during the contract formation process, we can help you facilitate a successful claim or explore your options for optimizing your insurance coverage in Albuquerque, NM. We will explain the law in plain English or Spanish. You will leave understanding your rights and knowing what to expect as we help you navigate the world of insurance contracts.

The Importance of UM/UIM Coverage

New Mexico law requires motorists to keep a minimum of $25,000 in coverage for bodily injury or death. Although New Mexico requires motorists to purchase auto insurance, a stunning number of them do not. It is critical to have UM/UIM coverage from your own insurance provider.

You might even have purchased it without realizing it. Uninsured motorist insurance is opt-out, meaning you must sign a document to decline coverage. Before you step down your bodily injury or UM/UIM coverage, speak with one of our lawyers about how the difference in coverage may affect you.

What to Do If You Are in an Accident with an Uninsured/Underinsured Motorist

When you are in an accident with an uninsured or underinsured motorist, there are several things that you should do to preserve your life and your case:

Notify Emergency Services

If you are in any kind of car accident, it’s always a good idea to notify emergency services. It’s important to get any medical attention that’s needed. The police will also do an initial investigation and put together their report.

Report the Accident to Your Insurance Company

You will then need to report the accident to your insurance company, which will likely have a UM/UIM form that you will need to fill out. It’s important that you choose your words carefully when communicating with them. If you say anything that sounds like accepting blame, they may try to use that against you, which could lead to an increase in your rates.

Document Everything

At the scene of the accident, it’s a good idea to take any pictures of the accident that you can. Pictures of the vehicles, injuries, skid marks, and anything else relevant to the accident can be helpful in proving your case later.

As the process moves forward, it’s critical that you document everything related to your injury. It’s important to keep any diagnoses that a doctor gives you to show what injuries the accident caused. Keep all medical bills for eventual reimbursement.

The cost to repair or possibly replace your vehicle is also something you will need proof of, so keeping those bills is important as well. With documentation, it’s better to keep more than you think you need. Your lawyer can always sort through what you have and find the evidence that is going to help make your case.

Contact an Attorney

It’s a good idea to contact a law firm that understands the complexity of handling UM/UIM claims, like Berenson & Associates, PC, as soon as you can after the accident. We can help you understand the next steps in the process as well as make sure that your insurance company doesn’t take advantage of you.

If you need to go through arbitration or even litigation to seek what you deserve, we can represent you and put forth a strong case on your behalf.

Winning a UM/UIM Claim

Many people might wonder why it would be necessary to file a claim against your insurance company. It’s important to remember that these are often for-profit companies that don’t want to pay out any more money than they absolutely have to.

Additionally, insurance fraud does happen from time to time, and the insurance companies may suspect that as a possibility in a UM/UIM claim. However, by working with a skilled lawyer, you may be able to reach a settlement and avoid going through any kind of litigation.

Sometimes, though, it becomes necessary to take a claim to court to get the compensation that you’re owed. If that’s the case, your lawyer may need to demonstrate that the other driver was at fault for the accident, similar to how fault would need to be demonstrated in a personal injury case. They may also need to defend against arguments that you are at fault for the accident.

If they have successfully demonstrated that the other driver is at fault, they will need to show that the other driver does not have insurance or enough insurance to cover the costs you incurred from the accident. This will also mean showing the various costs that you have incurred as a result of the accident and demonstrating that they directly result from the accident.

How a Lawyer Can Help With a UM/UIM Claim

Working with an experienced lawyer who understands the nuance of insurance policies and the law related to automobile insurance can be helpful in making sure that you get the costs of your accident covered. We can help you understand how your policy specifically addresses your situation and how a technique like “stacking” can help see that more of your costs are covered.


In particular, working with a lawyer can be helpful when dealing with insurance companies. Your lawyer can represent you in negotiating with the company for a settlement to see that everything you need is covered. Having a lawyer represent you also carries the implicit threat of possible legal action to see that you get everything that you’re owed.


If it becomes clear that litigation is necessary, working with a lawyer can be a tremendous asset to your case. We understand how to investigate a car accident and make the case for liability on the part of the other driver.

In the process of investigating, we can also consider how the insurance company may attempt to argue fault on your part. We can then look for evidence that could defend against that kind of argument.


If the case does need to go to litigation, we are able to represent you and make your case before the court. We can demonstrate how the other party is liable for the accident and the injuries that you have suffered.

We can offer a formidable defense against accusations of your liability. Additionally, our team can be prepared to explain why your policy should cover the costs and how those costs are a product of the accident.

What to Look for in a Lawyer for Your UM/UIM Claim

Insurance policies and insurance law are unique parts of the law, and it’s critical that you work with a lawyer who has a firm understanding of this aspect of the law, since it can be unfamiliar. Some of the things to look for in a lawyer to help with this kind of claim include:

  • Knowledgeable – You will want a lawyer who has some level of familiarity with insurance. It’s important they understand how the court will interpret the policies and apply them to your case.
  • Experienced – There’s no greater teacher than experience, so it can be beneficial to work with a lawyer who’s handled these kinds of issues before. This is especially true the more unique the case is, as UM/UIM claims can be.
  • Attention to Detail – To prove your case and get the insurance elements of it correct often requires a level of attention to the details involved.
  • Trustworthy – You want to make sure that you work with a lawyer whom you are comfortable with and trust.

Talk to an Albuquerque Uninsured Motorist Lawyer Today

Allow Berenson & Associates, PC, to take on your insurance company with you. To schedule an initial consultation with a lawyer, please call us at 505-243-4400 or send us an email.


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