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Apr 15, 2026
In every state, drivers are required to carry car insurance. However, it is a fact that not everyone complies, and there are plenty of uninsured or underinsured drivers on the road. Some states, such as New Mexico, require uninsured or underinsured motorist coverage to be offered as an addition to auto policies. If you are a New Mexico resident, you may be wondering, “What happens if you are hit by an uninsured driver in New Mexico?”
Berenson & Associates, PC, can represent you if your case involves uninsured and underinsured drivers.
Prevalence of Uninsured or Underinsured Drivers
Although drivers are required by law to carry adequate insurance, liability coverage at the very least, some drivers do not comply with this requirement, leaving themselves and others open to risk. The most recent complete data set concerning uninsured motorists in the United States is from 2019, at which point 12.6% of drivers were uninsured.
There are uninsured drivers in every state, but New Mexico has a particularly high number. An estimated 21.8% of drivers in our state are without auto insurance. This is despite the potential legal consequences for driving without the minimum required coverage. Fortunately for those who find themselves involved in accidents with uninsured or underinsured motorists, New Mexico also requires that auto insurance companies offer uninsured motorist coverage.
What Does Uninsured Motorist Insurance Cover?
Uninsured motorist coverage is meant to cover losses, whether damage to your vehicle or bodily injuries, that occur because of a collision with a driver who does not have insurance. The limits of the coverage are usually equal to the limits of your liability coverage, both for property damage and injury. Although you have the legal option to decline this coverage when your auto insurer offers it to you, it is certainly wise to opt in.
Uninsured motorist insurance can help you in a variety of unexpected situations, including the following:
- A collision with an uninsured driver
- A collision with an underinsured driver, for which your uninsured motorist policy can kick in after the limits of the other driver’s liability coverage have been exhausted
- A hit-and-run collision, after which the unknown driver can be assumed to be uninsured
What to Do If You Are Hit by an Uninsured Driver in New Mexico
If you are hit by an uninsured driver in New Mexico or involved in a hit-and-run, the following are some steps you can take immediately after the accident to protect yourself and begin the process of recovery:
- Seek medical attention: The most important action to take in the aftermath of any car accident is to seek any medical attention you may need. Injuries associated with car wrecks are not always immediately obvious, so if the impact was significant, being evaluated by a medical professional is essential.
- Call the police: If a bystander has not already done so, you should call the police to report the accident. It is likely that you will need a police report to support the information you provide in your insurance claim.
- Get witness contacts: If there are any witnesses nearby who saw the accident happen, it is prudent to get their names and contact information in case you need statements from them later.
Why You Should Hire a Car Accident Lawyer
You may have been involved in an accident with a driver who is uninsured or underinsured. Perhaps you were hit by one who is assumed to be uninsured because they fled the scene. In either case, the state’s uninsured driver accident laws empower you to make a claim with your own insurance company, using your uninsured or underinsured motorist insurance. However, it is a good idea to hire a car accident lawyer before you do so. Your attorney can help you file the claim, communicating with the insurance company on your behalf.
It sometimes happens that insurance companies, even for their own customers, try to avoid paying claims by outright denying them, offering inadequate settlements, or delaying processing them. When this happens, you may need a New Mexico car accident attorney to push back and try to negotiate for you. If you cannot reach an agreement with your insurance company, you may need to resolve the claim through a legal process called arbitration. If that happens, your personal injury lawyer can represent you throughout your car accident case.
FAQs
What Happens If the Other Driver Has Insurance, But It Does Not Cover My Losses?
If you are involved in a collision with a driver who has car insurance, but they do not have enough liability coverage to take care of your losses, you can still file a claim against your uninsured motorist policy to make up the difference. If, for example, your medical expenses total $75,000, but the other driver’s insurance covers up to $40,000, your insurance can be used to make up the other $35,000.
What Medical Expenses Can Be Included in an Uninsured Motorist Settlement?
Any medical expenses associated with the accident can be covered under an uninsured motorist policy. This includes immediate, emergency care, such as ambulance rides, surgery, and a hospital stay, as well as long-term or ongoing care, like physical therapy or rehabilitation. It is important to keep accurate records of your medical expenses.
Will My Premium Go Up If I File a Claim Against My Uninsured Motorist Policy?
It is possible that your premium will increase after you file a claim against your uninsured motorist policy. Insurance companies are not legally barred from raising rates, so they sometimes decide to do so. However, if the accident in question was not your fault, it is likely that your premium will not increase significantly.
Is New Mexico an At-Fault State for Car Insurance Purposes?
Yes, New Mexico operates under an at-fault system for auto insurance claims. This means that the party who is deemed liable for an accident is ultimately responsible for any damages arising from it. Most of the time, insurance companies will not make any payment toward a claim until fault is officially determined.
Contact Berenson & Associates, PC
If you need help with an uninsured motorist claim, reach out to Berenson & Associates, PC. We are conveniently located at 415 6th Street Northwest in Albuquerque. Stop in or fill out our online contact form; we look forward to discussing your case.
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