In New Mexico, many drivers are on the road with little or no insurance. When one of these drivers causes a crash, the injured person may need to turn to their own policy for support. That’s where our uninsured motorist accident lawyers can help.
At Parnall Law, we assist people in Albuquerque who are hurt by uninsured or underinsured drivers. We guide clients through the process of using their own uninsured/underinsured motorist (UM/UIM) coverage to recover damages. Our team communicates with your insurance company, handles the paperwork, and helps you move forward with confidence.
Uninsured motorist (UM) and underinsured motorist (UIM) coverage protect you when the at-fault driver has no insurance or insufficient coverage to cover your losses. In New Mexico, insurance companies must offer this type of coverage as part of every auto policy, though drivers can reject it in writing.
UM/UIM coverage helps pay for:
These policies often come into play after a hit-and-run or when the at-fault driver’s liability limits are too low. For example, if the driver has only the minimum required coverage, and your injuries result in higher costs, your UIM policy can cover the gap.
According to the New Mexico Motor Vehicle Division, drivers must carry liability insurance, but uninsured drivers are still common across the state.
In New Mexico, all drivers must carry minimum insurance coverage. The state requires:
But many serious crashes lead to much higher costs. Some drivers have no insurance at all. According to the Insurance Research Council, New Mexico has one of the country’s highest rates of uninsured drivers. The state helps protect you by requiring insurers to offer UM/UIM coverage, which pays for damages when the at-fault driver cannot.
Many people don’t realize they have this coverage—it can only be waived in writing. That means you may be covered and not even know it.
After an accident with an uninsured driver, take steps to protect your rights and strengthen your injury claim. These cases can be stressful, but prompt action helps your attorney gather evidence and deal with your insurer.
Take the following steps immediately:
The New Mexico Tort Claims Act (N.M. Stat. Ann. § 41-4-1) outlines when and how compensation may apply if a government vehicle is involved or if the claim involves public employees.
Victims of accidents with uninsured drivers may be entitled to compensation through their own UM/UIM policy. Depending on the severity of your injuries and losses, compensation may include:
Your lawyer will review your insurance policy to determine the UM/UIM limits and how much you can recover. Keep in mind, some insurers delay or deny valid claims—legal representation helps ensure you aren’t taken advantage of.
The New Mexico Motor Vehicle Division states that UM/UIM coverage must match your liability limits unless specifically reduced or waived in writing.
When a crash is caused by a careless driver, New Mexico law allows the injured person to file a negligence claim. This type of lawsuit asks the at-fault driver to pay for the harm they caused. To succeed, you’ll need to prove the other driver acted irresponsibly—like speeding, running a red light, or not paying attention—and that their actions directly led to your injuries.
But sometimes, the person who caused the accident doesn’t have enough money or assets to cover what you’ve lost. In those cases, your own uninsured or underinsured motorist (UM/UIM) coverage can step in to help. Even though you’ll be working with your own insurance company, they may still push back or try to settle for less than you deserve.
Our attorneys can help you pursue reimbursement from your insurance provider. We’ll help you show who was at fault, gather the right evidence, and handle the insurance process so you can focus on healing.
It’s also important to act quickly. Under New Mexico’s statutes of limitations, you usually have three years to take legal action from the accident date. Waiting too long could mean giving up your right to recover anything.
We’ll fight for the compensation you deserve
Hiring an uninsured motorist accident lawyer can significantly affect how your case is handled and how much compensation you recover. These claims often involve complex insurance policies, delays, or disputes with your provider.
Here’s how an attorney helps:
Even though you’re dealing with your insurance, adjusters may try to minimize payouts. A lawyer can level the playing field and protect your rights from day one.
The New Mexico Tort Claims Act is just one example of how legal frameworks affect recovery depending on who is involved in the crash.
The experienced auto accident attorneys at Parnall Law Firm are prepared to help you seek compensation for your harm. If you were involved in a crash with an uninsured or under-insured motorist, our Albuquerque lawyers can provide the knowledgeable, steadfast representation you need to assert the right to damages. We can review your insurance policy and discuss your possible avenues of compensation, including uninsured/under-insured motorist coverage.
Call us at (505) 268-6500 or schedule an initial consultation at no cost through our online form.
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
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