Car Collision Injury in New Mexico: Am I Covered? What do I do?
Disclaimer: This Article Does Not Constitute the Formation of an Attorney Client Relationship, nor is it Official Legal Advice for your Case. Each Personal Injury Claim is Unique. For a Free Consultation with an Experienced Local New Mexico Attorney Regarding your Collision and Injuries Call Woodward Law Firm Directly at: (505) 523-3476 Today!
Step One: Seek Treatment
If you’ve been in a car collision in New Mexico and you are injured, the most important thing to do first is to seek treatment at Urgent Care, the Emergency Room, or with your Primary Care Physician as soon as possible.
Once discharged from your medical treatment, please closely follow through on completing all of your Medical Doctor’s recommendations. This accomplishes two things for you:
Following the recommendations of a certified health care professional will most likely help you heal and recover much faster from your injuries.
Promptly taking action to get medical care helps you preserve the best Personal Injury claim possible for your case. Getting the medical treatment you need will help your case.
Step Two: Determine Coverage
The next thing to determine is if you are covered by either your insurance policy or by the person who hit you. This is usually when speaking with an experienced Attorney can benefit you.
New Mexico is a comparative fault jurisdiction—that means, if the other driver is clearly at fault for the collision, you can likely obtain a “recovery of damages” from their insurance company and/or from your own if you carry Uninsured/Underinsured Motorist Coverage.
Do you have Uninsured (UM) or Underinsured (UIM) Motorist Coverage? Check your car insurance policy to find out.
Note: Depending on your policy, UM and UIM may be separate or combined.
What is Uninsured/Underinsured Motorist Coverage?
Uninsured Motorist Coverage Personal Injury (UM):
UM pays for medical expenses if you or your passengers are injured in an auto accident caused by:
A driver who doesn’t have any liability car insurance.
A hit-and-run driver.
A driver whose insurance company denies coverage or goes out of business.
UM does not pay anything to the uninsured driver; it pays you.
Underinsured Motorist Coverage Personal Injury (UIM):
UIM is separate coverage but is sometimes packaged with UM.
It pays for medical bills and other expenses for you and your passengers if you’re in a car accident caused by a driver who doesn’t have enough liability insurance to cover your medical bills.
Essentially, UIM kicks in when the at-fault driver has some insurance but not enough to cover all costs
Uninsured/Underinsured Motorist Coverage Personal Injury is for accidents when the other driver is at fault and does not have insurance or does not have enough insurance. UM & UIM coverage is optional. It’s usually a nominal cost beyond Comprehensive and Collision Coverage.
Why is UM/UIM so important in New Mexico?
Uninsured/Underinsured Motorist Coverage for Personal Injury is a crucial coverage for all New Mexico drivers, because many of New Mexico’s motorists do not carry any car insurance whatsoever...
With this coverage, if you’re hit by an Uninsured Motorist, you can recover funds from your own insurance company up to the total amount of Uninsured Motorist Coverage (UM) you purchased. Again, very useful in New Mexico where many drivers don’t have insurance at all.
Underinsured Motorist Coverage (UIM) serves a similar yet distinctly different purpose compared to Uninsured Motorist Coverage (UM). If you’re hit and severely injured, and the “at-fault” party only carries a minimum policy (New Mexico only requires Personal Injury Coverage of $25,000.00) this likely will not be enough to cover the costs of making you healthy and whole again. If you purchased more than the minimum $25,000.00 in Underinsured Motorist Coverage (UIM), your insurance company may compensate you up to the difference.
For example, let’s say you purchase Underinsured Motorist Coverage (UIM) with policy limits of $100,000.00 per person, and you suffer broken bones and must go to the hospital for a couple of days. Your damages clearly exceed New Mexico’s state minimum policy of $25,000.00… If the person that hit you carries that $25,000.00 minimum coverage, your Underinsured Motorist Coverage (UIM) could pay the difference, meaning your insurer could pay you up to $75,000.00 for the remaining Personal Injury claims you have.
Need help?
Car accidents are often confusing and overwhelming. Please reach out if you have any questions about your situation. Call Woodward Law at (505) 523-3476. Se habla español.
