Albuquerque Uninsured/Underinsured Motorist Attorney

If an uninsured or underinsured driver hits you, the claims process can be difficult. New Mexico is a fault-based state, meaning you would typically seek damage recovery through the at-fault driver’s insurer. When the at-fault driver doesn’t have insurance – or enough to cover your damages – you may not know where to turn for compensation.

The Albuquerque uninsured/underinsured motorist attorneys from the Fine Law Firm will help you obtain compensation through a claim with your own insurance company or another means, such as a personal injury case against a third party. Our lawyers can explore your available outlets of recovery and fight for compensation on your behalf.

Why Choose Us?

The personal injury lawyers at Fine Law Firm have practiced law in New Mexico since 1975. We have built a positive reputation in the state thanks to our commitment to personalized client care, a proven track record of success, and respect from the legal community. People choose us for uninsured/underinsured motorist claims for many reasons.

• Our 100-plus years of combined experience representing car accident victims.
• Our past successes and recognition from several notable law organizations.
• Our unmatched level of legal representation in the state of New Mexico.
• Our close relationships with our clients (and candid advice we give them).
• Our ability to go up against major insurance corporations during trials.

We have experience handling these unique types of claims in New Mexico. We take cases on a contingency-fee basis, meaning we only charge our fees if we win.

Why Do You Need a Lawyer?

Uninsured/underinsured motorist claims are difficult to negotiate on your own. You will need to seek full or at least partial benefits from your own insurance company to make up for the coverage the at-fault driver negligently failed to carry. You need a lawyer to negotiate with the insurance company on your behalf, increasing your chances of securing fair compensation. Hiring a uninsured/underinsured motorist lawyer can make your case much easier to litigate.

An attorney can investigate your car accident to identify all liable parties, which may extend beyond the uninsured driver for other sources of compensation. Your attorney can return to the scene of the accident, interview witnesses and hire experts to determine fault. Then, your lawyer can collect evidence to support your claim. An attorney can take over settlement negotiations or bring your case to trial in Albuquerque, if necessary, to pursue positive case results.

Do You Have Uninsured/Underinsured Motorist Coverage?

The first question you must ask your car insurance provider after an accident with an uninsured or underinsured driver is whether you have the right type of car insurance to cover your losses. Namely, uninsured motorist insurance (UM) and underinsured motorist insurance (UIM). These are types of first-party coverage that can pay for a policyholder’s own injuries and property damage after an accident.

Contact your car insurance company as soon as possible after the crash to ask if you have this insurance, or read the language of your policy to determine your coverage amounts. While this is an optional type of car insurance under New Mexico law, you generally have to reject it in writing. If you do not remember doing this, you likely have at least $25,000 in UM/UIM coverage on your car insurance policy.

UM/UIM car insurance can cover your losses after a hit-and-run accident in Albuquerque, as well. Your car insurance company will process the claim as if the at-fault driver stayed at the scene but did not have adequate insurance to cover your losses. You may also have other types of first-party insurance available to pay for an uninsured or underinsured driver accident, such as collision or comprehensive insurance.

New Mexico Insurance Laws

After a collision with one of these drivers, you may not have the ability to recover 100% of your collision-related costs through a settlement with the at-fault driver’s insurer. Instead, you may have to turn to your own company for coverage.

Your own insurance company will cover your damages in these situations only if you have uninsured/underinsured motorist (UM/UIM) insurance. This is an optional type of coverage in New Mexico. If you have this coverage, your agent will be able to tell you your benefit amount. If you don’t have this coverage, you could be facing the choice between paying your bills out of pocket or filing a personal injury claim.

What Are the Minimum Liability Insurance Requirements for New Mexico Drivers?

Like most states, New Mexico requires all motor vehicle drivers to maintain certain amounts of automobile insurance. The failure to do so is a violation of the law that can result in a fine given to the driver as well as the suspension of his or her license until proof of financial responsibility can be shown. All drivers must provide proof of insurance when asked by the police during traffic stops.

The amounts of car insurance that are required in New Mexico are:

• $25,000 per person for bodily injury or death
• $50,000 per accident for bodily injury or death
• $10,000 per accident for property damage

Bodily injury liability insurance can pay for a victim’s past and future medical bills after a car accident, while property damage insurance pays for vehicle repairs or the pre-crash value of a totaled car. All other types of automobile insurance, including uninsured and underinsured motorist insurance, are optional types of coverage in New Mexico that can financially protect a driver but are not required.

What to Do After an Uninsured Motorist Accident

After an accident with an uninsured motorist, call an attorney. A lawyer can contact your insurance company right away to begin settlement negotiations. An Albuquerque car accident lawyer can also investigate your crash for signs of third-party negligence or fault, such as a broken traffic light or defective vehicle part that could have contributed to the wreck.

If your attorney finds evidence of someone else’s negligence, you may be able to recover compensation through a personal injury claim against that party instead of the driver. A claim against the driver typically won’t yield positive results, as someone without insurance often does not have the means to pay a settlement.

Who May Be Proven Liable in an Albuquerque Uninsured/Underinsured Accident?

It is important to explore all of your legal options, not just a standard insurance claim, after a car accident involving an uninsured or underinsured motorist in Albuquerque. This includes filing a lawsuit against the at-fault driver or a third party. An attorney can investigate to determine if a lawsuit against the uninsured driver is worthwhile, as it is unlikely that a driver operating without insurance has the assets to pay for a judgment award.

However, other potentially liable parties could include:

• The owner of the vehicle: if the driver is not the person who owns the car, the owner may be held responsible for permitting the driver to use his or her vehicle.

• An employer: if the at-fault driver was working at the time of the crash, his or her employer can be held vicariously liable for the driver’s negligence.

• The government: a state or local government agency may be held liable for automobile accidents that are caused by public road defects or hazards, such as potholes.

• An automaker: manufacturing companies can be held accountable for car accidents caused by defective or dangerous auto parts, such as bad brakes or a tire blowout.

• A dram shop: if the uninsured/underinsured driver was intoxicated at the time of the crash, the dram shop or alcohol vendor could share liability for the wreck in certain circumstances.

As the injured accident victim, you bear the burden of proof during an insurance claim or lawsuit. This means that you or your lawyer must establish liability as more likely to be true than not true. Your lawyer can help you meet your burden of proof by searching for evidence of fault against one or more parties, such as cell phone records, eyewitness statements and accident reconstruction diagrams.

What Happens When an At-Fault Driver Does Not Have Minimum Liability Insurances?

If the police arrive at the scene of a car accident in Albuquerque and discover that the driver at fault for the crash does not have the minimum insurance amounts required by law in New Mexico, he or she could face legal consequences. This can include fines, license suspension and vehicle impoundment. The police accident report will make note of the at-fault driver’s lack of car insurance coverage.

The injured accident victim may proceed to file a claim with the at-fault driver’s insurer if he or she has any available automobile insurance. If the driver does not have enough insurance to cover the losses suffered, the victim can supplement the coverage with a first-party claim if he or she has the right type of insurance. Then, the victim may be able to seek additional legal recourse through a civil claim or lawsuit.

What Damages Can I Recover?

The damages, or financial compensation, available in a case involving an uninsured or underinsured motorist will depend on the circumstances, including the types of coverage that are discovered during an investigation. Car accident victims in New Mexico can be eligible for various types of economic and noneconomic damages.

If your lawsuit is a success, you could receive payment for losses such as:

• Medical bills, including surgeries, medications, medical devices and ongoing care
• Disability costs and accommodations related to a long-term or permanent injury
• Property damages, including payment for vehicle repairs or replacement
• Pain and suffering, chronic pain, emotional distress, or psychological suffering
• Lost wages, including any lost future capacity to earn

The precise amount you receive will depend on the severity of your injuries and the negligence of the at-fault party. It is important not to rush into a fast settlement with an insurance company without consulting with an attorney. An attorney can give you an accurate case evaluation that does not undervalue your losses.

Contact Us Today

For more information about your specific uninsured/underinsured motorist accident in Albuquerque, contact The Fine Law Firm. First consultations with our attorneys are always free. Call (505) 889-FINE today.