What Happens If the Person at Fault in an Accident Has No Insurance in New Mexico?

According to Section 41-3A-1 of the New Mexico Statutes, the more conventional "fault-based" tort system is still in place in New Mexico. This implies that every driver responsible for a New Mexico traffic violation or infraction is accountable for their errors. The person who caused the collision (as well as their insurance provider) may be liable for covering all costs, including medical bills. If an at-fault driver is uninsured, they are still liable to cover the injuries and vehicle damage that result from the accident. Uninsured persons can be sued and have civil fines imposed on them if they are at fault in an accident.

Is It Illegal To Drive Without Insurance In New Mexico?

Yes, as per the New Mexico Financial Responsibility Act (concerning motor vehicles), one must have liability insurance coverage to drive a car in New Mexico. Car owners must maintain the minimum insurance amounts and carry proof of insurance when driving. People must provide proof of insurance during registration, during traffic stops, and following an accident; if they do not, they risk fines and suspension. Driving without insurance in New Mexico is a misdemeanor that carries a $300 fine, a registration suspension, 90 days in jail, or a combination of jail time and fine punishment.

What Is the Minimum Insurance Requirement in New Mexico?

Drivers in New Mexico must have at least liability auto insurance to operate their vehicles. The following are the minimum amounts of auto liability insurance that New Mexico requires:

• $25,000 for one person's bodily harm or death,
• $50,000 for two or more people's bodily harm or deaths
• $10,000 for property damage in a single accident.

What To Do After A Car Accident With an Uninsured Driver in New Mexico

Anyone involved in an accident with an uninsured or underinsured driver can take the following actions to protect themselves and start the claims procedure.

Contact the police: Persons involved in a car accident with an uninsured driver must first contact the police to report the incident. This is especially important if there are casualties or injuries involved. The police will subsequently file a police report and accident report, which is crucial when submitting a claim to the court or an insurance company.

Document the Accident Scene: The accident victims must collect as much evidence as possible. They should take pictures or videos of the situation, any visible injuries, and the damage to the vehicle.

Speak with the insurance provider: Individuals must quickly notify their insurance provider of the collision. If they are covered by an uninsured motorist plan (UIM), they can begin submitting a claim to their insurer.

Take Legal Action If Required: A personal injury and accident lawyer will pursue a lawsuit. In cases where the policy won't cover all losses or where the at-fault motorist is challenging to locate and track down

What Happens If You Have No Insurance But The Other Driver Was At Fault?

The at-fault driver's insurance company is required to compensate for any damage, regardless of the other party's insurance status. However, even when the uninsured second party is innocent of causing the accident, they can receive a citation, have their registration suspended, or have their vehicle impounded.

Can I Sue an Uninsured Driver in New Mexico?

Yes, a person can sue an uninsured driver to recover from financial losses and personal injuries sustained in the accident. The individual can also recover the legal costs incurred in the lawsuit if they fall within the criteria set out by state law. As per the New Mexico civil statutes, an individual can file an Auto accident lawsuit or personal injury suit to obtain claims from an uninsured driver.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in New Mexico?

Insurance firms in New Mexico are required to provide their customers with uninsured/underinsured motorist insurance, or "UM/UIM" coverage. When someone else is at fault and, for whatever reason, does not have adequate liability insurance, this insurance takes effect and will pay for the losses. People may qualify for collision coverage and medical payments (medpay) depending on their current insurance policy. These extra payments cover related costs associated with vehicular accidents.

What Is Uninsured Motorist Coverage in New Mexico?

In New Mexico, uninsured motorist (UM) coverage is an optional auto insurance coverage intended to shield policyholders when the at-fault party in an accident lacks liability insurance. New Mexico laws and Section 66-5-301 of the New Mexico legislature require Insurance providers to offer vehicle owners the option of UM/UIM (uninsured motorist and underinsured motorist coverage). When the policyholder gets into an accident with someone who isn't covered, uninsured motorist coverage kicks in. It is a supplement to a basic auto policy. It covers property damage and injuries to the policyholder and passengers if the other driver is legally at fault but is not insured.

What If I Don't Have Uninsured Motorist Coverage in New Mexico?

The following are alternative routes to pursuing compensation if an individual does not have uninsured motorist coverage in New Mexico:

Suing the Uninsured Driver: People can sue the uninsured driver to recover damages. This can be difficult, though, because many uninsured drivers do not have the funds to cover the damages imposed by the law.

Filing a compensation claim with the insurance company: Considering the challenges of bringing a lawsuit against an uninsured motorist, it is worthwhile to look into other options for obtaining compensation. One of the most popular options is to use one's own uninsured motorist coverage, which is insurance specifically intended to cover damages brought on by uninsured drivers.

How Do I Get Compensation from an Uninsured Driver in New Mexico?

Individuals in New Mexico can initiate a personal injury(civil) lawsuit for compensation from an uninsured driver. Establishing the accident's facts and demonstrating the uninsured driver's liability depend heavily on documentation. The more proof a person has, the more compelling their case will be in court.

Individuals can visit the closest district court to file a lawsuit. To file a lawsuit, the Plaintiff must complete a civil complaint form at the district court and provide information on the sum of money being sought, together with a synopsis of the Plaintiff's argument. When the Plaintiff has completed the Civil Complaint form, they will take it to the court to have the Complaint filed. Currently, it costs $77.00 to file a civil complaint.

According to the law, the Defendant must be informed that a lawsuit has been brought. The Plaintiff is in charge of ensuring that the Defendant is properly notified. According to Rule 2-104, serving of the Summons, Civil Complaint, and Answer form, the Defendant must then reply to the notice within twenty (20) days of the mailing date plus three (3) days.

How Much Can You Recover From an Uninsured At-Fault Driver in New Mexico?

A person's ability to obtain compensation from an uninsured at-fault driver is frequently limited by the Defendant's available assets, income, and debts. The damages and medical costs resulting from the accident will determine the amount of compensation, provided the uninsured party is financially sufficient.

How To Find Out If the At-Fault Driver Has Insurance in New Mexico

An individual can find out if an at-fault driver has insurance in the following ways:

• Ask the Other Driver at the Scene: Asking the other driver at the scene is frequently the quickest and most accurate approach to determine if they have insurance. Drivers usually share information after an accident, including the names of their insurance providers.
• Contact with New Mexico law enforcement: Drivers must notify the authorities of all accidents resulting in bodily harm, fatalities, or property damage of at least $500. Police show up on the spot as soon as the collision is reported. They will next ask each driver for pertinent information, such as insurance details. Individuals can visit the location of the police that handled the incident and request insurance information
• Visit the Department of Motor Vehicles. (DMV): A person can go to the DMV for a search if they and the other driver did not speak to the authorities or share information at the scene. They will want adequate personal information about the other motorist, such as name, vehicle make, and license plate number, as well as a legitimate purpose to search for the other person's information, such as an accident involving a car, truck, or motorbike.

Are Accidents Public Record in New Mexico?

Yes. Information on any accidents that occur in New Mexico is public records as per the New Mexico Inspection of Public Records Act (IPRA). Accidents in New Mexico are recorded officially as accident reports and traffic reports and are then made available to interested persons who want to access them.

Can You Go to Jail for Causing an Accident Without Insurance in New Mexico?

Yes. As per the New Mexico Mandatory Financial Responsibility Act, driving without insurance is a misdemeanor in New Mexico and can result in a penalty of up to 90 days of jail time or a combination of fines and jail time. Any additional offense, such as irregular license plates and vehicle registration, can lead to a jail term of up to six months.

Can You Settle With an Uninsured Driver Out of Court in New Mexico?

Yes. As per state law, individuals can seek and accept out-of-court settlements from uninsured drivers in New Mexico. Sometimes, out-of-court settlements are a faster way to claim damages, especially when it's not worth going through any legal process. The settlement must be drafted with the help of attorneys and notarized in court to make it legally binding.

Can I Get Compensation If I Was Partially at Fault?

A person at fault may be compensated for their injuries since New Mexico is a pure comparative negligence state. If a jury finds that they were at least partially to blame for the accident, their percentage of fault will be deducted from the amount they can claim. For instance, the other driver is 70% at fault if a jury determines that one person is 30% responsible for the collision. They are entitled to $70,000 in compensation if their overall damages total $100,000.