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Almost every state has a minimum insurance coverage requirement for drivers. However, despite it being against the law to drive without insurance, some drivers take the risk and don’t purchase driver’s insurance.
Since the driver’s insurance is meant to cover any damages from an accident, not having any insurance complicates the process of filing a claim.
If you’re dealing with insurance companies and policies after a car accident, we’re here to help. At Shapiro Law Team, we have plenty of experience handling cases that involve an uninsured or underinsured driver.
We’ll go over the basic insurance requirements in New Mexico, what to do if you’re in a car accident with an uninsured driver, and how insurance goes about covering the damages.
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New Mexico is an at-fault state, meaning that every driver on the road is legally required to have minimum insurance coverage in the event of an accident.
Drivers have a financial responsibility to others on the road if a car accident happens, and insurance is part of that responsibility.
The minimum insurance requirements for New Mexico residents include:
If a driver chooses to get on the road without insurance coverage, they could face serious repercussions. They can lose their license and accrue hefty legal fees.
If you get in a car accident with someone who doesn’t have insurance, you won’t be able to earn any compensation from them. Luckily, you have a couple of options to help with the medical bills and other damages.
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In the event of a serious car accident, these minimum insurance policies may not be enough to cover all of the damages.
For this reason, New Mexico drivers have the option to invest in underinsured motorist coverage, where your insurance will cover the difference if the at-fault driver’s policy isn’t enough.
This additional coverage doesn’t just cover medical bills—it can also take care of pain and suffering damages, lost wages, and other damages.
If you agree to this additional coverage on your personal insurance plan, it can give you peace of mind that you won’t be left with the bills in the event of a serious accident.
Getting into any sort of car accident can be anxiety-inducing and stressful. While your first response may be to panic, we encourage you to take a deep breath first. Panicking or getting angry isn’t going to solve anything, and it can potentially harm your compensation payout.
Knowing what to do beforehand can also help you better prepare in case you find yourself in this situation. Here are some basic steps to follow to keep yourself safe and protect your rights in the event of a car accident involving an uninsured driver:
Above all else, you need to prioritize your health and safety. Take a deep breath, collect yourself, and then get to work.
If it’s safe to do so, move your car to the shoulder of the road or a nearby parking lot to get out of the way of traffic. Once you’re in a safe area, check yourself over for any serious injuries.
Now that you’ve ensured your safety, pick up the phone and dial 911. They can get you in touch with local authorities and send them to your current location. They will also send emergency medical personnel in the event of a serious accident.
When the police arrive, be sure to cooperate with them and file a formal police report. This document is a crucial piece of evidence that your legal team will use to build your case and earn you the proper compensation.
Exchange contact information and insurance information with the other drivers involved in the accident. This way, you have a way to contact them and file a proper claim against them for the damages.
While you’re at the scene of the incident, take the time to gather as much evidence as you can. This can include witness statements, pictures of your car, or any surveillance footage from nearby cameras or dashcam.
All of this information will help build a strong argument for your claim and ensure you get the maximum compensation available.
Regardless of the severity of the accident, immediate medical attention keeps you safe and healthy. Whether it’s minor bruising or a sore shoulder, some injuries don’t appear right after an accident and can lead to serious complications without treatment.
A medical provider can give you a clean bill of health and make sure your injuries are properly diagnosed and treated.
Not only does this protect your health, but the medical records from the doctor’s appointments are additional pieces of evidence that prove the injuries came from the accident. You now have a paper trail that shows how serious your injuries were.
Whether the other driver is insured or not, you need to let your provider know about the accident. Give them as much detail about the incident as possible, as well as a copy of the police report number.
This way, they have enough information to walk you through the next steps, including what your insurance will cover and your compensation options.
Once you’ve been seen by a medical professional and built a solid stack of evidence, the next step is to get in touch with a car accident attorney in New Mexico.
You want to look for a legal team that has extensive experience handling cases involving uninsured drivers and has a positive track record of earning their clients adequate compensation.
Shapiro Law Team will fight for your rights and make sure you’re not left with the bills after a car accident. We’ll make sure the right people are held accountable for their actions and you get the compensation you deserve.
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After a car accident, the bills can start to pile up. Compensation is meant to cover these expenses so you don’t have to worry about the financial burden, and it’s often split into various categories of damages.
If you’re dealing with a driver in a car accident without insurance and you’re not at fault, there are a handful of possible damages you can earn compensation for:
You have the option to sue the uninsured driver for the damages from the accident, but first, consider the possible outcomes. Even if you get a fair judgment in court for the other party to pay you the damages, they may not have the assets to do so. There’s a chance you still won’t get any financial compensation because they simply don’t have the money to pay.
Once your insurance company pays out your uninsured motorist claim, they could in theory turn around and demand compensation for that payout from the uninsured driver. However, many companies won’t put in the time or money to do so for the same reason mentioned above. There’s always a chance the driver doesn’t have the funds to pay, so a lawsuit would be a fruitless endeavor.
If the driver isn’t insured but the car they’re driving is, then the vehicle’s policy will extend to the accident and cover the damages. The only exception to this rule is if the driver doesn’t have explicit permission to be driving the car.
Getting into a car accident is frustrating enough, let alone when you find out the other driver doesn’t have insurance. Keeping calm and finding the right legal team can make sure you’re not left to shoulder the expenses after the accident.
If you’re dealing with the headache of an uninsured driver, Shapiro Law Team is here to help. Whether you have uninsured motorist coverage or underinsured motorist coverage, you have options to alleviate the financial burden.
Our team of experienced and licensed attorneys knows the New Mexico legal system inside and out, and we’ll make sure you get the compensation you deserve regardless of insurance status.
We’re proud to take on cases across the state, including areas such as Las Cruces and Rio Rancho. You don’t pay us unless we win your case, so get in touch with us today to schedule your free consultation.