Navigating the muddy waters of auto insurance claims is always complicated, but the process can be particularly arduous if the at-fault driver is uninsured. New Mexico is a “fault” insurance state, which means that the insurance company of the driver who causes a collision is liable for damages that other parties incur. However, if you were injured by an uninsured driver, you and your attorney will have to explore other options for recovering compensation.
In the state of New Mexico, all auto insurance companies must offer uninsured motorist coverage. Unless you signed a written waiver to decline this coverage, you should be able to make a claim against your policy in the event of a collision with an uninsured motorist. If your insurance company said that you waived your UM coverage, ask for a copy of the waiver and bring it to your attorney for review.
Some drivers are afraid to file insurance claims because they do not want their insurance premiums to increase; however, in the state of New Mexico, your insurer cannot increase your premiums or cancel your policy just because you were hit by an uninsured motorist.
Unfortunately, some insurance companies do not play by the rules, and they attempt to undervalue or deny claims that should be covered. This is where a personal injury attorney can help.
If you were injured by an uninsured driver in New Mexico, contact The Law Office of Brian K. Branch. Medical bills and lost income can add up quickly, but if the accident was not your fault, you should not have to pay for these expenses out of your own pocket. Call 505-207-4401 today to schedule a free initial consultation with a head injury lawyer in Albuquerque.
Possible Sources of Uninsured Motorist Coverage
Even if there is no uninsured motorist coverage on the vehicle that you were driving in the accident, there may be another UM policy to cover your damages. For example, if you own a vehicle that has UM coverage—even if that vehicle was not involved in the crash—it should cover expenses related to personal injury and wrongful death.
You can make a personal injury or wrongful death claim against any UM policy that names you as the insured. You can also make such a claim against the UM policy on a vehicle owned by a relative who lives in your household.
As you can see, it is often possible to recover compensation after a collision with an uninsured driver; however, the process is riddled with legal hurdles. A personal injury attorney can identify all possible options for recovering compensation and help you avoid costly mistakes during the claims process.
If you would like to discuss your case with an accident lawyer, contact The Law Office of Brian K. Branch. Our attorneys have more than 32 years of combined experience representing the injured. Call 505-207-4401 today to schedule a free initial consultation with a car accident attorney in New Mexico.