What to Do If You’re Hit by an Uninsured Driver in New Mexico?

Car accidents are stressful, but they’re even worse when the other driver doesn’t have insurance. In New Mexico, all drivers are required to have auto insurance, but not everyone follows the law. If you’re hit by an uninsured driver, don’t panic. Here’s what you need to do to protect yourself and your rights.

How Common Are Uninsured Drivers in New Mexico?

Uninsured drivers are a serious problem across the country. According to the Insurance Research Council (IRC), about 1 in 7 drivers (14%) in the U.S. doesn’t have car insurance. In New Mexico, the situation is even worse—24.9% of drivers are uninsured, making it one of the highest rates in the country.

Because the chances of getting hit by an uninsured driver in New Mexico are so high, it’s crucial to know what to do if it happens to you and to make sure you have UM/UIM insurance!

Step 1: Call 911

The first thing to do after any accident is call 911. Even if no one is seriously hurt, it’s important to have the police come to the scene. The officer will create an accident report, which can help with insurance claims and legal matters later. They may not come though if no one is hurt, the cars are moveable, and nothing is stuck in the street.

Tell the dispatcher:

• Where the accident happened

• If anyone is injured

• If the other driver is acting suspicious (like trying to leave)

When the officer arrives, explain what happened and ask for a copy of the report or the report number so you can get it later.

Step 2: Get Information

Even though the other driver doesn’t have insurance, still collect their:

• Name

• Address

• Phone number

• Driver’s license number

• Vehicle make, model, and license plate number

Also, get contact info for any witnesses. Their statements can help if there’s a dispute.

Step 3: Take Photos

Use your phone to take pictures of:

• Both vehicles (damage and license plates)

• The accident scene (road signs, intersections, skid marks)

• Any visible injuries

Photos provide evidence if there’s a legal or insurance issue later. Take as many as you can.

Step 4: Seek Medical Attention

Even if you feel fine, see a doctor. Some injuries, like whiplash, don’t show up right away. If you wait too long, insurance companies may try to claim your injuries weren’t from the accident.

Step 5: Notify Your Insurance Company

Call your insurance company as soon as possible. Let them know you were hit by an uninsured driver.

New Mexico requires all insurance companies to offer Uninsured Motorist (UM) Coverage unless you specifically reject it in writing. If you have UM coverage, your insurance may cover:

• Medical bills

• Lost wages

• Pain and suffering

• Damage to your car (if you have uninsured motorist property damage coverage)

Even if you don’t have UM coverage, other parts of your policy (like collision coverage) may help with repairs. But if you can, you should increase your coverage!

Step 6: Know Your Rights

New Mexico’s Uninsured Motorist Law

Under NMSA 66-5-301, all auto insurance policies must include UM coverage unless you decline it in writing. This coverage is designed to protect you in accidents with uninsured or hit-and-run drivers.

Filing a Lawsuit

If the uninsured driver was at fault, you might be able to sue them for damages. However, many uninsured drivers don’t have money to pay for damages, which is why UM coverage is so important.

Hit-and-Run Accidents

If the at-fault driver flees the scene, it’s still considered an uninsured motorist claim. Report it to the police immediately and give as much detail as possible about the other car.

Step 7: Talk to a Lawyer

Insurance companies sometimes try to deny or underpay UM claims. A personal injury lawyer can:

• Make sure you get the compensation you deserve

• Handle negotiations with insurance companies

• Help if your claim is denied

Most personal injury lawyers offer free consultations, so it’s worth getting advice before accepting a settlement.

Final Thoughts

Being hit by an uninsured driver is frustrating, but you have options. Having UM coverage is the best way to protect yourself, and knowing the steps to take after an accident can make all the difference.

If you have questions or need help after an accident, reach out to a personal injury attorney to discuss your case. Feel free to give us a call 505-416-4150.