Injured By A Driver With No Insurance Or Too Little Insurance?

Auto insurance companies in New Mexico have strict requirements when it comes to offering Uninsured Motorist/Underinsured Motorist (UM/UIM) Coverage. Attorney Mollie McGraw has assisted many injured people in fighting their insurance company to recover under their UM/UIM coverage.

Reser v. Uranga

Attorney Mollie McGraw successfully represented the victim of a hit-and-run driver. McGraw went after the at-fault driver's insurance company and the victim's own insurance company for underinsured (UIM) motorist coverage because the at-fault driver did not have sufficient insurance.

Uninsured Motorist (UM) coverage provides insurance coverage under your own insurance policy for bodily injury and property damage if you are injured and harmed by an individual who does not have any liability insurance — or enough liability insurance — at the time of a crash to compensate you for what has been taken from you.

While liability insurance coverage attaches to a specific car, UM/UIM coverage follows the insureds and their household members — not their vehicles. In New Mexico, UM/UIM coverage may be applied to victims of crime if an automobile was used in the commission of the crime.

The New Mexico Supreme Court has outlined the requirements an insurance company must comply to remove UM/UIM coverage from its insured's policy.

In order to be a valid and enforceable rejection of UM/UIM, an insurance company must:

  1. offer the insured UM/UIM coverage equal to his or her liability insurance limits,
  2. inform the insured about premium costs corresponding to the available levels of coverage,
  3. obtain a written rejection of UM/UIM coverage equal to the liability limits that is knowing and intentionally made by the insured, and
  4. incorporate that rejection into the policy in a way that affords the insured a fair opportunity to reconsider the decision to reject.

Attorney Mollie McGraw has been successful in litigating Uninsured/Underinsured Motorist Coverage claims on behalf of insureds when insurance companies fail to follow the clear rules governing UM/UIM coverage. To arrange a free consultation with Attorney Mollie McGraw, please call 575-567-3107 or contact us online.