Have you have been injured in an auto accident with a driver who did not have sufficient coverage to compensate you for your injuries? You may be able to make a underinsured motorist claim for your injuries that were not covered by the at-fault party's insurance.
First, it is important to note the difference between Uninsured Motorist (UM) Coverage and Underinsured Motorist (UIM) Coverage. They are joint coverages in New Mexico, meaning that if you have one, you will also have the other. UM coverage applies when an at-fault driver did not have insurance, his/her insurance company denies the claim, or the driver committed a hit-and-run.
UIM coverage applies when an at-fault driver met the minimum state requirements for liability coverage but the amount covered was not enough to cover for the damage. In New Mexico, the minimum coverage requirement is $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $10,000 per accident for property.
If you have injuries, your bills exceed the at-fault's liability coverage, and have UM/UIM coverage then you can file a claim to recover additional amounts to cover your expenses, lost wages, pain and suffering, etc. Often times, individuals are unsure if they have UM/UIM coverage. An insurance company has a duty to offer this coverage to you and comply with New Mexico State rules/guidelines if you decide to reject this coverage.
If you were involved in an auto accident, be sure to contact your local law enforcement to make a police report.
A underinsured motorist claim is made with your insurance company and can often be confusing and difficult to navigate due to the circumstances surrounding the accident. If you have questions or would like to discuss your UM claim with New Mexico personal injury attorneys, contact Keller & Keller at 1-800-2-KELLER.