What Happens if I’m Involved in a Crash with an Uninsured Motorist?

The state of New Mexico has one of the highest rates of uninsured drivers in the nation. The Insurance Information Institute (III) reports that 21.6 percent of drivers in the state of New Mexico are uninsured, ranking New Mexico as fourth in the country in terms of most uninsured vehicle operators.

If the driver is uninsured, though, how is a car accident victim paid for their damages? For drivers who sustain injuries in car accidents through no fault of their own, compensation is normally sought from the at-fault driver’s insurance company. Where the wrong-doer does not have insurance, you may still be able to recover for your damages.


Many states in the nation require drivers to purchase uninsured/underinsured (UM/UIM) coverage for the exact reasons specified above; if a driver is involved in a wreck with an uninsured driver, there may be no available party from whom to seek compensation.

New Mexico, however, does not require its drivers to purchase UM/UIM insurance, although it does provide them with the option. If you are involved in an accident with a driver who does not have insurance, or does not have enough insurance to pay for your injuries and you carry UM/UIM insurance, your own policy will provide you with payment to ensure that your losses, such as your medical expenses related to your injuries, are covered.


If you do not have uninsured or underinsured motorist coverage and you are hit by an at-fault, uninsured motorist, your options for recovering compensation become more limited. You may be able to recover compensation by:

● Filing a claim with your own policy’s Medical Payments Coverage (MPC);
● Filing a claim with your own policy’s collision coverage;
● Filing a claim with your health insurance policy for medical bills coverage; and
● Filing a lawsuit directly against the at-fault driver.

While filing a lawsuit against a negligent driver is always an option, keep in mind that if the driver did not purchase car insurance to begin with, it may be because they do not have the financial means to do so. As such, a lawsuit may be in vain, as the defendant may not have the funds to pay you regardless.

How Our Law Firm Can Help You

After a car accident, the thing that is most important is your health and therefore ensuring that you get treatment for your injuries. If you are involved in a wreck with an uninsured driver, whether or not you will be able to recover damages may be an unknown. At the Law Offices of Allan L. Wainwright, our experienced Albuquerque car accident lawyer will help you to explore your recovery options and pursue the claim option that makes the most sense for you. We understand what you’re going through, and will work hard on your behalf. Use our online form to contact our law offices at 888-313-7452 today and request a free consultation.