You're stopped at a red light on Central Avenue when a pickup truck slams into you from behind. The driver gets out, apologetic and frantic, and drops the worst news possible: "I don't have insurance."
Your heart sinks. You're hurt, your car is totaled, and the person responsible for all of it has no way to pay for the damage. If this scenario feels like a nightmare, you're not alone. In New Mexico, it happens more often than you'd think.
New Mexico's Uninsured Driver Problem
Here's a sobering stat: according to a 2025 study by the Insurance Research Council, an estimated 24.1% of New Mexico drivers were uninsured in 2023. That makes us the second-highest state in the nation for uninsured motorists, trailing only Mississippi.
What does that mean for you? It means that roughly one in four drivers on Albuquerque roads has no insurance. When you're driving to work on I-25, running errands on Paseo del Norte, or heading out to Rio Rancho, there's a very real chance the person next to you won't be able to cover your medical bills if they cause an accident.
What Happens If an Uninsured Driver Hits You?
Let's be blunt: if an uninsured driver hits you and you don't have uninsured motorist coverage, you could be stuck paying for everything yourself. Your injuries. Your medical bills. Your lost wages. Your car repairs or replacement. All of it.
Even if you sue the at-fault driver and win, collecting on that judgment is a different story. Many uninsured drivers don't carry coverage because they can't afford it. That means even a court order won't magically produce money that doesn't exist.
This is where uninsured motorist coverage becomes critical.
Understanding Uninsured Motorist Coverage in New Mexico
Under New Mexico law (specifically NMSA 66-5-301), insurance companies are required to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage to anyone purchasing auto insurance in the state.
Here's what that means:
Uninsured Motorist Coverage kicks in when the driver who hit you has no insurance at all.
Underinsured Motorist Coverage kicks in when the at-fault driver has insurance, but their policy limits aren't enough to cover your damages.
The minimum UM/UIM coverage in New Mexico is:
- $25,000 per person for bodily injury
- $50,000 per accident if two or more people are injured
- $10,000 per accident for property damage
While this coverage is offered to every policyholder, you can technically reject it in writing. But doing so would be a massive mistake.
Why You Need More Than the Minimum
The minimum coverage in New Mexico won't cut it in most serious accidents. If you're injured badly enough to miss work, need surgery, or face long-term medical care, $25,000 won't come close to covering those costs.
Here's a real-world example: you're rear-ended by an uninsured driver and suffer a herniated disc. You need surgery, physical therapy, and you miss three months of work. Your medical bills hit $60,000, and your lost wages add another $15,000. Your pain and suffering is significant. But if you only have the state minimum UM coverage of $25,000, that's all you'll get from your own insurance.
The gap between what you need and what you have? You're on your own to figure that out.
This is why we strongly recommend carrying UM/UIM coverage that matches your liability limits. If you have $100,000 in liability coverage, you should have $100,000 in UM/UIM coverage.
Does Using Uninsured Motorist Coverage Raise Your Rates?
This is one of the most common questions we hear, and the answer is good news: No, your rates will not go up.
New Mexico has a statute (NMSA 59A-17-7.1) that specifically protects consumers from rate increases when they use UM/UIM coverage after a no-fault accident. If someone else hit you and you have to tap into your uninsured motorist coverage, your insurance company cannot punish you with higher premiums.
This law exists precisely because New Mexico has such a high rate of uninsured drivers. Lawmakers recognized that innocent victims shouldn't face financial penalties for being hit by someone who broke the law by driving uninsured.
What About Hit-and-Run Accidents?
Uninsured motorist coverage also protects you in hit-and-run situations. If a driver strikes your vehicle and flees the scene before you can get their information, your UM coverage treats it the same as if they had no insurance.
This is particularly valuable in Albuquerque, where hit-and-runs are not uncommon, especially in parking lots and late-night incidents.
The Insurance Company's Playbook
Even though you're dealing with your own insurance company when you file a UM/UIM claim, don't assume they'll just hand over a fair settlement. Insurance adjusters have one job: minimize payouts.
They'll use tactics like:
- Downplaying your injuries: They'll claim you're exaggerating pain or that your injuries aren't as serious as you say.
- Blaming pre-existing conditions: They'll argue that your back pain is from an old injury, not the accident.
- Delaying your claim: They'll drag out the process hoping you'll get desperate and accept a lowball offer.
- Questioning medical treatment: They'll say you didn't need that MRI or that your physical therapy was unnecessary.
This is where having an experienced attorney becomes crucial.
How the Law Office of Nathan Cobb Can Help
When you're dealing with an uninsured motorist claim, you need someone who understands New Mexico law and won't back down from insurance company tactics.
At the Law Office of Nathan Cobb, we've been fighting for injured New Mexicans since 2008. We know how to build strong UM/UIM claims that maximize your compensation. We gather evidence, work with medical experts, and negotiate aggressively on your behalf.
And if your insurance company refuses to offer a fair settlement? We're ready to take them to court.
We work on a contingency fee basis, which means you don't pay us unless we win your case. When you're already dealing with medical bills and lost income, the last thing you need is upfront legal fees.
What You Should Do Right Now
If you've been hit by an uninsured driver in Albuquerque or anywhere in New Mexico, here's what you need to do:
- Get medical attention immediately. Your health comes first, and documentation of your injuries is critical to your claim.
- Report the accident to your insurance company. You typically have a limited window to report UM/UIM claims, so don't delay.
- Don't give recorded statements to any insurance company without talking to an attorney first. What you say can be used against you.
- Document everything. Take photos of your injuries, keep all medical records and bills, and track your lost wages.
- Call us. The sooner we get involved, the stronger your case will be.
Check Your Coverage Today
Pull out your auto insurance policy right now and look at your UM/UIM coverage limits. If they're at the state minimum or if you rejected this coverage, call your insurance agent today and increase it.
Given that one in four New Mexico drivers has no insurance, having robust UM/UIM coverage isn't optional. It's essential protection for you and your family.
Get Help From an Experienced Albuquerque Personal Injury Attorney
If you've been injured by an uninsured driver, don't try to navigate this alone. Insurance companies have teams of lawyers and adjusters working to minimize what they pay you. You need someone in your corner who fights just as hard for your interests.
The Law Office of Nathan Cobb has recovered over $10 million for clients in Bernalillo County. Attorney Nathan Cobb has been recognized on the New Mexico Rising Stars list by Super Lawyers every year since 2017. We have the experience, resources, and determination to get you the compensation you deserve.
Call us today at (505) 225-8880 or contact us online for a free consultation. We'll review your case, explain your options, and give you honest advice about the best path forward.
You shouldn't have to pay the price for someone else's decision to drive without insurance. Let us fight to make sure you don't.