New Mexico · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in New Mexico: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

Use your uninsured motorist coverage (bodily injury and property damage) unless you rejected it. Every policy must include uninsured motorist coverage (which includes underinsured coverage) for bodily injury and property damage, at least the minimum limits, unless the named insured rejects it; the property damage part may have up to a $250 deductible (NMSA § 66-5-301, current text as quoted in 2025 SB 319, which died).

Uninsured motorist (UM) coverage
Included unless you reject it
Minimum liability
25/50/10
Insurance system
Fault (tort)

Uninsured motorist coverage in New Mexico

Uninsured / underinsured motorist (UM/UIM)
Every policy must include uninsured motorist coverage (which includes underinsured coverage) for bodily injury and property damage, at least the minimum limits, unless the named insured rejects it; the property damage part may have up to a $250 deductible (NMSA § 66-5-301, current text as quoted in 2025 SB 319, which died).
Liability minimum
25/50/10
Official text
Read the official text

Compare every state in the minimum insurance table.

If the other driver has no insurance in New Mexico

  • Use your uninsured motorist coverage (bodily injury and property damage) unless you rejected it.

Penalties for driving uninsured in New Mexico

  • The MVD can suspend the registration of a vehicle without the required insurance.

More facts for New Mexico

  • New Mexico's uninsured motorist coverage also pays for damage to your property, not just injuries (NMSA § 66-5-301).

How fast an insurer must handle a claim in New Mexico

  • New Mexico law bans insurers, as a general business practice, from failing to acknowledge and act reasonably promptly on claims from their own insureds, failing to affirm or deny coverage within a reasonable time after proof of loss, and not trying in good faith to settle promptly and fairly when liability is reasonably clear.
  • The statute sets no fixed number of days (NMSA 1978, § 59A-16-20, text as amended by 2025 SB 221).

Claiming from the uninsured driver in New Mexico

Small claims limit for car damage in New Mexico: $10,000 in Magistrate Court (Metropolitan Court in Bernalillo County); New Mexico has no separate small claims court. New Mexico small claims guide on Small Claims Map

Step by step if an uninsured driver hits you in New Mexico

  1. Report the crash to the police. Call 911 if anyone is hurt. Reporting a crash in New Mexico and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in New Mexico it is included unless you reject it.
  4. If your coverage doesn't pay everything, sue the driver before the deadline: 4 years for property damage and 3 years for injury. Deadlines to sue in New Mexico, with the calculator

Free help in New Mexico

Questions about uninsured drivers in New Mexico

Is uninsured motorist coverage required in New Mexico?

Every policy must include uninsured motorist coverage (which includes underinsured coverage) for bodily injury and property damage, at least the minimum limits, unless the named insured rejects it; the property damage part may have up to a $250 deductible (NMSA § 66-5-301, current text as quoted in 2025 SB 319, which died).

What happens if you drive without insurance in New Mexico?

The MVD can suspend the registration of a vehicle without the required insurance.

What can I do if an uninsured driver hits me in New Mexico?

Use your uninsured motorist coverage (bodily injury and property damage) unless you rejected it.

What is the minimum car insurance in New Mexico?

25/50/10

How long do I have to sue an uninsured driver in New Mexico?

4 years for property damage and 3 years for injury.

How fast must an insurer handle a car insurance claim in New Mexico?

New Mexico law bans insurers, as a general business practice, from failing to acknowledge and act reasonably promptly on claims from their own insureds, failing to affirm or deny coverage within a reasonable time after proof of loss, and not trying in good faith to settle promptly and fairly when liability is reasonably clear. The statute sets no fixed number of days (NMSA 1978, § 59A-16-20, text as amended by 2025 SB 221).

More for New Mexico drivers

Nearby states

Sources

Last checked: Oct 24, 2026.