When a Fatal Crash Leaves Your Family With Questions, You Don't Have to Face Them Alone

If a crash in Albuquerque killed someone you love, the at-fault driver’s insurance may not be enough. Underinsured motorist (UIM) coverage sits in your own auto policy and may help close that gap. This page explains how UIM works in New Mexico, what a claim can include, and how the process usually moves. Families who need an Albuquerque fatal car accident lawyer to explain their options can start below. El Gringo Law represents car accident victims across New Mexico, and Josh Wood is the responsible lawyer for this page.

What Underinsured Motorist Coverage Is and Who It Applies To

Underinsured motorist (UIM) coverage is part of your own auto policy. It applies when the at-fault driver’s bodily injury limits are lower than your own uninsured motorist (UM) limits.

New Mexico law sets the trigger by comparing limits, not damages. For uninsured motorist coverage purposes, New Mexico law defines an “underinsured motorist” as an operator of a motor vehicle with respect to the ownership, maintenance or use of which the sum of the limits of liability under all bodily injury liability insurance applicable at the time of the accident is less than the limits of liability under the insured’s uninsured motorist coverage (§ 66-5-301).

New Mexico auto policies must include UM and UIM coverage unless the named insured rejects it. So check whether you ever signed a written rejection.

Who is protected depends on the policy’s wording. The statute protects people insured under the policy who are legally entitled to recover damages from owners or operators of uninsured motor vehicles. Under NMSA 1978, § 66-5-301(A), no motor vehicle or automobile liability policy insuring against liability for bodily injury or death, or for injury to or destruction of property, arising from the ownership, maintenance or use of a motor vehicle may be delivered or issued for delivery in New Mexico for a motor vehicle registered or principally garaged in New Mexico unless coverage is provided therein or supplemental thereto, in minimum limits set forth in Section 66-5-215 NMSA 1978 and any higher limits the insured desires, up to the liability limits in the policy, for persons insured who are legally entitled to recover damages from owners or operators of uninsured motor vehicles. That coverage must be provided in at least the minimum limits set in Section 66-5-215 NMSA 1978, with any higher limits the insured may want, up to the limits of the policy’s bodily injury and property damage liability provisions, for insured persons who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, and for resulting injury to or destruction of property, according to the rules of the superintendent of insurance. Under Subsection C, the named insured has the right to reject the uninsured motorist coverage described in Subsections A and B. UIM extends that protection to underinsured drivers.

Find your UM and UIM limits on the declarations page, the summary page at the front of your policy. Write those numbers down, because you’ll compare them with the at-fault driver’s limits. If the page is hard to read, our team can walk through it with you.

What an Underinsured Motorist Claim Can Include

A UIM claim seeks payment for losses the at-fault driver’s coverage does not fully pay. Your UIM limit is generally the most your own insurer owes, and the policy’s wording controls.

• Medical costs: emergency care, hospital stays, surgery, rehabilitation, and future treatment that medical records support.
• Lost income: wages and lost ability to earn, shown with pay records and tax filings.
• Pain and suffering: other non-economic losses, to the extent your policy and New Mexico law allow.
• Death-related losses: funeral and burial costs and the family’s losses, pursued under the decedent’s policy or a policy that covers the family.

Property damage and rental car coverage sit in separate policy sections, so check them on their own.

Shared fault does not end a claim in New Mexico. Under UJI 13-2218 NMRA, where comparative negligence is an issue, the court is submitting the case on a general verdict without special interrogatories, and there is no apportionment of negligence among defendants or non-parties, the jury finds total damages, splits fault into percentages totaling 100%, and reduces damages by the injured person’s share.

Got a claim with mixed fault or unclear losses? Send the details through our contact page, and our team can look at them with you.

Underinsured Motorist Claims After a Fatal Crash in Albuquerque

A wrongful death claim and a UIM claim are separate claims, though they often run side by side after a fatal crash.

A wrongful death claim is brought by the personal representative of the person who died, in that person’s name (NMSA 1978, § 41-2-3). It seeks damages from the at-fault party. The UIM claim runs under a policy, and that policy’s terms decide who can make it.

New Mexico requires a wrongful death action within three years after the cause of action accrues (NMSA 1978, § 41-2-2 — three years from the date of death). A New Mexico wrongful death action must be brought within three years after the cause of action accrues, and the cause of action accrues as of the date of death (§ 41-2-2). In New Mexico, an action for an injury to the person or reputation of any person must be brought within three years (§ 37-1-8).

Under NMSA 1978, § 41-2-3, the statute sets out who may receive a wrongful death recovery, and the order of distribution depends on which family members survive. Under NMSA § 41-2-3, the proceeds of any judgment obtained in a wrongful death action shall not be liable for any debt of the deceased, provided the decedent has left a spouse, child, father, mother, brother, sister or child or children of the deceased child.

Close family members may have a separate loss of consortium claim.

Gather these records early: the police crash report, the death certificate, medical examiner or investigator records, funeral and burial bills, and proof of the decedent’s earnings and household contributions.

A family dealing with a recent loss can reach out through the contact page to review the crash records and policies together.

How the Underinsured Motorist Claim Process Works

A UIM claim usually moves through six steps, from the first consultation to talks with your own insurer.

1. Consultation: we review the crash, the losses, and every policy involved.
2. Notice: tell your own insurer about the crash and the claim, as your policy requires.
3. Records: collect the police report, medical bills and notes, pay records, photos, and the full policy.
4. Limits: find out the at-fault driver’s bodily injury limits.
5. Release review: have any release from the at-fault side reviewed before you sign. A release by the injured person of one joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides. It does reduce the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid (§ 41-3-4).
6. Demand and negotiation: send your insurer a demand package showing fault, losses, and the gap between the at-fault limit and your damages. If talks don’t resolve the claim, the firm can advise on next steps under the policy and New Mexico law.

New Mexico also regulates insurer conduct. New Mexico law defines as an unfair and deceptive practice, and prohibits, an insurer or other person not attempting in good faith to effectuate prompt, fair and equitable settlements of an insured’s claims in which liability has become reasonably clear, when the practice is knowingly committed or performed with such frequency as to indicate a general business practice (§ 59A-16-20).

Treatment, record gathering, and insurer review often take months. Confirm the deadlines early, since the wrongful death clock starts on the date of death.

Ready to start with step one? Reach out through the contact page whenever you’re ready.

Why Clients Work With El Gringo Law on These Claims

El Gringo Law represents car accident victims across New Mexico. Its practice areas also include trucking accidents, wrongful death, catastrophic injuries, and spinal cord injuries, so related claims can be reviewed together.

• Josh Wood is the responsible lawyer for this page. He is licensed in New Mexico and Arizona.
• Our team helps gather records and keeps track of insurer correspondence.
• The firm represents people in Albuquerque, Bernalillo County, and other parts of New Mexico.
• Every case is different. No lawyer can predict how a specific UIM claim will turn out.

Questions People Ask Before Calling About an Underinsured Motorist Claim

The short answers below cover the questions families ask most often before they reach out about a UIM claim.

Will I deal with my own insurer’s adjuster? Yes. Your own insurer handles a UIM claim, and the firm can communicate with that adjuster for you.

What if the at-fault driver had no insurance? Uninsured motorist coverage under New Mexico law is for the protection of persons insured under the policy who are legally entitled to recover damages from owners or operators of uninsured motor vehicles, up to the limits of liability specified in the bodily injury and property damage liability provisions of the insured’s policy (§ 66-5-301). NMSA 1978, § 66-5-301 reads: “unless coverage is provided therein or supplemental thereto in minimum limits for bodily injury or death and for injury to or destruction of property as set forth in Section 66-5-215 NMSA 1978 and such higher limits as may be desired by the insured, but up to the limits of liability specified in bodily injury and property damage liability provisions of the insured’s policy, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, and for injury to or destruction of property resulting therefrom, according to the rules and regulations promulga.”

Does partial fault end my claim? Not necessarily. Your own share of fault can affect the amount of damages, and New Mexico’s uniform jury instruction UJI 13-2218 sets out how that is handled in the verdict situations it covers.

Can I still claim if I accepted a quick offer? Sometimes. A signed release can limit later claims, so have its terms reviewed before you sign anything else.

What does the first consultation cost? The initial consultation is free, confidential, and carries no obligation to continue.

When should I contact an Albuquerque fatal car accident lawyer? Contact a lawyer soon. Early contact helps you confirm each deadline before it passes.

Talk With a Lawyer About Your Underinsured Motorist Claim

If you need an Albuquerque fatal car accident lawyer to review your UIM options, start with a conversation. A fatal crash can leave your family facing losses the at-fault driver’s limits may not cover.

Josh Wood is the responsible lawyer for this page. Contact El Gringo Law through the contact page to submit a form or start a chat. Have the crash date, your declarations page, and any insurer letters ready to share. Tell us what happened, and our team can walk through your options with you.