In a nutshell, if you have had a uninsured/underinsured motorist claim denied in the past by your auto insurance carrier and you take nothing else from this article, REOPEN YOUR CLAIM NOW!
The developments in New Mexico related to uninsured and underinsured motorist claims (UM/UIM) have caused quite a stir with the auto insurance industry. There were a host of cases from the New Mexico appellate courts each expanding the rights of insured drivers throughout the state. In turn, the cases put very specific and strict requirements on the insurance companies for the denial of UM/UIM claims.
The expanse of rights culminated with the New Mexico Supreme Court case of Progressive v. Weed Warriors. We have written a number of articles on this issue including:
- New Mexico Supreme Court Expands Scope of Law on Rejection of UM/UIM Coverage
- Prior Uninsured and Underinsured Motorist Claims Reviewed in Mass by Several Proactive Insurance Companies
As addressed in the second article, some highly reputable and responsible insurance companies have reopened these claims on their own sending letters to all of their insured drivers that had opened a UM/UIM claim in the past. Unfortunately, others have not done likewise instead apparently just hoping that their insured drivers will not open a claim until it is too late or not at all.
Because those insurance companies taking a proactive position are in the distinct minority, perhaps most important for your purposes if you are reading this and you have in the past had a UM/UIM claim denied, you might want to also read these:
- New Mexico Laws on Rejection of Uninsured/Underinsured Motorist Coverage are Retroactive
- Statute of Limitations on Past Denial of Uninsured/Underinsured Motorist (UM/UIM) Coverage in New Mexico
Again, if you were denied UM/UIM coverage in the past REOPEN YOUR CLAIM NOW. Rest assured, if you wait too long, the insurance company on the other end will not hesitate to raise the defense that the statute of limitations has run on your claims.
If you think you may have a claim for uninsured/underinsured coverage, you should talk to an experienced personal injury attorney as soon as possible. You may very well be entitled to significant recovery of UM/UIM proceeds.
Related Reading:Uninsured/Underinsured Motorist Coverage (UM/UIM)