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What to do if other driver does not have enough insurance

If someone is in an accident with another driver who is at-fault in New Mexico and there are property damages and/or bodily injuries, one expects that the other driver's car insurance will pay. However, some drivers may not carry enough insurance to cover all the related expenses, and some actually have no insurance at all. When this happens, there are a number of things the injured party should do.

According to the New Mexico Motor Vehicle Division, all vehicle operators must have a minimum amount of insurance in order to drive. The requirements are:

  • $10,000 for property damage
  • $25,000 for injury or death of one person
  • $50,000 for injury or death of two people or more 

This insurance coverage is necessary in order to register a vehicle in the state. However, in more serious accidents, the costs may exceed the insurance coverage, which is why it is always a good idea to increase the limits of an insurance policy. Some people also choose to drive even when they have no amount of coverage.

The Office of the Insurance Commissioner in Washington State outlines steps to take if hit by someone with no or little insurance. Before anyone leaves the scene, the driver should call the police or, if there are injuries, 911. Always trade information with the other driver, even if he or she does not have insurance. Gather the name, driver's license information, phone number and license plate. Write down as many details about the accident and damage, and take pictures. The police will also interview any witnesses of the crash.

If the person who maintained damage has uninsured/underinsured coverage, that will help pay for damages, as will personal injury protection and collision coverage. Drivers who do not have uninsured coverage will need to pay for all damages and then seek compensation from the at-fault party directly through an attorney.


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