A Las Cruces, NM hit-and-run accident can leave you facing medical bills and vehicle repairs, and when there’s no obvious responsible party to turn to, it’s easy to feel like everything is hopeless. Underinsured motorist coverage can provide you with the essential protection to get through all this, and an underinsured motorist lawyer can help you make and push through your claim effectively.
How Does Underinsured Motorist Coverage Help After a Hit-and-Run in Las Cruces, NM?
Underinsured motorist coverage is part of your own auto insurance policy and protects you when the driver who caused the accident carries some insurance but not enough to cover your full damages. In New Mexico, every auto liability policy must include uninsured motorist coverage unless you reject it in writing. That same coverage automatically includes underinsured motorist protection.
How It Applies to Hit-and-Run Accidents
In any car accident, everyone involved is entitled to recover damages relative to their degree of fault. If you were 20% at fault for the accident, for instance, you would be able to recover 80% of your damages. But in a hit-and-run, the driver flees, and you may not be able to find out who they are so that you can pursue an insurance claim.
For insurance purposes with New Mexico policies, a hit-and-run is treated much the same as if the driver had not left the scene but was underinsured. If the police cannot find the driver, your underinsured motorist coverage pays benefits as if that driver had carried liability insurance, up to your selected limits.
If officers do later track down the driver, and they do have insurance, the at-fault driver’s insurer pays its maximum first. Your underinsured motorist coverage then covers the remaining gap for your medical bills, lost wages, and other damages up to the difference between their limits and yours.
What Your Coverage Can Pay For
You can use underinsured motorist coverage for medical expenses for you and your passengers, lost income if you’ve had to miss work while recovering, as well as for pain and suffering and other non-economic losses that the liable driver would have owed you. Your coverage can also cover vehicle repairs and replacement if you have a property damage protection endorsement.
When to Contact an Underinsured Motorist Lawyer
It’s always wise to talk to a lawyer as soon as possible after an accident, and particularly after a hit-and-run. Your lawyer can initiate an independent investigation that may even turn up the driver.
But even if the driver is never found, all kinds of disputes can arise, even with your own insurance company, about the amount of your damages, whether certain medical treatments are related to the accident, or how the limits of the policy apply. Your lawyer will review your policy, gather all the necessary evidence, build a strong case on your behalf, and negotiate for you to get the maximum amount.
Call the Labinoti Law Firm in Las Cruces today at 575-221-0039 for a free consultation on your case. We also serve clients in the El Paso, TX area.
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Disclaimer: The information on this website is for general informational purposes only and is not, nor is it intended to be, legal advice. Visiting this website or contacting us does not create an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established. Prior results do not guarantee a similar outcome. This website may be considered attorney advertising under the Texas Disciplinary Rules of Professional Conduct.