Uninsured/Underinsured Motorist Complaint - New Mexico

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. Stacking Provisions
7. UM vs. UIM Status
8. First Claim — Breach of Contract (UM/UIM Benefits)
9. Second Claim — Unfair Claims Practices (NMSA § 59A-16-20)
10. Third Claim — Common-Law Bad Faith
11. Damages
12. Jury Demand
13. Prayer for Relief

Caption

STATE OF NEW MEXICO
COUNTY OF [COUNTY NAME]
[JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT

Parties

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, New Mexico [ZIP CODE], and is an insured under the automobile insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is an insurance company authorized to transact business in the State of New Mexico, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has subject-matter jurisdiction over this matter pursuant to N.M. Const. art. VI, § 13.

5. Venue is proper in [COUNTY] County under NMSA 1978 § 38-3-1 [SELECT SUBSECTION] because [Plaintiff or Defendant resides in this County / the contract sued on was made or is to be performed in this County / the cause of action originated or indebtedness was incurred in this County / another selected statutory ground applies]. Apply subsection (F)'s specific alternatives to a qualifying foreign-corporation Defendant.

6. The amount in controversy exceeds $[AMOUNT].

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY/ROUTE], in or near [CITY], [COUNTY] County, New Mexico.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, proximately causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following respects:

☐ Operating at an excessive or unreasonable speed (NMSA § 66-7-301)
☐ Failure to yield the right of way (NMSA § 66-7-328)
☐ Following too closely (NMSA § 66-7-318)
☐ Driving under the influence (NMSA § 66-8-102)
☐ Failure to obey a traffic control device (NMSA § 66-7-105)
☐ Improper lane change (NMSA § 66-7-317)
☐ Texting while driving (NMSA § 66-7-374)
☐ Other: [________________________________]

10. As a direct and proximate result of the above-described negligence, Plaintiff sustained serious bodily injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy includes uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy includes underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. Plaintiff [☐ accepted UM/UIM coverage / ☐ did not execute a valid written rejection of UM/UIM coverage].

Stacking Provisions

16. ☐ Plaintiff claims stacking of UM/UIM coverages.

☐ Plaintiff is covered under multiple policies and claims stacking of coverages totaling $[AMOUNT]
☐ Policy lacks a plain and affirmative anti-stacking declaration
☐ Stacking is not at issue in this claim

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

17. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer denied coverage or is insolvent].

☐ Underinsured Motorist (UIM) Claim:

18. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is less than the limits of liability under Plaintiff's UM/UIM coverage.

19. Plaintiff has exhausted the at-fault motorist's bodily injury liability limits and received $[AMOUNT RECOVERED FROM TORTFEASOR] in [☐ settlement / ☐ judgment].

20. Defendant Insurer was provided with timely written notice and the opportunity to consent to the settlement with the tortfeasor's insurer.

First Claim

Breach of Contract (UM/UIM Benefits)

21. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 20.

22. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

23. Plaintiff has performed all obligations and satisfied all conditions precedent required under the Policy.

24. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff despite proper and timely demand.

25. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Second Claim

Unfair Claims Practices (NMSA 1978 § 59A-16-20)

26. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 25.

27. NMSA 1978 § 59A-16-30 permits a covered person damaged by an Article 16 violation to bring an action in district court. A listed § 59A-16-20 practice must be knowingly committed or performed with such frequency as to indicate a general business practice.

28. Defendant Insurer violated the Unfair Claims Practices Act by engaging in one or more of the following acts:

☐ Misrepresenting pertinent facts or insurance policy provisions
☐ Failing to acknowledge and act reasonably promptly upon communications with respect to claims
☐ Failing to adopt and implement reasonable standards for the prompt investigation of claims
☐ Failing to affirm or deny coverage within a reasonable time after completed proof-of-loss requirements were submitted
☐ Failing to attempt in good faith to effectuate prompt, fair settlements
☐ Compelling insureds to institute litigation to recover amounts due
☐ Other: [________________________________]

29. Plaintiff has been damaged by Defendant Insurer's unfair claims practices and is entitled to damages as provided by law.

Third Claim

Common-Law Bad Faith

30. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 29.

31. Under New Mexico common law, an insurer owes its insured a duty of good faith and fair dealing implied in the insurance contract.

32. Defendant Insurer breached its duty of good faith and fair dealing by acting unreasonably and without proper cause in handling Plaintiff's claim.

33. Defendant Insurer's conduct was willful, wanton, fraudulent, or in reckless disregard of Plaintiff's rights, entitling Plaintiff to compensatory and punitive damages.

Damages

34. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Mental anguish and emotional distress: $[AMOUNT]
☐ Physical disability and disfigurement: $[AMOUNT]
☐ Loss of enjoyment of life: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Damages for unfair claims practices (§ 59A-16-20)
☐ Compensatory damages for common-law bad faith
☐ Punitive damages
☐ Prejudgment interest (NMSA § 56-8-4)
☐ Attorney's fees (if authorized)
☐ Costs of suit

Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM/UIM benefits in the full amount owed under the Policy;
3. Damages for violation of the Unfair Claims Practices Act (NMSA § 59A-16-20);
4. Compensatory and punitive damages for common-law bad faith;
5. Prejudgment interest pursuant to NMSA § 56-8-4;
6. Costs of this action; and
7. Such other and further relief as this Court deems just and equitable.

Respectfully submitted,

[ATTORNEY NAME], New Mexico Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], New Mexico [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — New Mexico

Sources and References

• NMSA § 66-5-301 — Justia (2024)
• New Mexico Uninsured Motorist Act — Law for Personal Injury
• New Mexico UM/UIM Law — TAC Injury Law
• New Mexico Insurance Law — ALFA International