STATE LAW – NEW MEXICO LIBRARY – GUIDE 23
New Mexico Auto Insurance & Crash Law Case Authority Library
This issue-organized authority index collects primary New Mexico sources and leading appellate decisions for motor-vehicle insurance and crash-law research.
Core New Mexico Sources
- New Mexico Motor Vehicle Division — Mandatory Insurance — current 25/50/10 liability minimums.
- NMSA 1978, § 66-5-301 — uninsured and underinsured motorist coverage.
- 13.12.3.9 NMAC — UM/UIM rejection requirements.
- 2025 HB 97 legislative history — proposed mandatory minimum UM/UIM legislation that did not become law.
Leading New Mexico Decisions
- Jordan v. Allstate Insurance Co., 2010-NMSC-051 — offer, rejection, premium disclosure and policy reformation for UM/UIM coverage.
- Montano v. Allstate Indemnity Co., 2004-NMSC-020 — written rejection requirements for UM/UIM stacking.
- Whelan v. State Farm Mutual Automobile Insurance Co. (N.M. 2014) — retroactivity and application of UM/UIM rejection requirements.
- Garcia v. Allstate Fire & Casualty Insurance Co. (N.M. 2025) — recent application of stacking-waiver principles.
New Mexico UM/UIM law is form-sensitive and heavily developed by appellate decisions. Check current statutory and regulatory text, later citing cases, and the exact rejection or selection forms before drawing a coverage conclusion.
Current New Mexico insurance and crash authorities
- Garcia v. Allstate (2025): enforceability of a valid written anti-stacking election.
- Kileen v. Didio (2025): current New Mexico Supreme Court treatment of UM/UIM offer and rejection issues.
- Ullman v. Safeway (2023): stacking disclosures and meaningful UM/UIM elections.
- Thayer v. State Farm (2023): consent-to-settle provisions and insurer waiver through delayed response.
- D.R. Horton v. Trinity Universal (2024): duty-to-defend priority over certain notice defenses.
This authority library is curated rather than exhaustive. Current statutes, policy language, and the latest controlling New Mexico appellate authority remain necessary for issue-specific reliance.
PUBLIC-INTEREST LEGAL EDUCATION
VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.
Official Sources
Verify current New Mexico law at the source
The reviewed New Mexico authority library above is preserved. Confirm amendments, later treatment, subsequent history and current appellate authority before legal reliance.