New Mexico 2025 Regular Session

New Mexico House Bill HB97 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 97
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
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35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
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41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Janelle Anyanonu
48	48	AN ACT
49	49	RELATING TO MOTOR VEHICLES; REQUIRING MINIMUM AMOUNTS OF
50	50	INSURANCE AGAINST UNINSURED AND UNDERINSURED MOTORISTS.
51	51	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
52	52	SECTION 1. Section 66-5-208 NMSA 1978 (being Laws 1978,
53	53	Chapter 35, Section 282, as amended) is amended to read:
54	54	"66-5-208. EVIDENCE OF FINANCIAL RESPONSIBILITY--AMOUNTS
55	55	AND CONDITIONS.--
56	56	A. "Evidence of financial responsibility", as used
57	57	in the Mandatory Financial Responsibility Act, means evidence
58	58	of the ability to respond in damages for liability and for the
59	59	protection of persons insured who are legally entitled to
60	60	recover damages from owners or operators of uninsured or
61	61	underinsured motor vehicles , on account of accidents occurring
62	62	subsequent to the effective date of the evidence, arising out
63	63	.229459.1 underscored material = new
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90	90	of the ownership, maintenance or use of a vehicle of a type
91	91	subject to registration under the laws of New Mexico, in the
92	92	following amounts:
93	93	[A.] (1) twenty-five thousand dollars
94	94	($25,000) because of bodily injury to or death of one person in
95	95	any one accident;
96	96	[B.] (2) subject to this limit for one person,
97	97	fifty thousand dollars ($50,000) because of bodily injury to or
98	98	death of two or more persons in any one accident;
99	99	[C.] (3) ten thousand dollars ($10,000)
100	100	because of injury to or destruction of property of others in
101	101	any one accident; and
102	102	[D.] (4) if evidence is in the form of a
103	103	surety bond or a cash deposit, the total amount shall be sixty
104	104	thousand dollars ($60,000).
105	105	B. For the purposes of this section, "underinsured"
106	106	means that the sum of the limits of liability under all bodily
107	107	injury liability insurance applicable at the time of an
108	108	accident is less than the limits of liability under the
109	109	insured's uninsured motorist coverage. "
110	110	SECTION 2. Section 66-5-301 NMSA 1978 (being Laws 1978,
111	111	Chapter 35, Section 325, as amended) is amended to read:
112	112	"66-5-301. INSURANCE AGAINST UNINSURED AND UNKNOWN
113	113	MOTORISTS [REJECTION OF COVERAGE BY THE INSURED ].--
114	114	A. No motor vehicle or automobile liability policy
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143	143	insuring against loss resulting from liability imposed by law
144	144	for bodily injury or death suffered by any person and for
145	145	injury to or destruction of property of others arising out of
146	146	the ownership, maintenance or use of a motor vehicle shall be
147	147	delivered or issued for delivery in New Mexico with respect to
148	148	any motor vehicle registered or principally garaged in New
149	149	Mexico unless coverage is provided therein or supplemental
150	150	thereto in minimum limits as set forth in Section 66-5-215 NMSA
151	151	1978 for bodily injury or death and for injury to or
152	152	destruction of property [as set forth in Section 66-5-215 NMSA
153	153	1978 and such higher limits as may be desired by the insured,
154	154	but up to the limits of liability specified in bodily injury
155	155	and property damage liability provisions of the insured's
156	156	policy] and for the protection of persons insured thereunder
157	157	who are legally entitled to recover damages from owners or
158	158	operators of uninsured motor vehicles because of bodily injury,
159	159	sickness or disease, including death, and for injury to or
160	160	destruction of property resulting therefrom [according to the
161	161	rules and regulations promulgated by, and under provisions
162	162	filed with and approved by, the superintendent of insurance ].
163	163	B. The uninsured motorist coverage described in
164	164	Subsection A of this section shall include underinsured
165	165	motorist coverage for persons protected by an insured's policy.
166	166	For the purposes of this subsection, "underinsured motorist"
167	167	means an operator of a motor vehicle with respect to the
168	168	.229459.1
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196	196	ownership, maintenance or use of which the sum of the limits of
197	197	liability under all bodily injury liability insurance
198	198	applicable at the time of the accident is less than the limits
199	199	of liability under the insured's uninsured motorist coverage.
200	200	[No motor vehicle or automobile liability policy sold in New
201	201	Mexico shall be required to include underinsured motorist
202	202	coverage until January 1, 1980. ]
203	203	C. The uninsured motorist coverage shall provide an
204	204	exclusion of not more than the first two hundred fifty dollars
205	205	($250) of loss resulting from injury to or destruction of
206	206	property of the insured in any one accident. [The named
207	207	insured shall have the right to reject uninsured motorist
208	208	coverage as described in Subsections A and B of this section;
209	209	provided that unless the named insured requests such coverage
210	210	in writing, such coverage need not be provided in or
211	211	supplemental to a renewal policy where the named insured has
212	212	rejected the coverage in connection with a policy previously
213	213	issued to him by the same insurer ]"
214	214	SECTION 3. EFFECTIVE DATE.--The effective date of the
215	215	provisions of this act is January 1, 2026.
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