New Mexico 2025 Regular Session

New Mexico Senate Bill SB319 Compare Versions

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

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28	28	SENATE BILL 319
29	29	57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30	30	INTRODUCED BY
31	31	Katy M. Duhigg
32	32	AN ACT
33	33	RELATING TO MOTOR VEHICLES; REQUIRING MINIMUM AMOUNTS OF
34	34	INSURANCE AGAINST UNINSURED AND UNDERINSURED MOTORISTS.
35	35	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
36	36	SECTION 1. Section 66-5-301 NMSA 1978 (being Laws 1978,
37	37	Chapter 35, Section 325, as amended) is amended to read:
38	38	"66-5-301. INSURANCE AGAINST UNINSURED AND UNKNOWN
39	39	MOTORISTS [REJECTION OF COVERAGE BY THE INSURED ].--
40	40	A. No motor vehicle or automobile liability policy
41	41	insuring against loss resulting from liability imposed by law
42	42	for bodily injury or death suffered by any person and for
43	43	injury to or destruction of property of others arising out of
44	44	the ownership, maintenance or use of a motor vehicle shall be
45	45	delivered or issued for delivery in New Mexico with respect to
46	46	.230535.1 underscored material = new
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73	73	any motor vehicle registered or principally garaged in New
74	74	Mexico unless coverage is provided therein or supplemental
75	75	thereto in minimum limits for bodily injury or death and for
76	76	injury to or destruction of property as set forth in Section
77	77	66-5-215 NMSA 1978 and such higher limits as may be desired by
78	78	the insured, but up to the limits of liability specified in
79	79	bodily injury and property damage liability provisions of the
80	80	insured's policy, for the protection of persons insured
81	81	thereunder who are legally entitled to recover damages from
82	82	owners or operators of uninsured motor vehicles because of
83	83	bodily injury, sickness or disease, including death, and for
84	84	injury to or destruction of property resulting therefrom,
85	85	according to the rules [and regulations ] promulgated by, and
86	86	under provisions filed with and approved by, the superintendent
87	87	of insurance. No offset of underinsured motorist coverage
88	88	shall be taken based on the liability coverage limits paid by
89	89	an underinsured tortfeasor.
90	90	B. The uninsured motorist coverage described in
91	91	Subsection A of this section shall include underinsured
92	92	motorist coverage for persons protected by an insured's policy.
93	93	[For the purposes of this subsection, "underinsured motorist"
94	94	means an operator of a motor vehicle with respect to the
95	95	ownership, maintenance or use of which the sum of the limits of
96	96	liability under all bodily injury liability insurance
97	97	applicable at the time of the accident is less than the limits
98	98	.230535.1
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126	126	of liability under the insured's uninsured motorist coverage.
127	127	No motor vehicle or automobile liability policy sold in New
128	128	Mexico shall be required to include underinsured motorist
129	129	coverage until January 1, 1980. ]
130	130	C. The uninsured motorist coverage shall provide an
131	131	exclusion of not more than the first two hundred fifty dollars
132	132	($250) of loss resulting from injury to or destruction of
133	133	property of the insured in any one accident. [The named
134	134	insured shall have the right to reject uninsured motorist
135	135	coverage as described in Subsections A and B of this section;
136	136	provided that unless the named insured requests such coverage
137	137	in writing, such coverage need not be provided in or
138	138	supplemental to a renewal policy where the named insured has
139	139	rejected the coverage in connection with a policy previously
140	140	issued to him by the same insurer ]
141	141	D. An owner of a motor vehicle shall not permit the
142	142	operation of the owner's motor vehicle upon the streets or
143	143	highways of New Mexico if the vehicle does not carry uninsured
144	144	motorist coverage pursuant to the provisions of this section.
145	145	E. A person shall not drive a motor vehicle upon
146	146	the streets or highways of New Mexico if the vehicle does not
147	147	carry uninsured motorist coverage pursuant to the provisions of
148	148	this section.
149	149	F. Selection of uninsured motorist coverage
150	150	pursuant to Subsection A of this section shall be made on a per
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179	179	vehicle basis. A separate selection form with available levels
180	180	of coverage and corresponding premiums for individual vehicles
181	181	covered must be provided to and signed by the insured.
182	182	G. As used in this section, "underinsured" means
183	183	that the sum of the available limits of liability under all
184	184	bodily injury or property damage liability insurance applicable
185	185	at the time of an accident is insufficient to pay the damages
186	186	caused to an insured motorist. "
187	187	SECTION 2. EFFECTIVE DATE.--The effective date of the
188	188	provisions of this act is January 1, 2026.
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