New Mexico Administrative Code
Title 13 - INSURANCE
Chapter 12 - MOTOR VEHICLE INSURANCE
Part 3 - UNINSURED AND UNKNOWN MOTORISTS COVERAGE
Section 13.12.3.14 - REQUIRED POLICY DEFINITIONS
Universal Citation: 13 NM Admin Code 13.12.3.14
Current through Register Vol. 35, No. 18, September 24, 2024
A. Insured means:
(1) the [*] as stated in the policy and,
while residents of the same household, the spouse of any such [*] and relatives
of either;
(2) any other person
while occupying an insured motor vehicle; and
(3) any person with respect to damages he is
entitled to recover because of bodily injury to which this endorsement applies
sustained by an insured under Paragraphs (1) and (2) of Subsection A of
13.12.3.14 NMAC.
(4) The insurance
applies separately with respect to each insured, but the application of the
insurance to more than one insured shall not operate to increase the limits of
the company's liability.
B. Insured motor vehicle means a motor vehicle:
(1) described in the
schedule as an insured motor vehicle to which the bodily injury and property
damage liability coverages of the policy apply;
(2) while temporarily used as a substitute
for an insured motor vehicle as described in Paragraph (1) of Subsection B of
13.12.3.14 NMAC], when withdrawn from normal use because of its breakdown,
repair, servicing, loss or destruction;
(3) while being operated by the [*] or by his
spouse if a resident of the same household;
(4) but the term "insured motor vehicle"
shall not include:
(a) a motor vehicle while
used as a public or livery conveyance;
(b) a motor vehicle while being used without
the permission of the owner;
(c)
under Paragraphs (2) and (3) of Subsection B of 13.12.3.14 NMAC, a motor
vehicle owned by the [*] or by any resident of the same household as such
insured; or
(d) under Paragraphs
(2) and (3) of Subsection B of 13.12.3.14 NMAC, a motor vehicle furnished for
the regular use of the [*] or any resident of the same household.
C. Uninsured motor vehicle means:
(1) a motor
vehicle with respect to the ownership, maintenance or use of which there is, in
at least the amounts specified by the financial responsibility law of New
Mexico, no bodily injury and property damage liability bond or insurance policy
applicable at the time of the accident with respect to any person or
organization legally responsible for the use of the motor vehicle, or with
respect to which there is a bodily injury and property damage liability bond or
insurance policy applicable at the time of the accident but the company writing
the same denies coverage thereunder or is or becomes insolvent; or
(2) a hit-and-run motor vehicle as
defined;
(3) but the term
"uninsured motor vehicle" shall not include:
(a) an insured motor vehicle;
(b) a motor vehicle owned by or furnished for
the regular use of the [*], his spouse, or a relative of either who is a
resident of the same household;
(c)
a motor vehicle which is owned or operated by a self-insurer within the meaning
of any motor vehicle financial responsibility law, motor carrier law or similar
law;
(d) a motor vehicle which is
owned by the United States of America, Canada, a state, a political subdivision
of any such government or agency of any of the foregoing;
(e) a land motor vehicle or trailer if
operated on rails or crawler-treads or while located for use as a residence or
premises and not as a vehicle; or
(f) a farm type tractor or equipment designed
for use principally off public roads, except while actually upon public
roads.
D. Hit-and-run motor vehicle means a motor vehicle which causes bodily injury to an insured or property damage arising out of physical contact or attempted physical contact of the motor vehicle with:
1) the insured;
2) a vehicle which the insured is occupying
at the time of the accident; or
3)
property of the insured, provided:
(1) there
cannot be ascertained the identity of either the operator or the owner of such
"hit-and-run motor vehicle";
(2)
the insured or someone on his behalf shall have reported the accident within 24
hours to a police, peace or judicial officer or to the director of the motor
vehicle division, and shall have filed with the company within 30 days
thereafter a statement under oath that the insured or his legal representative
has a cause or causes of action arising out of such accident for damages
against a person or persons whose identity is unascertainable, and setting
forth the facts in support thereof; and
(3) at the company's request, the insured or
his legal representative makes available for inspection the motor vehicle which
the insured was occupying at the time of the accident.
E. Occupying means in or upon or entering into or alighting from.
F. State includes the District of Columbia, a territory or possession of the United States, and a province of Canada.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
