Under New Mexico law, any time a truck driver is involved in a New Mexico truck accident, the driver is required to stop and exchange information with any other party who was involved in the accident. Additionally, the truck driver must arrange to get anyone injured in the accident the necessary medical treatment. Often, the means calling 911 and waiting for emergency personnel to arrive.
When a truck driver flees after causing an accident, he may be criminally liable when apprehended by authorities. However, the fact that a driver fled the scene may be an indication that they do not have insurance. Even if a driver is located, there is the possibility that they do not have adequate insurance to cover the expenses of the accident victims. Under New Mexico law, drivers are only required to have $25,000 in coverage per person and $50,000 per accident. In situations in which an at-fault motorist does not have adequate insurance, accident victims can file a claim with their own insurance company under the underinsured motorist provision.
Filing a claim, however, is by no means a guarantee that an accident victim will receive fair compensation for their injuries. If an insurance company believes there is any basis to reject an accident victim’s claim – for example, if the accident victim was partially at fault – the insurance company may offer a very low settlement figure or deny the claim altogether.