NM Supreme Court May Have Changed Your Car Insurance

Why it matters

Uninsured and underinsured motorist (UM/UIM) coverage helps protect you when:

The driver who hits you has no insurance, or
They don’t carry enough coverage to pay for your medical bills, car repairs or lost wages.

Without UM/UIM, even a not-your-fault crash could leave you paying the difference.

“Customers will have the option of purchasing the coverage they can afford,” wrote Justice Julie J. Vargas for the unanimous Court.

The big picture

Previously, some insurers — like Progressive, in this case — offered UM/UIM coverage on an “all-or-nothing” basis:

You had to buy it for every vehicle on your policy
Or reject it entirely, even if you only wanted it for one

The Court said that kind of structure violates the spirit of New Mexico’s law, which aims to encourage more people to carry UM/UIM — not fewer.

The case that sparked it

The ruling came in a case brought by Jared Kileen, an Albuquerque man injured in a crash in 2018
His insurer denied coverage, citing a rejection form signed by his father — but the Court found that rejection invalid
Why? Because the coverage was offered collectively for three motorcycles, with no per-vehicle pricing or breakdown

“Kileen was never afforded a meaningful opportunity to accept or reject such coverage,” the justices wrote. “His rejection of coverage… is void.”

What this means for you

If you have more than one vehicle, insurers must now let you choose UM/UIM for some and not others
They must show you the premium for each — not just a total
You can no longer be forced into an all-or-nothing decision

This gives drivers more control, more clarity — and potentially more protection.

What to do now

Check your policy documents or declaration page
Call your agent to see how your UM/UIM coverage is structured
Ask to see per-vehicle pricing — especially if you rejected coverage in the past

If your waiver wasn’t based on a clear breakdown, it might not hold up in court.