New Mexico's uninsured motorist laws require the operator of a motor vehicle to carry insurance. An uninsured motorist who is stopped by a law enforcement officer may have his or her license plate seized or defaced until evidence of insurance or financial responsibility can be shown. Anyone violating these laws commits a misdemeanor.
Evidence of Vehicle Insurance or Financial Responsibility
Section 66-5-205 provides:
A. No owner shall permit the operation of an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility is not currently valid unless the vehicle is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.
B. No person shall drive an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility is not currently valid unless he is specifically exempted from the provisions of the Mandatory Financial Responsibility Act.
C. For the purposes of the Mandatory Financial Responsibility Act, "uninsured motor vehicle" means a motor vehicle for which a motor vehicle insurance policy meeting the requirements of the laws of New Mexico and of the secretary is not in effect or a surety bond or evidence of a sufficient cash deposit with the state treasurer.
Uninsured Motorist
Section 66-5-205.1 provides:
A. When a law enforcement officer issues a driver who is involved in an accident a citation for failure to comply with the provisions of the Mandatory Financial Responsibility Act, the law enforcement officer shall at the same time:
(1) issue to the driver cited a temporary operation sticker, valid for thirty days after the date the sticker is issued, and forward by mail or delivery to the department a duplicate of the issued sticker; and
(2) remove the license plate from the vehicle and send it with the duplicate of the sticker to the department or, if it cannot be removed, permanently deface the plate.
B. The department shall return or replace, in its discretion, a license plate removed under the Paragraph A(2) or replace a license plate defaced under that paragraph when the violater furnishes proof of compliance to the department and pays to the division a reinstatement fee of $25.00. If a person to whom the temporary operation sticker is issued furnishes to the department, within fifteen days after the issuance of the sticker, evidence of financial responsibility and in effect on the date and at the time of the issuance of the sticker, the department shall replace or return the license plate and waive the twenty-five dollar $25.00 reinstatement fee.
Penalties
E. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be sentenced to a fine not to exceed three hundred dollars $300.
Find an Attorney
If you operate a motor vehicle in New Mexico without insurance or evidence of financial responsibility, you commit a misdemeanor and can be fined up to $300. Find an attorney experienced with New Mexico's motor vehicle laws to determine any possible liability.
