Does New Mexico Allow UM/UIM Stacking? What NMSA 66-5-301 Says

By the FigureMyTax Editorial Team · How we calculate

New Mexico's statute neither permits nor bars stacking. It requires UM that includes underinsured coverage, and courts decide stacking from the premiums charged and whether the insured signed a clear written rejection.

Required UM and UIM

NMSA 66-5-301(A) says no auto liability policy may be delivered for a vehicle registered or principally garaged in New Mexico without UM in at least the statutory minimum limits and any higher limits you choose up to your liability limits. Subsection B says it includes underinsured coverage, defining an underinsured motorist as one whose liability limits at the time of the accident are less than your UM limits.

Rejection

Subsection C lets the named insured reject UM coverage, and unless the insured requests it in writing it need not be provided on a renewal after a rejection. UM carries an exclusion of up to the first $250 of property damage.

Minimum limits

The financial responsibility act uses amounts of $25,000 per person, $50,000 per accident and $10,000 for property damage (NMSA 66-5-215).

What the statute leaves to the courts

Nothing in this section bars or allows adding limits across vehicles or policies. The court decisions we read only in part call stacking a judicially created doctrine and set the rules on separate premiums and written rejections; see the stacked versus single-limit explainer. Ask an attorney how they apply to your policy.

How to use this

Compare the results in the New Mexico UM/UIM stacking calculator and read how New Mexico UM covers underinsured drivers.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New Mexico's rules apply to your specific case with a licensed New Mexico attorney.