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Does Uninsured Motorist insurance cover the upside down amt on the loan?: My car was totaled in an accident with a semi truck/trailer. The truck driver left the scene of the accident, it was dark and I got no info off of the truck. The Sheriff department could not track them down so my insurance is left holding the bag. I was still paying on my car and upside down. Will my Uninsured Motorist cover the gap? I am not sure what all the Uninsured Motorist will cover.

Asked 3 months ago in Car Accident

Mark’s answer: Yes, your uninsured motorist should cover you for injuries and property damage. You don't have to worry about a "gap". Under NM state law there is a $250 deductible. It doesn't matter whether you have comprehensive or collision, as long as you have uninsured motorist coverage. Your insurance will pay for damages to vehicle plus all personal injury damages that you suffer.

Answered 3 months ago.


I want to file a suit against them for defamation: an insurance company is suing me for an accident that occured in 2013, 4 years ago. They say on or about the day it happened and that my car was uninsured. The suit is for $3000.00. There is no way this was me because I have never had an accident. I do not know if they have a police report but they have served me with court papers. They have an attorney. What can I do about this im very angry! Thank you so much for your help!

Asked 4 months ago in Car Accident

Mark’s answer: Is this your first notice of a claim against you, or has this been going on for quite some time. I would have expected the insurance company to contact you and sue you a long time ago if it happened four years ago. Is this a personal injury claim or property damage claim against you. Unless you have already been sued, there is only a three year statute of limitations for personal injury claims in New Mexico. You wouldn't be able to sue for defamation, but would need to fight the insurance company on the claim. Hopefully they have sued you in small claims court. Make sure to request a copy of the police report and review it carefully. Does it have your name or your vehicle identified? Be prepared to explain where you were....if you even know where you were at four years ago. You may need to hire an attorney if the lawsuit was not filed in small claims court.

Answered 4 months ago.


I was rear-ended. Their company is low balling and my lawyer was worthless, so I just separated from them. What do I do now?: I was rear-ended in MA. I spent 1 year rehabbing my neck and back. My car was totaled. My medical bills were $15K, including 3 rounds of injections. Their insurance company is offering $7500. My lawyer tells me I will get $1800. I can't work do to chronic pain. I am just disgusted.

I am separating from my lawyer as it has been almost 4 years (in June) and $1800 is my proposed settlement. I don't know where the woman who hit me lives, as she was visiting MA. I think she is in WA. I don't know where the insurance co is out of, but I am thinking the same state (I will know more once I get the file). I lived in MA, but now live in NM. What can I do now? Is there any hope for this case. I could sure use a break.

Asked 4 months ago in Personal Injury

Mark’s answer: You will need a MA attorney to represent you. You really need to give a lot of thought before you terminate your attorney. This attorney is in the best position to give you the best information possible about your case. It is really dangerous to terminate an attorney who is already so intimately involved in your case and try to find an attorney to take it over. What if you cannot find a new attorney after you terminate your current attorney.

Answered 4 months ago.