New Mexico Statutes
Part 3 - FINANCIAL RESPONSIBILITY
Section 66-5-205.3 - Motor vehicle insurance policy; procedures.

A. A motor vehicle insurance policy shall:
(1) designate by explicit description or by appropriate reference all motor vehicles to which coverage is to be granted; and
(2) insure the person named in the policy and a person using any such motor vehicle with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the motor vehicle within a jurisdiction, subject to the requirement to provide evidence of financial responsibility pursuant to the Mandatory Financial Responsibility Act [66-5-201 to 66-5-239 NMSA 1978].
B. A motor vehicle insurance policy shall insure a person named as insured against loss from the liability imposed upon the person by law for damages arising out of the use, with the express or implied permission of the owner or person in lawful possession, of a motor vehicle that the insured person does not own. The policy shall insure the person within the same territorial limits and in compliance with the requirement of evidence of financial responsibility as set forth in the Mandatory Financial Responsibility Act with respect to a motor vehicle insurance policy. A motor vehicle liability policy in which the described vehicle is a private passenger car is not required to provide liability insurance coverage for a non-owned truck tractor designed to pull a trailer or semitrailer.
C. Permitted exceptions to coverage otherwise required by Subsections A and B of this section may include the following if excluded by the motor vehicle insurance policy:
(1) an automobile business exclusion;
(2) a furnished for regular use exclusion;
(3) a vehicle rented for business use exclusion if the exclusion is contained in the motor vehicle insurance policy and is enforceable;
(4) an exclusion for any liability of the United States government or its agencies when the provisions of the Federal Tort Claims Act apply;
(5) an exclusion for liability of the insured under any workers' compensation law;
(6) an exclusion for damages to property owned by, rented to, in the charge of or transported by an insured; provided, however, that this exclusion shall not apply to damages to a residence or private garage rented by an insured; and
(7) an exclusion to apply when a vehicle is rented to others or used to carry persons for a charge, including when a vehicle is being used while logged on to a transportation network company's digital network or while a driver provides a prearranged ride; provided, however, that this exclusion shall not apply to use on a shared expense basis.
D. The motor vehicle insurance policy shall state the name and address of the insured, the coverage afforded by the policy, the premium charged, the policy period and the limits of liability. The policy shall also contain an agreement or endorsement that states that the insurance is:
(1) provided in accordance with the coverage defined in the Mandatory Financial Responsibility Act regarding bodily injury and death or property damage or both; and
(2) subject to all the provisions of that act.
E. Every motor vehicle insurance policy shall be subject to the following provisions, which may be contained in the policy:
(1) the policy may not be canceled or annulled as to the liability of the insurance carrier with respect to the insurance required by the Mandatory Financial Responsibility Act by an agreement between the insurance carrier and the insured after the occurrence of the injury or damage;
(2) the satisfaction by the insured of a judgment for injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to pay on account of injury or damage;
(3) the insurance carrier has the right to settle a claim covered by the policy. If the settlement is made in good faith, the amount of the settlement is deductible from the limits of liability specified in the Mandatory Financial Responsibility Act; and
(4) the policy, the declarations page, the written application and a rider or an endorsement that does not conflict with the provisions of the Mandatory Financial Responsibility Act constitute the entire contract between the parties.
F. A binder issued pending the issuance of a motor vehicle insurance policy is deemed to fulfill the requirements for the policy.
History: Laws 2003, ch. 171, § 1; 2016, ch. 80, § 23.
Cross references. — For the Federal Tort Claims Act, see 28 U.S.C. § 2671 et seq.
The 2016 amendment, effective May 18, 2016, permitted a motor vehicle insurance exception to coverage when a vehicle is being used for a transportation network company; in Subsection C, Paragraph (7), after "to carry persons for a charge", added "including when a vehicle is being used while logged on to a transportation network company's digital network or while a driver provides a prearranged ride".
No direct claim. — The Mandatory Financial Responsibility Act does not state that a person who suffers damages has a direct claim against an insurance company. Little v. Gill, 2003-NMCA-103, 134 N.M. 321, 76 P.3d 639.
Law reviews. — For comment, "A Third-Party Claimant Becomes an Insured: Hovet v. Allstate and the Expanding Right to Sue Under New Mexico Insurance Code," see 35 N.M. L. Rev. 651 (2005).

Structure New Mexico Statutes

New Mexico Statutes

Chapter 66 - Motor Vehicles

Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards

Part 3 - FINANCIAL RESPONSIBILITY

Section 66-5-201 - Short title.

Section 66-5-201.1 - Purpose.

Section 66-5-202 - Repealed.

Section 66-5-203 - Director to administer act.

Section 66-5-204 - Administrative and court review.

Section 66-5-205 - Vehicle must be insured or owner must have evidence of financial responsibility; penalties.

Section 66-5-205.1 - Uninsured motorist citation; requirements to be followed at time of accident; subsequent procedures; insurer notification requirements; suspension procedures.

Section 66-5-205.2 - Repealed.

Section 66-5-205.3 - Motor vehicle insurance policy; procedures.

Section 66-5-206 - Registration without insurance or evidence of financial responsibility prohibited; suspension required.

Section 66-5-207 - Exempt motor vehicles.

Section 66-5-207.1 - Self-insurers.

Section 66-5-208 - Evidence of financial responsibility; amounts and conditions.

Section 66-5-209 - Meaning of "judgment".

Section 66-5-210 - Settlement agreements for payment of damages.

Section 66-5-211 - When courts to report nonpayment of judgments.

Section 66-5-212 - Application to nonresidents, unlicensed drivers, unregistered vehicles and accidents in other states.

Section 66-5-213 - Exception when consent granted by judgment creditor.

Section 66-5-214 - Discharge in bankruptcy.

Section 66-5-215 - Payments sufficient to satisfy requirements.

Section 66-5-216 - Installment payment of judgments; default.

Section 66-5-217 - Action if breach of agreement.

Section 66-5-218 - Alternate methods of giving evidence.

Section 66-5-219 - Repealed.

Section 66-5-220 - Default by nonresident insurer.

Section 66-5-221 - Repealed.

Section 66-5-222 - Driver exclusion endorsement form.

Section 66-5-223 - Repealed.

Section 66-5-224 - Act not to affect other policies.

Section 66-5-225 - Bond as evidence.

Section 66-5-226 - Cash deposit as evidence.

Section 66-5-227 - Application of cash deposit.

Section 66-5-228 - Substitution of evidence.

Section 66-5-229 - Duration of evidence; when filing of evidence may be waived.

Section 66-5-230 - Surrender of license and registration.

Section 66-5-231 - Forged evidence.

Section 66-5-232 - Sampling; letter to owner.

Section 66-5-233 - Affirmation form.

Section 66-5-234 - Registration; application and renewal.

Section 66-5-235 - False affirmation; violation.

Section 66-5-236 - Suspension for nonpayment of judgment or for false affirmation.

Section 66-5-237 - Past application of act.

Section 66-5-238 - Act not to prevent other process.

Section 66-5-239 - No civil liability.

Section 66-5-240 - Recompiled.

Section 66-5-241 - Repealed.

Section 66-5-242 - Recompiled.

Section 66-5-243 - Repealed.

Section 66-5-244 - Recompiled.

Section 66-5-245 - Recompiled.

Section 66-5-246 - Repealed.

Section 66-5-247 - Recompiled.

Section 66-5-248 - Recompiled.

Section 66-5-249 to 66-5-277 - Repealed.