EspañolAfter an accident, one of the first questions many victims in New Mexico ask isn’t about lawsuits or insurance companies. It’s much more basic than that:
“I’m hurt, and I don’t have health insurance. What am I supposed to do?”
Not having health insurance does not mean you’re out of luck, but it does make things more challenging. New Mexico accident victims without insurance often have to be more intentional about how they get medical care. This is particularly true for people injured in auto accidents in New Mexico, where follow-up care is often necessary. The good news is that there are still options, and with the right guidance, many people can get the treatment they need. I’ve helped many clients sort through this exact issue.
Emergency Room Care in New Mexico—and Your Right to Go Back
If you are injured in an accident in New Mexico and your symptoms are serious, the emergency room should always be your starting point. Under a federal law called the Emergency Medical Treatment and Labor Act (EMTALA), hospitals that operate emergency departments are required to provide emergency medical screening and stabilizing treatment regardless of a patient’s insurance status or ability to pay.
That means being uninsured does not prevent you from going to the ER.
Just as important, you are allowed to return to the emergency room if your symptoms worsen or new symptoms develop. We often see clients who initially go to the ER and are discharged, only to experience increased pain, neurological symptoms, or complications days later. This is especially common with head injuries, concussions, and neck or back injuries.
From both a medical and legal standpoint, timely evaluation, and returning if needed, matters. Insurance companies in New Mexico frequently argue that delayed treatment means injuries were not serious. Getting checked out and documenting changes in symptoms helps protect both your health and your claim.
Med Pay Under New Mexico Law
If your injuries resulted from a car accident, Medical Payments coverage (Med Pay) can be one of the most important tools available, especially if you don’t have health insurance.
In New Mexico, Med Pay is optional coverage, but it is authorized under New Mexico’s Motor Vehicle Insurance Act. When Med Pay is included in an auto policy, it pays medical expenses related to a car accident regardless of fault. This distinction is often easier to navigate with a basic understanding of liability after an accident.
Med Pay can typically be used to cover:
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Emergency room visits
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Follow-up medical care
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Diagnostic imaging
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Other accident-related treatment
Importantly, Med Pay can be used even if you do not have health insurance. Many people carry this coverage without realizing it or don’t know how to access it properly. Reviewing available Med Pay through your own auto insurance policy early often determines whether someone can move from the ER into ongoing care without paying out of pocket.
I have written extensively about what medical payments (MedPay) coverage is.
Medical Liens and Letters of Protection (LOPs) in New Mexico
Once emergency care and Med Pay are exhausted, or if Med Pay is not available, ongoing treatment becomes more difficult for uninsured accident victims. This is where medical liens and letters of protection (often called LOPs) become critical.
In New Mexico, medical liens and LOPs are not creatures of statute in most personal injury cases. Instead, they are contractual agreements between the injured person, the medical provider, and often the attorney. Under these agreements, the provider agrees to treat the patient now and wait for payment until the injury claim is resolved.
In simple terms, the provider agrees to treat you and get paid later out of your settlement.
From the provider’s perspective, lien-based treatment involves risk. If the claim fails, the provider may not get paid. As a result, not every provider in New Mexico is willing to treat patients on a lien, especially when there is uncertainty about liability or available insurance coverage.
Letters of Protection can be confusing and there are pros and cons to using them. This article by US Claims does a good job of explaining in detail what a Letter of Protection is.
Why Having a New Mexico Attorney Helps You Get Treated
This is where having an experienced New Mexico personal injury attorney makes a real difference.
When an attorney is involved, they can vouch for the viability and recoverability of the claim. That assurance often includes confirming:
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The accident was legitimate
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Liability has been evaluated
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Insurance coverage exists
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The claim is being actively pursued
For many medical providers, that confirmation is what makes lien-based treatment acceptable. Without it, providers are understandably hesitant to take on the financial risk.
In practical terms, an attorney’s involvement often increases the likelihood that a provider will agree to treat an uninsured patient on a lien or LOP.
The Reality for Uninsured Accident Victims in New Mexico
Here at The Injury and Disability Law Center, we believe in being straightforward with our clients. Not having health insurance does make things harder. It can limit which providers are available, require more coordination, and create delays if not handled properly.
But it does not mean you should go without care.
New Mexico’s legal framework, emergency treatment requirements, Med Pay coverage, and lien-based medical arrangements, exists to ensure that injured people still have access to medical care, even when health insurance is not part of the picture.
Conclusion
If you were injured in an accident in New Mexico and don’t have health insurance, you still have options. You can go to the emergency room, you can return if your symptoms worsen, and there are lawful ways to obtain continued medical care without paying upfront.
Having an experienced New Mexico personal injury attorney involved early often improves access to treatment and helps medical providers feel comfortable extending care. More importantly, it allows you to focus on healing instead of navigating a complicated and unfamiliar system on your own.
If you’re unsure what to do next, a short conversation can often provide clarity and peace of mind. Your health is too important to ignore and you don’t have to figure this out alone.
If you’ve been hurt in a car accident and aren’t sure what your next step should be, feel free to contact us.
Our dedicated personal injury team at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form.
If you want even more information, feel free to check out my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more.
