Liability Insurance
General Liability
The University's insurance policy, provided by the New Mexico Risk Management Division (NM RMD), is coverage to protect the University and its employees from claims of negligence. Specifically, this coverage is for third party bodily injury or property damage caused by or arising out of the University's operations. There is no deductible for this coverage since the claim is filed by a third party in all cases.
If a third party reports a personal injury or property damage to you, refer them to Risk Services. Please do not tell the third party that the University will reimburse them for their medical expenses or property damage repairs; the New Mexico Tort Claims Act requires that negligence on the part of the University be investigated and decided by the coverage provider. Instead, offer assistance to the third party, including calling an ambulance if requested. Document the incident and send the documentation to Risk Services at email claims@unm.edu.
This insurance coverage protects UNM against bodily injury and property damage claims of a third party if damage or injury is caused by negligence on the part of UNM or its employees while operating a motor vehicle in the scope of their employment at the University.
- State Owned Vehicles
Coverage includes all State Agencies and Universities up to the limits required by the Tort Claims Act. In order to drive any licensed motor vehicle, an employee must be in compliance with state motor vehicle laws, i.e., being licensed to drive in the State of New Mexico and being able to show financial responsibility (by having vehicle insurance as shown by a current and valid “Evidence of Coverage” certificate issued by RMD). In addition, the employee must be in compliance with the State GSD motor vehicle rule 90-202 (or its successor) if applicable and any other additional requirements of the employer.
2. Employee Vehicles
The State will provide secondary liability coverage up to the Tort Claims limit as described in the New Mexico Tort Claims Act but this will be excess of the employee’s own vehicle coverage. The employee’s personal automobile liability, collision and comprehensive policies are primary, including applicable deductibles to be paid by the employee. The State will only provide secondary coverage for remaining financial exposure, if any, up to the Tort Claims limit. RMD recommends the agency confirms employee vehicle liability, collision and comprehensive insurance.
In the case of physical damage to an employee vehicle, the only claims to be submitted to RMD are losses exceeding the agency’s vehicle deductible after the employee has submitted the claim to their insurance company. Please submit documentation from the employee’s supervisor certifying the employee was in the course and scope of duties at the time of the accident/incident. The agency will be responsible for the applicable RMD deductible.
3. Rental Cars
Liability coverage for in state rental vehicles is self-insured, paid out of the Public Liability Fund administered by RMD. The State will provide coverage where the State or employee is responsible due to the Tort Claims Act and when the State is legally responsible. Physical damage for rental cars is covered under the Property Certificate of Coverage, subject to the applicable vehicle deductible.
4. Automobile - Uninsured, Underinsured, and Medical Payments
Pursuant to Article IX, Section 14 of the New Mexico Constitution, RMD does not provide uninsured, underinsured, or medical payments coverage.
5. Automobile Liability Coverage (Mexico)
Please contact Risk Services.
Medical malpractice tort claims and lawsuits are managed by the Office of University Counsel.
Contact:
Scot Sauder
Associate University Counsel
505-272-2463
SSauder@salud.unm.edu
Mailing Address:
Scot Sauder
Office of University Counsel
MSC09 5300
1 University of New Mexico
Albuquerque, NM 87131-0001
Phone Number: 505-272-2377
Fax Number: 505-272-1938
The University's civil rights insurance policy, provided by the New Mexico Risk Management Division (NM RMD), is protection against claims of discrimination and any violation of the property rights or any rights, privileges or immunities secured by the Constitution and Laws of the United States and the Constitution and Laws of the State of New Mexico. Please contact the Office of University Counsel (OUC) with any questions.
