This bill amends various sections of Chapter 48, Article 8 of the New Mexico Statutes regarding liens imposed by service providers for personal injury damages. It expands the definition of "service provider" to include a broader range of entities that provide care to injured patients, not just hospitals. The bill stipulates that service providers can assert liens on damages recovered by patients, and it establishes that these providers are liable for a share of attorney fees and costs incurred in securing judgments or settlements. Additionally, it outlines the necessary steps for filing a lien, including providing written notice to the liable party and maintaining proper records with the county clerk.

Furthermore, the bill introduces new provisions related to subrogation rights in the context of uninsured motorist coverage under the Motor Vehicle Code. It specifies that insurers may recover proceeds against third parties in subrogation, provided certain conditions are met, such as including insured parties as named plaintiffs in any action. The bill also establishes that if a driver is covered by a minimum liability policy at the time of an alleged loss, they are immune from third-party subrogation actions for underinsured benefits paid in excess of those limits. The provisions of this act will apply to lien enforcement actions filed on or after July 1, 2025, with an effective date of the same.

Statutes affected:
introduced version: 48-8-1, 48-8-2, 48-8-3, 48-8-4, 48-8-5, 48-8-7, 66-5-301