Travelers Insurance New Mexico UIM Settlement: Get 29% of Your Premiums Back or Claim a Reevaluation — Deadline September 27, 2026
Travelers New Mexico UIM Coverage Class Action Settlement
Travelers has agreed to a class action settlement over allegations that it collected premiums for illusory or misleading underinsured motorist (UIM) automobile insurance coverage and improperly applied offsets to UIM benefits paid on automobile accident claims. New Mexico policyholders or insureds who had UIM coverage with Travelers between January 1, 2015 and August 16, 2022 can choose to receive 29% of their UIM premiums back, or request a reevaluation of their UIM claim without the offset applied.
Payment structure
29% of UIM premiums
No common fund — individual payments
Top payout
29% of UIM premiums
Paid back to eligible policyholders
Claim deadline
Sep 27, 2026
101 days remaining
You may be owed money
Filing is free and takes a few minutes. Deadline: Sep 27, 2026.
Do you qualify?
You are a Class Member if ALL of the following apply:
- You were a New Mexico policyholder or had UIM coverage with Travelers (any of the listed Travelers entities) at any time between January 1, 2015 and August 16, 2022.
- You qualify even if you are no longer insured with Travelers, were a passenger or authorized driver (not the named insured), previously made a UIM claim, or never made a UIM claim.
- Heirs, executors, administrators, successors, and assigns of qualifying policyholders are also included.
- Excluded: All present or former officers and/or directors of the Defendants, Class Counsel and their resident relatives, the Judge in the Action and resident relatives thereof, and Defendants' counsel of record in the Action and their resident relatives.
Not sure if you qualify? Call the Settlement Administrator at 1-877-367-8719, email info@AguilarUIMClassSettlement.com, or visit AguilarUIMClassSettlement.com.
What happened
Plaintiffs Carlos Aguilar-Tafoya and Bradley Brewton filed this class action against multiple Travelers insurance entities, alleging that Travelers breached its insurance contracts and violated New Mexico law by selling illusory or misleading underinsured motorist (UIM) coverage. The complaint alleges Travelers failed to explain the effect of an offset against UIM coverage of the at-fault driver's liability coverage, as required under New Mexico law following Schmick v. State Farm Mutual Automobile Insurance Company, and improperly applied that offset to reduce or eliminate UIM benefits owed to policyholders.
Travelers denies the allegations and denies any wrongdoing or liability, maintaining that it complied with all applicable insurance policies and New Mexico law. The parties agreed to settle to avoid the cost, risk, and time of continued litigation.
How to file a claim
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1. Confirm you are eligible
You qualify if you were a New Mexico policyholder or insured under a Travelers automobile insurance policy that included UIM coverage at any point between January 1, 2015 and August 16, 2022. This includes passengers or authorized drivers of covered vehicles, even if you were not the named insured.
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2. Choose your payment option
You have two options (but can only choose one). Option 1 (Claim Formula): If your UIM claim was denied or reduced due to a Schmick offset, you can request your claim be reevaluated without the offset. If your claim involved wrongful death, Travelers will auto-pay the offset amount. Option 2 (Premium Formula): Receive 29% of all UIM premiums you paid to Travelers during the Class Period. The premium formula is available to all class members and does not require documentation of a prior claim.
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3. File online or by mail
Submit the Claim Form online at AguilarUIMClassSettlement.com/Login by September 27, 2026, or mail a paper Claim Form (postmarked by September 27, 2026) to: Aguilar-Tafoya and Brewton v. Travelers, Claims Administrator, P.O. Box 5413, Portland, OR 97228-5413.
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4. Receive your payment
Payments for Option 2 (premium formula) claims will be issued no later than 60 days after the claim deadline. Payments for Option 1 (claim reevaluation) will be issued no later than 90 days after the claim deadline, or within 30 days after a Neutral Evaluator decision if your claim is referred for review. Payments will not be sent until the Court grants final approval and any appeals are resolved.
Key dates
- Jun 29, 2026 Opt-out & objection deadline Soon
- Sep 27, 2026 Claim filing deadline Upcoming
- Jul 29, 2026 Final Fairness Hearing (9:00 a.m. MT, in person) Upcoming
- TBD after final approval Payments issued to claimants Pending
The Final Approval Hearing is scheduled for July 29, 2026 at 9:00 a.m. before the Honorable James O. Browning at the United States District Court for the District of New Mexico, 333 Lomas Boulevard NW, Albuquerque, NM 87102. The Court may move the hearing, so check AguilarUIMClassSettlement.com or call 1-877-367-8719 for updates before traveling.
Where the money is going
This settlement does not use a traditional common fund. Travelers pays eligible class members individually based on their chosen payment option. Attorneys' fees and costs (up to $2.1 million) and all notice and administration costs are paid separately by Travelers and do not reduce what class members receive.
All fee and cost awards are subject to Court approval at the July 29, 2026 Fairness Hearing. The Court may award less than the amounts requested. Attorneys' fees do not reduce any class member's individual payment.
Common questions
How much money will I receive?
You have two options. Under Option 2 (premium formula), you receive 29% of all UIM premiums you paid to Travelers between January 1, 2015 and August 16, 2022. Under Option 1 (claim formula), your prior UIM claim is reevaluated without the Schmick offset applied; depending on your damages, you may receive less than the full offset amount or nothing if you elect this option. Wrongful death claimants are automatically paid the offset amount with no Claim Form required. You can only choose one option. Attorneys' fees are paid separately by Travelers and do not reduce your payment.
Do I need to submit proof of purchase?
For Option 2 (premium formula), no documentation is required beyond the Claim Form. For Option 1 (claim reevaluation), you may be required to provide supporting documentation about your claim upon request from the Claims Administrator. If you disagree with the Travelers evaluation under Option 1, you can request review by a Neutral Evaluator, whose decision is final and non-appealable.
What if I didn’t receive a notice?
You can still file a Claim Form even if you did not receive a direct notice. If you were insured under a New Mexico Travelers automobile policy that included UIM coverage at any point between January 1, 2015 and August 16, 2022, you are likely a class member. Visit AguilarUIMClassSettlement.com or call the Settlement Administrator toll-free at 1-877-367-8719.
Does staying in the class affect my right to sue later?
Yes. Unless you opt out by mailing a written exclusion request postmarked by June 29, 2026, you will be bound by the Settlement and will release all claims related to UIM coverage premiums, the Schmick offset, and related issues against Travelers and all Released Parties. That means you cannot sue Travelers separately on these issues. The full release language is in the Settlement Agreement, available at AguilarUIMClassSettlement.com. To opt out, mail a written exclusion request containing your name, address, the case name, and your signature to the Claims Administrator at P.O. Box 5413, Portland, OR 97228-5413.
When will payments be sent out?
The Court will hold the Final Approval Hearing on July 29, 2026 at 9:00 a.m. in Albuquerque, NM. Payments for the premium formula (Option 2) will be issued no later than 60 days after the September 27, 2026 claim deadline. Payments for claim reevaluation (Option 1) will be issued within 90 days of the claim deadline, or within 30 days of a Neutral Evaluator decision. No action is required after a valid Claim Form is submitted. Check AguilarUIMClassSettlement.com for updates.
Dapeer Law, P.A.
Consumer class action attorneys based in South Florida. We track settlements so you don’t have to.
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This page is for informational purposes only and does not constitute legal advice. Dapeer Law, P.A. is not the administrator of this settlement and is not affiliated with The Travelers Indemnity Company, The Standard Fire Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty Insurance Company of America, The Travelers Casualty Company, Travelers Casualty Company of Connecticut, Travelers Indemnity Company of America, Travelers Indemnity Company of Connecticut, Travelers Personal Insurance Company, Travelers Personal Security Insurance Company, Travelers Property Casualty Company of America, Travelers Property Casualty Insurance Company, Travelers Commercial Casualty Company, and Travelers Commercial Insurance Company, Epiq Class Action & Claims Solutions (the Settlement Administrator), or Class Counsel Geoffrey Romero of Romero, Harada, and Winters, LLC, Corbin Hildebrandt of Corbin Hildebrandt, P.C., Kedar Bhasker of Law Office of Kedar Bhasker, LLC, Andrea Harris of Valle, O'Cleireachain, Zamora, and Harris, P.C., and Bryan Williams of Williams Injury Law, P.C. The case is Aguilar-Tafoya and Brewton v. The Travelers Indemnity Company, et al., Case No. 1:23-0247 JB/JMR, pending in the U.S. District Court for the District of New Mexico before the Honorable James O. Browning. Class representatives are Carlos Aguilar-Tafoya and Bradley Brewton. Travelers denies wrongdoing. This website is attorney advertising. Past results do not guarantee future outcomes.