Welcome to the Lucero v Nationwide Settlement Website.


A settlement has been reached in the case Patricia Lucero, individually and on behalf of other similarly situated individuals, v. Nationwide Mutual Insurance Company, et al., Case No. 19-cv-00311-WJ-JMR, entitling some insureds who had an underinsured motorist (“UIM”) claim reduced or “offset” by the amount paid by the at-fault driver in an accident between October 1, 2010, and March 31, 2022, to a supplemental payment, and others who purchased uninsured/underinsured motorist (“UM/UIM”) coverage between those dates to receive a partial refund of their premium.

Plaintiff alleges that Nationwide Mutual Insurance Company, Nationwide Property and Casualty Insurance Company, Nationwide General Insurance Company, Nationwide Insurance Company of America, Nationwide Assurance Company, Nationwide Mutual Fire Insurance Company, Titan Indemnity Company, and Victoria Fire and Casualty Company (collectively referred to as “Nationwide”) breached their automobile insurance policy contracts, were negligent, unjustly enriched, breached the duty of good faith and fair dealing, and violated New Mexico’s Unfair Trade Practices Act by failing to properly advise Plaintiff and other New Mexico insureds that any amounts payable on an underinsured motorist claim are required by law to be reduced, or “offset”, by amounts the insured received from the insurer of the driver who was at fault for the auto accident. Defendants maintain they complied with the terms of the automobile insurance policies and applicable law and deny they acted wrongfully or unlawfully and continue to deny all material allegations.


IF YOU ARE A SETTLEMENT CLASS MEMBER, THIS LEGAL PROCEEDING MAY AFFECT YOUR RIGHTS.

Your Legal Rights and Options

Submit a Claim Form for Payment by March 30, 2026

You may submit a Claim Form for payment of $25,000.00, if you submitted an underinsured motorist coverage claim during the class period of October 1, 2010, through March 31, 2022, that was reduced, or “offset,” by the amount you received from the insurer of the at-fault driver.

NOTE, if the driver of the vehicle that was at-fault in the accident had no liability insurance, then you had an uninsured motorist coverage claim, not an underinsured motorist claim, and you are not eligible for payment under this option.

You can submit a claim by signing the Claim Form and putting the Claim Form in the mail or using the online portal on this website.

Do Nothing

If you do not submit a Claim related to an accident during the Class Period, but you purchased a New Mexico automobile insurance policy with UM/UIM coverage during that period, you will automatically receive a check in the mail. The amount of that check will be based upon a portion of the total UM/UIM premiums you paid during the period, the number of Settlement Class Members, and the amount of the Settlement Fund available after paying the claims described above, attorneys’ fees, Incentive Award, and costs of Settlement Administration.

Exclude Yourself From the Settlement by February 28, 2026

You have the right to not be part of the Settlement by excluding yourself or “opting out” of the Settlement Class. If you wish to exclude yourself, you must do so on or before February 28, 2026, following the instructions provided in the FAQ portion of this website.

Object to the Terms of the Settlement by February 28, 2026

If you think the terms of the Settlement are not fair, reasonable, or adequate to the Settlement Class Members, you may file a Notice of Intent to object to the terms of the Settlement. If you object to the terms of the Settlement, you cannot request exclusion from the Settlement. If you object to the terms of the Settlement and your objection is overruled, you will be bound by the terms of the Settlement and all rulings and orders from the Court.

These rights and options—and the deadlines to exercise them—are explained further in the Notice



Important Dates
  • October 1, 2010 - March 31, 2022
    Class Period
  • March 30, 2026
    Deadline to Submit a Claim Form
  • February 28, 2026
    Deadline to Exclude Yourself from the Settlement
  • February 28, 2026
    Deadline to Object to the Settlement


Start Your Claim