$2.65M Nationwide New Mexico Motorist UIM Settlement, Claim Up to $25,000 Before the Deadline
Nationwide Mutual Insurance Co. and its affiliated companies agreed to pay $2,650,000 to settle a class action lawsuit alleging they failed to properly inform New Mexico policyholders that underinsured motorist claims would be reduced by the amount paid by the at-fault driver’s insurer — an practice known as the “Schmick offset.” New Mexico residents who held a Nationwide UM/UIM auto policy or had a UIM claim offset between October 1, 2010, and March 31, 2022, may be eligible for up to $25,000 in compensation or an automatic partial premium refund. Offset subclass members must file a claim by March 30, 2026 — 19 days from today. Other class members do not need to act: their premium refund will be sent automatically.
Quick Facts
| Field | Detail |
| Case Name | Patricia Lucero, et al. v. Nationwide Mutual Insurance Co., et al., Case No. 19-cv-00311-WJ-JMR |
| Court | U.S. District Court, District of New Mexico |
| Settlement Amount | $2,650,000 |
| Class Period | October 1, 2010 – March 31, 2022 |
| Who Qualifies | New Mexico residents who purchased a Nationwide UM/UIM auto policy OR had a UIM claim reduced by a Schmick offset during the class period |
| Offset Subclass — Maximum Payout | Up to $25,000 (capped at $890,000 total; pro-rata if exceeded) |
| Other Settlement Class — Payout | Automatic partial premium refund (no claim required) |
| Claim Deadline | March 30, 2026 (offset subclass only) |
| Opt-Out Deadline | February 28, 2026 (passed) |
| Final Approval Hearing | TBD |
| Administrator | Epiq Global (1-877-269-4987 / [email protected]) |
| Official Website | LuceroUIMSettlement.com |
| Class Counsel | Corbin Hildebrandt, P.C.; Romero, Harada & Winters; Kedar Bhasker of Bhasker Law |
Urgent: Claim Deadline Is March 30, 2026
If you had a Nationwide UIM claim that was reduced or offset between October 1, 2010, and March 31, 2022, you have until March 30, 2026, to file a claim. This deadline applies only to offset subclass members. If you miss it, you cannot receive the up-to-$25,000 payment. The opt-out deadline of February 28, 2026, has already passed — you can no longer exclude yourself from the settlement.
What Is the Nationwide UIM Lawsuit About?
Uninsured/Underinsured Motorist (UIM) coverage is designed to protect you when an at-fault driver does not carry enough insurance to cover your injuries and losses. If the other driver’s insurer pays $15,000 but your damages are $40,000, your UIM coverage should theoretically pay the gap.
The lawsuit alleged that Nationwide and its affiliates applied what is known as a “Schmick offset” — reducing the UIM benefit paid to policyholders by the amount the at-fault driver’s insurer already paid. Under this practice, if the at-fault driver’s insurer paid $15,000 and your UIM policy limit was $25,000, Nationwide would pay only $10,000 instead of the full $25,000. Plaintiffs alleged Nationwide failed to clearly inform policyholders that this offset would apply, in violation of New Mexico contract law and consumer protection statutes.
The lawsuit asserted claims for breach of contract, negligence, unjust enrichment, bad faith, and violations of New Mexico’s Unfair Trade Practices Act. Nationwide denies all wrongdoing and agreed to settle to avoid the costs and risks of continued litigation. The Schmick offset issue has produced a wave of similar class action settlements against multiple auto insurers in New Mexico — this Nationwide case follows the same legal theory resolved in the Liberty Mutual and Progressive settlements covering the same class period.
Who Is Eligible?
The settlement covers two distinct groups, each with different benefits and different required actions.
Offset Subclass Members — Must File a Claim by March 30, 2026
You are an offset subclass member if you had an underinsured motorist claim with Nationwide Mutual Insurance Co. or a related company between October 1, 2010, and March 31, 2022, and Nationwide reduced or offset that claim by the amount paid by the at-fault driver’s insurer.
Other Settlement Class Members — No Action Required
You are an other settlement class member if you purchased a New Mexico automobile insurance policy from Nationwide or a related Nationwide affiliate that included UM/UIM coverage at any time between October 1, 2010, and March 31, 2022 — even if you never filed a UIM claim or had a claim offset.
Nationwide affiliates covered include all companies operating as part of the Nationwide Mutual Insurance group that issued New Mexico auto policies with UM/UIM coverage during the class period. Check your policy declarations page to confirm the issuing company name.
How Much Will You Receive?
Your payment depends on which group you belong to.
Offset Subclass Members:
| Detail | Amount |
| Maximum payment per class member | Up to $25,000 |
| Total fund allocated to offset subclass | Up to $890,000 |
| If total valid claims exceed $890,000 | Payments reduced pro-rata |
The settlement administrator will verify offset subclass claims using Nationwide’s business records. You do not need to submit extensive documentation — you only need to provide the date of your loss or crash when filing.
Other Settlement Class Members (Automatic Premium Refund):
| Detail | Amount |
| Refund type | Partial refund of UM/UIM premiums paid during class period |
| Calculation basis | Pro-rata share of remaining settlement fund after offset subclass payments, attorneys’ fees, service award, and administration costs |
| Action required | None — check mailed automatically to last known address |
The automatic refund amount for other class members depends on the total UM/UIM premiums all eligible class members paid during the class period, the number of eligible class members, and what remains in the fund after higher-priority deductions.
Settlement fund breakdown:
| Deduction | Amount |
| Attorneys’ fees, costs, and expenses | Up to $950,592 |
| Service award to class representative (Patricia Lucero) | $10,000 |
| Settlement administration costs | TBD |
| Offset subclass payments | Up to $890,000 |
| Other class member premium refunds | Remaining funds |
How to File a Claim (Offset Subclass Members Only)
Step 1 — Confirm you are an offset subclass member. You must have had an active UIM claim with Nationwide or an affiliated company that was reduced by the amount the at-fault driver’s insurer paid, between October 1, 2010, and March 31, 2022.
Step 2 — Locate the notice postcard or email sent by Epiq Global on behalf of the settlement. Your unique settlement ID and PIN are printed on the notice and are required to file online.
Step 3 — File your claim online at LuceroUIMSettlement.com using your settlement ID and PIN, OR download and complete the PDF claim form at LuceroUIMSettlement.com and mail it to: Patricia Lucero v. Nationwide Mutual Insurance Co., et al., c/o Settlement Administrator, P.O. Box 5358, Portland, OR 97208-5358.
Step 4 — Provide the date of the loss or crash connected to your UIM claim. This is the only documentation required. The settlement administrator will verify your claim using Nationwide’s business records.
Step 5 — Submit online or ensure your completed, signed claim form is postmarked no later than March 30, 2026. Missing this deadline means you will not receive a payment.
Step 6 — If you lost your notice or do not have your settlement ID and PIN, contact Epiq Global immediately at 1-877-269-4987 or [email protected] before the March 30, 2026 deadline.
Other settlement class members do not need to file a claim. A check will be mailed automatically to your last known address after final approval. If your address has changed, update it with the administrator at 1-877-269-4987 or [email protected] as soon as possible.
Important Deadlines & Dates
| Milestone | Date |
| Class Period Start | October 1, 2010 |
| Class Period End | March 31, 2022 |
| Lawsuit Filed (Lucero v. Nationwide) | 2019 |
| Opt-Out Deadline | February 28, 2026 (passed) |
| Claim Filing Deadline (Offset Subclass) | March 30, 2026 |
| Final Approval Hearing | TBD |
| Expected Payment Date | After final approval and resolution of any appeals |
Frequently Asked Questions
Can I still opt out of this settlement?
No. The opt-out deadline was February 28, 2026, and has now passed. You are bound by the settlement and its release provisions. You can still file a claim if you are an offset subclass member — and you must do so by March 30, 2026 — but you can no longer exclude yourself from the class to preserve an independent lawsuit against Nationwide.
What is a Schmick offset, and how do I know if mine was applied?
A Schmick offset — named after the New Mexico Supreme Court case Schmick v. State Farm Mutual Automobile Insurance Co. — is a practice where an insurer reduces UIM benefits by the amount the at-fault driver’s liability insurer paid. For example, if the at-fault driver’s insurer paid you $20,000 and your Nationwide UIM policy limit was $25,000, a Schmick offset would result in Nationwide paying only $5,000 instead of $25,000. If you received a UIM payment from Nationwide during the class period that seemed lower than your policy limit after the at-fault driver’s insurer had already paid, a Schmick offset may have been applied. Contact the settlement administrator at 1-877-269-4987 to confirm.
I am an “other settlement class member.” Do I need to do anything to get my premium refund?
No. Other settlement class members — those who held a Nationwide UM/UIM policy during the class period but did not have an offset claim — will receive an automatic payment by check mailed to their last known address after the Court grants final approval. You do not need to file a claim form. You do need to make sure your mailing address on file with the settlement administrator is current.
How large will the automatic premium refund be for other class members?
The exact refund amount cannot be determined until after the claim deadline passes and the settlement administrator processes all offset subclass claims. The refund is calculated from the remaining fund after all higher-priority deductions — including attorneys’ fees of up to $950,592, the $10,000 service award, administration costs, and offset subclass payments of up to $890,000. Your share will be pro-rata based on the UM/UIM premiums you paid to Nationwide during the class period relative to all other eligible class members.
Is this the same as the Liberty Mutual or Progressive New Mexico UIM settlements?
No — this is a separate settlement involving Nationwide and its affiliates only. However, the legal theory is identical: all three cases allege the same Schmick offset practice violated New Mexico law by reducing UIM benefits without adequate policyholder disclosure. The Liberty Mutual $6.5M New Mexico UIM settlement covers Liberty Mutual and Safeco policyholders under the same two-subclass structure for the same class period. For context on the stacked coverage dimension of New Mexico UIM litigation, the Progressive $1.76M stacked coverage settlement resolved a related but distinct UM/UIM premium overcharge theory.
What happens if I file a claim but Nationwide’s records do not show an offset was applied?
The settlement administrator will verify all offset subclass claims against Nationwide’s business records. If Nationwide’s records do not reflect an offset on your claim, your offset subclass claim may be denied. However, if you held a qualifying Nationwide UM/UIM policy during the class period even without a filed UIM claim, you remain an other settlement class member eligible for the automatic premium refund.
Will my settlement payment affect any ongoing or future UIM claims?
By remaining in the settlement class, you release your claims against Nationwide and released parties related to the Schmick offset practice for the class period. If you have a new UIM claim with Nationwide for an accident that occurred after March 31, 2022, that claim is not affected by this settlement. For questions specific to your situation, consult a licensed New Mexico insurance attorney.
When will payments be distributed?
Payments will be issued after the Court grants final approval of the settlement and resolves any appeals. The final approval hearing date has not been publicly announced. Other settlement class members should expect a check mailed to their address on file. Offset subclass members who file valid claims will receive payment through their chosen method — PayPal, Venmo, Zelle, or paper check — after final approval.
Sources & References
- Official Settlement Website (Epiq Global): LuceroUIMSettlement.com
- Online Claims Portal: LuceroUIMSettlement.com/Login
- Settlement Agreement: LuceroUIMSettlement.com/Documents
- Class Notice: LuceroUIMSettlement.com/Notice
- PACER Docket — Lucero v. Nationwide Mutual Insurance Co., Case No. 19-cv-00311-WJ-JMR (D.N.M.): ecf.nmd.uscourts.gov
Last Updated: March 11, 2026
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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