What to Do If You're Injured in a Rideshare Accident (Uber/Lyft) in New Mexico

Rideshare services like Uber and Lyft have revolutionized the way people travel, offering convenience and affordability. However, as rideshare use increases, so do accidents involving these services. If you’re injured in a rideshare accident in New Mexico, you might find yourself facing unique challenges and questions.

If you want to learn more about how to file a claim following a rideshare accident, contact our Albuquerque personal injury lawyers at Will Ferguson & Associates immediately.

Handling the Aftermath of a Rideshare Crash

The moments immediately following an accident are critical. First and foremost, ensure your safety and the safety of others involved. If anyone is injured, call 911 for medical assistance. Even if injuries seem minor, it’s still a good idea to seek medical attention—some injuries might not be immediately apparent. In New Mexico, all drivers must report accidents that result in injury, death, or significant property damage.

Notify law enforcement and request an officer to the scene. A police report will serve as an essential document for your claim. And, as with any motor vehicle accident, collecting information is key. Document as much as you can, including:

• Driver Information: Name, contact information, and insurance details of all drivers involved.
• Rideshare Details: The name of the rideshare company, the driver’s name, and license plate number. Screenshot your app to capture ride details.
• Accident Scene: Take photos of the vehicles, any visible injuries, road conditions, traffic signs, and other relevant factors.
• Witnesses: If there are any witnesses, obtain their contact information.

Insurance Coverage in Rideshare Accidents

One of the complexities of rideshare accidents lies in determining whose insurance applies. Rideshare companies like Uber and Lyft provide liability coverage for their drivers, but the extent of this coverage depends on the driver’s status at the time of the accident:

1. Driver Not Logged into the App: The rideshare company’s insurance does not apply. The driver’s personal auto insurance will be the primary source of coverage.
2. Driver Logged in but No Passenger Request: Rideshare companies typically provide contingent liability coverage, which may apply if the driver’s personal insurance does not cover the accident.
3. Driver Logged in and Carrying a Passenger: When a driver has accepted a ride request or is actively transporting a passenger, Uber and Lyft provide significant liability coverage, usually up to $1 million per accident.

Understanding these distinctions is crucial in determining how to pursue compensation for your injuries. Moreover, after ensuring your immediate safety and gathering evidence, you should report the accident to the rideshare company. Most rideshare platforms have an in-app feature for reporting incidents. Provide accurate and detailed information about the accident. Be cautious about making any statements that could be interpreted as accepting fault.

Consult with a Personal Injury Attorney For Rideshare Claims

Navigating the legal complexities of a rideshare accident can be challenging, especially when dealing with multiple insurance companies and liability questions. An experienced personal injury attorney in New Mexico can help you assess the merits of your case, determine all potential sources of compensation, negotiate with insurance companies, and represent you in court if necessary.

New Mexico follows a comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault for the accident. When there is more than one person at fault for an accident, the doctrine of comparative fault or negligence applies in New Mexico, regardless of whether you settle or go to trial. That said, an attorney can help minimize this impact by building a strong case on your behalf.

Filing an Insurance Claim After a Rideshare Crash

Once you’ve identified the appropriate insurance policies, file a claim. This process may involve:

1. Contacting the rideshare company’s insurance provider.
2. Submitting documentation, including the police report, medical records, and evidence from the accident scene.
3. Negotiating a settlement. Be prepared for the insurance company to offer a low initial settlement, however.

Meanwhile, your attorney can begin constructing your case and eventually help you file in New Mexico's equivalent of small claims court, known as the Magistrate Court. In the interim, your attorney can handle negotiations to ensure you receive fair compensation for medical expenses, lost wages, property damage, pain and suffering, and more.

Plus, in New Mexico, you generally have three years from the date of the accident to file a personal injury lawsuit. Missing this deadline could prevent you from recovering compensation. However, it’s always best to act promptly to preserve evidence and strengthen your case: each party has up to 30 days to reply to a lawsuit or complaint under New Mexico's civil procedural rules.

Passengers' Rights in Rideshare Collisions

If you were a passenger in a rideshare vehicle during the accident, your rights are somewhat different. As a passenger, you’re unlikely to be found at fault, making it easier to pursue compensation. You may file claims against the rideshare driver’s insurance, the other driver’s insurance, or the rideshare company’s insurance.

New Mexico law requires all drivers to carry minimum liability insurance, but not everyone complies. If the at-fault driver is uninsured or underinsured, you may still have options. Rideshare companies typically provide coverage for uninsured/underinsured motorists, which could cover your damages.

An attorney can help determine the best approach based on the specifics of your case. The aftermath of a rideshare accident can be overwhelming, especially when dealing with injuries, medical bills, and insurance claims. Here are a few quick tips to protect your rights: First, avoid speaking to the at-fault driver’s insurance adjuster without consulting your attorney. Additionally, don’t accept a settlement offer until you fully understand the extent of your damages. Finally, be sure to keep detailed records of all expenses and communications related to the accident.

Call a Personal Injury Attorney in New Mexico

Our clients come first at Will Ferguson & Associates. For decades, we have helped those who have suffered from personal injuries or disabilities due to another party's negligence, and we can do the same for you. Furthermore, we handle personal injury claims on a contingency basis, so there are no fees unless we get compensation for you.

Call the personal injury lawyers at Will Ferguson & Associates at (505) 243-5566 if you've been injured in a rideshare accident and want to know whether you may seek financial compensation. To give you the greatest opportunity to win your case, we'll explain the nuances of an out-of-court settlement and walk you through the entire process.