New Mexico Rideshare Accident Claims: What to Expect

rideshare passenger | rideshare accidents

Your Albuquerque rideshare trip takes a jolting turn when another vehicle crashes into you. You're hurt, confused, and worried about the future. As medical bills pile up and insurance companies call, you need clear answers and strong advocacy. Whose insurance covers this? Is the rideshare company liable? 

At Keller & Keller, we understand the unique challenges of rideshare accident claims involving companies like Uber and Lyft. Our experienced Albuquerque accident lawyers are here to guide you through the legal process, protect your rights, and fight for the compensation you deserve. 

Determining Liability in Rideshare Accidents

Determining fault in a rideshare accident follows a process similar to other car accidents. The key factors are:

  • Which driver was at fault for the crash (your rideshare driver, the other vehicle's driver, or a third party)
  • Whether you were a rideshare passenger or in another vehicle
  • The rideshare driver's status in the app at the time of the accident

Generally, if the rideshare driver is at fault and you were a passenger, you’ll pursue a claim against Uber or Lyft's insurance policy. If the other driver is at fault, their personal auto insurance will be primary.

However, if the at-fault driver is uninsured or underinsured, you may need to tap into the rideshare company's uninsured/underinsured motorist coverage. An Albuquerque accident lawyer can investigate the accident and identify all potential sources of recovery.

Insurance Policies and New Mexico Rideshare Accidents

The Public Regulation Commission governs rideshare companies like Uber and Lyft in New Mexico. It enforces the Transportation Network Company Services Act, which establishes insurance requirements, driver qualifications, and operating standards.

Both Uber and Lyft provide insurance coverage, but the specific policy that applies depends on the driver's status in the app:

  • Driver offline. Only the driver's personal auto insurance applies.
  • Driver available or waiting for a ride request. Uber or Lyft provides contingent liability coverage if the driver's personal insurance doesn't apply.
  • Driver en route to pick up a rider or on a trip. Uber and Lyft each provide $1 million in third-party liability coverage plus uninsured/underinsured motorist coverage.

It's important to note that this coverage applies to passengers and third parties—not the rideshare driver. Drivers must rely on their own insurance for medical bills and lost wages unless another motorist is at fault.

An experienced Albuquerque rideshare accident lawyer can help you understand how New Mexico laws affect your case and protect your right to compensation.

What to Do After an Uber or Lyft Accident in Albuquerque

Taking the proper steps after a rideshare crash can protect your health and your potential injury claim:

  1. Call 911 to report the accident and request medical attention. Even if you feel okay, some injuries may not be immediately apparent.
  2. If it's safe to do so, take photos of the damage to the vehicles, your visible injuries, and the surrounding scene.
  3. Write down the names and contact information of any witnesses.
  4. Avoid discussing fault with the drivers or other passengers.
  5. Contact an experienced Albuquerque accident attorney before providing any recorded statements to insurance companies.
  6. Attend all follow-up medical appointments and keep records of your treatment and expenses.

Compensation After a Rideshare Accident

If you've been injured in a rideshare accident that wasn't your fault, you may be entitled to compensation for:

  • Medical bills related to the accident, including future anticipated care
  • Lost wages from missing work during your recovery
  • Reduced future earning potential if you've been left with a disability
  • Pain and suffering
  • Emotional distress
  • Reduced quality of life

An experienced Albuquerque accident lawyer can calculate the full extent of your losses and fight for the maximum compensation available. Most rideshare accident claims are resolved through settlement negotiations with the insurance companies. However, if the insurers fail to make a fair offer, your attorney may recommend filing a lawsuit and bringing the case to trial.

The Albuquerque accident attorneys at Keller & Keller prepare every case as if it's going to trial. This approach often convinces insurance companies to settle favorably to avoid facing us in court. We understand the unique challenges of rideshare accident claims and have the skills and resources to advocate for you in any arena. 

Let us handle the insurance and legal issues while you focus on healing. We’ll review your case, answer your questions, and discuss how we can help you move forward after an Uber or Lyft accident disrupts your life.

James R. Keller
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Partner at Keller & Keller