In today’s world, Uber and other ride-sharing services have become a popular mode of transportation in New Mexico. But what happens if you’re in an Uber and it gets into a car accident? Knowing what steps to take and understanding your rights can be crucial in such situations. This guide will provide you with clear, actionable information to help you navigate the aftermath of an Uber accident and ensure you receive the compensation you deserve.
by Meaghan T. Baca, Esq.
Meet Your Rideshare Lawyers
If you or a loved one has been injured in an Uber accident in New Mexico, contact our law office for a free consultation. Our experienced legal team specializes in handling Uber accident cases and is dedicated to helping you get the justice and compensation you deserve.
Immediate Steps to Take After an Uber Car Accident
Your first priority should be your safety and health. Check yourself and others for injuries. If anyone is hurt, call 911 immediately for medical assistance. Even if injuries seem minor, it’s important to get checked out by a medical professional as some injuries may not be immediately apparent. Read our article on traumatic brain injuries here, and our article on back injuries by clicking here, or our article on whiplash injuries here.
Want to know more about going to the ER after an accident? Read our article here.
Contact Law Enforcement
It’s essential to contact the police and file a report. This official document will be crucial for any insurance claims or legal actions that follow. Provide the officers with accurate information and make sure to note down the police report number.
Document the Scene
Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. Collect contact information from witnesses who can corroborate your account of the incident. Detailed documentation will be valuable for your insurance claim and any potential legal proceedings. If you want to know what other steps you can take after an accident, read our article, “You’ve Been in an Accident, What to Do Next?”
Report the Accident to Uber
Use the Uber app to report the accident as soon as possible. Uber requires passengers to document incidents through their platform. Save any correspondence with Uber, as it could be important evidence later. You can access Ubers guide to reporting accidents here.
If you have been injured through no fault of your own, contact an experienced auto accident attorney right away.
Understanding Liability in Uber Accidents
Determining liability for an Uber accident in New Mexico depends on various factors. If the Uber driver is at fault, Uber’s insurance policy may cover the damages. However, if another driver is responsible, their insurance will likely be the primary source of compensation.
Uber’s Insurance Policy
- If you are the driver and you are “offline,” your own personal insurance policy will be your primary auto insurance coverage in the event of an accident.
- If you are the at-fault driver while you are “online” and available for a trip, Uber’s liability policy provides at least of $50,000.00/$100,000.00 of insurance coverage for bodily injuries to the non-liable parties. Section 65-7-8(B) NMSA 1978.
- If you are the at-fault driver and in route on a prearranged trip, Uber’s liability policy provides at least $1,000,000.00 of insurance coverage for bodily injuries to the non-liable parties. Section 65-7-8(C)(1).
- If you are the rider in an Uber, and your Uber driver causes the accident, you can make a claim against Uber’s liability insurance coverage which will be at least $1,000,000.00 in policy limits.
Read more about Uber’s Insurance Policy here.
Personal Insurance Considerations
Often, your personal auto insurance policy excludes coverage during commercial activities. Thus, it is unlikely your personal auto insurance policy will cover bodily injury claims or property damage if you were operating the Uber even if you were not at-fault.
However, if you were the passenger of an Uber and your Uber driver did not cause the accident (like a hit and run incident), you may be able to make a bodily injury claim under your own underinsured/uninsured motorist policy. Be sure to check with you insurance agent whether you have UM/UIM coverage. Read more about paying for medical bills after an accident here.
Legal Rights and Options for Uber Passengers
Uber Insurance Claims
To file a claim with Uber’s insurance, you will need to provide detailed information about the accident, including the policy report, medical records and other documentation. Ensure that you file your claim promptly to avoid delays in processing.
Potential Compensation
As an Uber passenger, you may be entitled to compensation for: medical expenses, lost wages, pain and suffering, out-of-pocket expenses, and property damage.
When to Contact a Lawyer in New Mexico
The best time to contact a rideshare lawyer is immediately after the accident. Hiring a personal injury attorney right away takes the burden off you to collect evidence, file a claim, collect medical records, and negotiate with the Uber insurance adjusters. Further, an experienced Uber accident attorney will know how to help maximize your claim so that you can get the most out of recovery. Some issues
If you do decide to file an Uber insurance claim by yourself, watch out for common pitfalls such as your claim being unreasonably delayed or denied, disagreement about who is at fault, and if you suffered serious injury and require long-term care. A accident lawyer can help you navigate the complexities of insurance claims and potential lawsuits, ensuring you receive fair compensation.
Read more about choosing an attorney in our article. “How to Choose a Car Accident Attorney in Albuquerque”
Car Accident Frequently Asked Questions
Being involved in an Uber accident can be a stressful experience, but knowing the right steps to take can make a significant difference.
Ensure your safety, document everything, and understand your rights. Seeking professional legal advice can help you navigate the complexities of insurance claims and secure the compensation you deserve.
If you or a loved one has been injured in an Uber accident in New Mexico, contact our law office for a free consultation. Our experienced legal team specializes in handling Uber accident cases and is dedicated to helping you get the justice and compensation you deserve.
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If you have been severely injured in an auto accident, car crash, or truck collision in Sandoval County, contact our Albuquerque Injury attorneys for a free case evaluation today.