What to Do if You Are a Passenger in an Uber Accident in New Mexico

Contact an experienced Uber accident attorney ASAP

Ridesharing services such as Lyft and Uber have become a regular mode of transportation for many in New Mexico cities like Albuquerque and Santa Fe. While the service may reduce crashes by providing sober rides, Lyft and Uber accidents are common. For the injured parties seeking compensation for medical bills, lost wages, and other possible damages, figuring out who is at fault and dealing with compensation claims can be complicated.

If you're injured as a passenger in an Uber accident, knowing the right actions to take after such a crash can have a big impact on your claim’s outcome. Szantho Law Firm has years of experience helping injured victims of New Mexico Lyft and Uber accidents overcome obstacles and recover maximum compensation. Here’s what you need to know if you become the injured passenger in a New Mexico rideshare accident.

Remember: Every case is different. The information here may not apply in all situations. If you were injured, contact our Albuquerque Lyft and Uber accident lawyers for a free case consultation for information tailored to your specific circumstances.

Rideshare, Lyft, and Uber accidents are complicated

The most common causes of Uber accidents include distracted driving, speeding, and failure to obey traffic laws, with at-fault parties ranging from the Uber driver to other road users violating traffic rules. Depending on the details of the case, liable parties may include the rideshare company itself, other drivers involved in the accident, or even municipal bodies responsible for road maintenance and safety. Often, though, it’s the rideshare or Uber driver at fault.

If an Uber or Lyft driver's negligence leads to an accident, injured passengers shouldn't have to pay. Yet, with both drivers and companies often reluctant to accept fault, many seek experienced attorneys to help claim compensation. Collecting compensation for Uber passengers injured in car accidents can be challenging but a lawyer can help with impediments like:

• Complex insurance policies. Determining which insurance policy applies (the driver's personal insurance, Uber's insurance, or a third party's insurance) can be complicated, as coverage can vary depending on the driver's status at the time of the accident.
• Liability disputes. There might be disputes over who is at fault (liable) for the accident, with different parties (drivers, insurance companies, etc.) attempting to shift blame to avoid paying compensation.
• Multiple parties involved. If multiple vehicles are involved, it can further complicate the process, as it may be difficult to establish the degree of fault for each party.
• Aggressive insurance company tactics. Insurance companies may employ tactics to minimize their payouts, including quick lowball offers, disputes over injury severity, or drawn-out negotiation processes.
• Communication breakdowns. Difficulty in communicating with Uber, insurance adjusters, or responsible parties can hinder the process of claiming compensation.
• Policy exclusions. Some insurance policies have exclusions that may limit coverage for certain types of injuries or circumstances surrounding the accident.

Passengers without strong legal and procedural knowledge are at a disadvantage when navigating the claims process. In addition, the immediate financial burden of medical bills and lost wages can pressure passengers into accepting quick settlements that are less than they deserve. An experienced Albuquerque Uber accident attorney can push back against obstacles and keep injury claims moving forward while victims focus on healing.

Complex but worth it - Types of compensation for injured Uber passengers

The value of a compensation claim for an injured Uber passenger is influenced by factors like injury severity, medical costs, and impact on life and work. The victim's age, career, and family responsibilities - especially if long-term care or lost earning capacity is considered - may also affect the claim's value. Common types of compensation in Uber injury accident claims include:

• Medical expenses. Coverage for medical treatments related to the accident including emergency services, hospitalization, surgery, medication, rehabilitation, and ongoing future medical care.
• Lost wages. Compensation for income lost due to the inability to work following the accident.
• Lost earning capacity. If the injury affects the ability to earn future income, compensation may be awarded for reduced earning potential.
• Pain and suffering. Compensation for physical and emotional distress suffered from the accident.
• Disability and disfigurement. Compensation for any long-term disability or changes in appearance caused by the accident.
• Loss of enjoyment of life. Compensation if injuries prevent engagement in hobbies, recreational activities, or other pleasures of life.
• Punitive damages. In very rare cases of gross negligence or intentional harm, punitive damages may be pursued to punish the wrongdoer and deter similar conduct in the future.

Additionally, the clarity of liability — who is at fault — and the specifics of the applicable insurance policies (e.g., limits and exclusions) can significantly affect settlement amounts in rideshare accident claims.

Who pays? Assessing fault in Uber accidents

In New Mexico, ascertaining who is at fault in a rideshare accident can be difficult, but necessary for filing an accident claim. Determining fault involves a thorough crash investigation in which evidence like police reports, witness statements, and sometimes input from accident reconstruction experts are utilized.

If a rideshare driver is at fault, determining whether the driver was officially on duty for Uber, Lyft, or another rideshare service during the accident is essential. This status affects the ability to claim compensation via Uber’s insurance policies, which differ based on whether the driver was off duty or waiting for a ride request, enroute to pick up a passenger, or actively transporting a passenger. In general, the following insurance is applicable under these circumstances:

• Off-duty driver. The driver’s personal insurance.
• On-duty driver. Uber’s $1 million liability policy is likely in effect.

Experienced Uber accident lawyers know how to establish the driver’s status in a claim. They can check the active ride details within the Uber app or request this information directly from Uber if needed. And if Uber or the driver refuses to cooperate, your attorney can take legal steps to demand such evidence and information.

Steps for seeking compensation for passenger injuries in an Uber accident

For those injured as passengers, taking the right steps after a rideshare accident can help ensure safety and financial well-being. If you are involved in an Uber accident, try the following:

• Seek medical care. Even if injuries seem minor, getting a medical evaluation is essential. Some injuries may not be immediately apparent.
• Gather evidence at the crash site. Collect names, contact information, insurance details of all parties involved, and witness statements. Take photos of the accident scene, damages, and injuries.
• Consult an experienced New Mexico rideshare accident attorney. Before engaging with insurance companies or accepting any settlement offers, talk to a lawyer with a track record of rideshare accident claim success. An attorney can provide trustworthy information for decision making.
• Report the accident to Uber. Use the app or customer support to officially notify Uber of the incident as soon as it's feasible and safe to do so. If a lawyer has been contacted, they may be able to do this step for the victim.
• Document everything. Keep detailed records of all medical treatments, receipts, and any communications related to the accident.
• File a claim. Our rideshare accident lawyer helps injured crash victims file claims against responsible parties, which may include Uber drivers, Uber itself, or other involved drivers.
• Do not settle immediately. Be cautious with early settlement offers from insurance companies. Injured crash victims should fully understand the extent of their injuries and related costs before agreeing to accept any compensation.
• Negotiate a settlement. Often, compensation comes in the form of a settlement, which is a one-time payment designed to pay for all accident expenses. A lawyer can negotiate to ensure victims receive fair payouts that take into account all bills and financial losses.
• Litigate, if necessary. If a satisfactory settlement can't be reached, taking the case to court might be the next, best step.

By following these steps in order, injured passengers in rideshare accidents may help ensure their safety, protect their rights, and set a strong foundation for receiving appropriate compensation for any damages and injuries sustained.

Exploring legal options following an Uber accident

If you’ve been involved in an Uber accident in New Mexico, recovering compensation can be challenging. Drivers may deny doing anything wrong. Insurance companies may dispute your Uber or Lyft accident claim. An experienced New Mexico rideshare accident lawyer can help.

Szantho Law Firm, led by Attorney Andras Szantho, is experienced in handling Uber and Lyft accident claims. Contact us today for a free case evaluation and ensure that your rights are effectively represented.

“Awesome attention to detail and able to resolve my car accident claim with very little effort on my part, especially when I had residual neck pain! I had the insurance payment within just weeks.” - N.S.

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