Rideshare services like Uber and Lyft have made getting around Albuquerque easier, from downtown nights out to trips home from the Balloon Fiesta. These services are everywhere, from the Big I interchange to Los Lunas streets.
Things can quickly become confusing if an accident happens in a rideshare vehicle. Multiple drivers, insurance rules, and company policies can make it hard to know who is at fault. Suffering an injury or being shaken up after a crash adds to the stress, and figuring out your next move can feel overwhelming. Gauthier & Maier Law Firm, P.C. can help guide you through a rideshare accident and protect your rights every step of the way.
If you need trusted legal support after a rideshare crash, contact an experienced Albuquerque rideshare accident lawyer at Gauthier & Maier Law Firm, P.C. today for a free consultation.
Key Takeaways: Steps After a Rideshare Accident in Albuquerque
- Rideshare accidents involve complex insurance coverage that changes depending on whether the driver had the app on and whether they had a passenger. Getting help from a rideshare accident attorney can clarify which insurance policy applies to your situation.
- You have the right to seek compensation for medical bills, lost income, pain and suffering, and other damages after a rideshare accident. A personal injury lawyer can help pursue full compensation from all available sources.
- Rideshare companies like Uber and Lyft carry million-dollar insurance policies, but accessing that coverage often requires legal assistance. These companies have teams of lawyers protecting their interests, and you need someone protecting yours.
- Evidence disappears quickly after an accident, including app data, dashcam footage, and witness statements. Acting fast and working with a car accident lawyer helps preserve the evidence you need to build a strong case.
- Never accept an early settlement offer from an insurance company without consulting an attorney. These initial offers rarely cover the full extent of your injuries and future medical needs, and once you accept, you give up your right to additional compensation.
Understanding Rideshare Insurance Coverage in New Mexico
Rideshare insurance works differently from regular car insurance, and this can confuse many accident victims in New Mexico. Coverage depends on what the driver was doing when the crash happened.
If the Uber or Lyft app was off, only the driver’s personal insurance applies. If the app was on, but no ride was accepted, limited rideshare coverage applies. If a passenger was in the car or a trip was accepted, full commercial coverage becomes available.
Both Uber and Lyft carry $1 million liability policies, but insurance companies often look for reasons to deny or limit claims. New Mexico follows at-fault rules, yet fault can be unclear in rideshare accidents. Insurance companies aim to pay as little as possible, so having legal guidance is crucial to protect your rights and secure the coverage you deserve.
Getting Medical Treatment After Your Rideshare Accident
After an accident, your health must come first. Some injuries appear immediately, while others take hours or even days to show. Adrenaline can hide pain, making you feel okay when you may be hurt. Seeing a doctor quickly is essential, even if you think it’s minor.
Delaying treatment can make injuries worse and give insurance companies a reason to question your claim. Follow all medical advice, attend every appointment, take prescribed medication, and keep referrals. Save all records, bills, receipts, and notes from visits as they serve as important proof of your injuries and treatment.
Avoid discussing your injuries on social media or with insurance representatives before consulting a lawyer. Adjusters watch closely and can use posts or statements to minimize your claim.
Why Insurance Companies Will Try to Minimize Your Claim
Insurance adjusters work for the company, not you. Their goal is to pay as little as possible. They may seem friendly, but they’re collecting information to reduce your claim. Early settlement offers often look appealing, but usually fall far short of what you deserve.
Insurance companies may also argue that injuries were pre-existing or caused by something else. They may request your complete medical history or have a doctor examine you, knowing the report can minimize your injuries. Delays are another tactic. They count on urgent bills or lost income to pressure you into accepting less.
Never give a recorded statement without a lawyer. Anything you say can be twisted against you. Having legal support helps protect your rights and ensures your claim is handled fairly.
Gathering Evidence to Support Your Rideshare Accident Claim
Strong evidence can make the difference between a successful claim and a denied one. The sooner you start gathering proof, the better, because details fade and records disappear. Rideshare accidents have unique electronic evidence, like app data showing the driver, route, and speed. Companies rarely share this voluntarily, but a lawyer can request it before it’s deleted.
Witness statements, photos, and videos also matter. Collect contacts and capture images of vehicle damage, road conditions, or traffic signals when it’s safe. Police reports in Albuquerque provide an official record, and medical records link your injuries to the accident, documenting treatment and recovery. A rideshare accident attorney can help preserve all evidence, gather statements, and make sure your case fully reflects the crash’s impact.
Dealing With Multiple Insurance Companies and Parties
Rideshare accidents often involve multiple insurance companies, each trying to shift blame. You can be dealing with the driver’s personal insurance, the rideshare company’s commercial policy, another driver’s insurance, and even your own. Handling all of this can be confusing and stressful.
Each insurer investigates separately and may reach conflicting conclusions about fault and damages. Your coverage, like uninsured motorist or medical payments, might help, but companies often try to limit what they pay. Health or workers’ compensation insurers may also seek reimbursement from your settlement, which can reduce your recovery.
You usually have three years to file a personal injury claim in New Mexico. Acting promptly preserves evidence, secures witnesses, and helps ensure insurance companies handle your claim fairly with proper legal support.
The Claims Process for Rideshare Accidents in Albuquerque
Filing a rideshare accident claim involves several steps, each with its own challenges. It usually starts with reporting the accident to the correct insurance companies, which can be confusing without guidance. An adjuster will review the police report, vehicle damage, rideshare app data, and your medical records. You are not required to speak with them without your attorney present.
Calculating damages goes beyond medical bills and lost income. Pain and suffering, permanent injuries, loss of enjoyment, and future medical costs all count. Negotiations with insurers can take months, with low initial offers and back-and-forth discussions. Most claims settle, but being ready to go to court strengthens your position. In Albuquerque, the Second Judicial District Court handles these cases, and having a rideshare accident attorney experienced in trials ensures your claim is properly represented.
What Compensation Can You Recover
New Mexico law allows accident victims to recover different types of compensation. Economic damages cover financial losses like medical bills, lost income, and property damage. Non-economic damages compensate for pain, suffering, and reduced quality of life.
Medical expenses include hospital care, doctor visits, surgery, therapy, medications, equipment, and future treatment. Keep detailed records to support your claim. Lost income covers income missed during recovery, including salary, bonuses, or self-employment earnings, and compensation may extend to reduced future earning capacity.
Property damage, like a damaged phone or glasses, is separate from injury claims. Pain, suffering, and loss of enjoyment of life cover physical and emotional distress, as well as the inability to participate in hobbies or family activities. Permanent injuries or disfigurement can increase your claim because they leave lasting effects.
Why You Need a Rideshare Accident Lawyer for Your Claim
Rideshare accidents are more complicated than regular car accidents. Multiple insurance policies and layers of coverage make claims hard to navigate alone. A car accident attorney knows how to work with these systems and secure compensation from all available sources.
Insurance companies take claims more seriously when a rideshare accident lawyer is involved. They know an attorney understands the value of your claim and is prepared to file a lawsuit if necessary. Lawyers can also hire professionals to reconstruct the accident, assess injuries, and calculate lost earnings, strengthening your case.
New Mexico has strict deadlines and rules for filing claims. An attorney manages all paperwork and legal steps while you focus on recovery. Many work on contingency, meaning you pay nothing unless you receive compensation. Having legal support reduces stress and helps protect your rights.
Special Considerations for Rideshare Accidents in Albuquerque
Albuquerque’s unique traffic patterns create specific challenges for rideshare drivers. The Big I, where Interstate 40 and Interstate 25 intersect, is one of the busiest and most dangerous interchanges in New Mexico. Rideshare drivers navigating this complex interchange while checking their phones for ride requests face significant distraction risks. Blind-spot merging and sideswipe accidents happen frequently in this area.
Los Lunas and the surrounding areas have seen tremendous growth in rideshare usage, particularly during evening hours and weekends. Rural roads with higher speed limits, combined with distracted drivers checking rideshare apps, create dangerous conditions. Accidents on these roads often result in more serious injuries due to the higher speeds involved.
Tourism brings thousands of visitors to Albuquerque throughout the year, with major events like the Balloon Fiesta creating surges in rideshare use. Out-of-town rideshare drivers unfamiliar with local roads and traffic patterns contribute to accident rates during these peak tourism periods. If you suffered an injury from an out-of-state rideshare driver, the insurance claims process can become even more complicated.
Weather conditions in New Mexico also play a role in rideshare accidents. Summer monsoon rains create slick roads and reduced visibility. Winter snow and ice, particularly in areas like the East Mountains, make driving treacherous. Rideshare drivers under pressure to accept rides and earn money sometimes drive in conditions when they should stay off the roads.
Contact Gauthier & Maier Law Firm for Help With Your Rideshare Accident Claim
Rideshare accidents can turn life upside down in an instant. Injuries, medical bills, and lost income pile up while insurance companies try to minimize your claim. You don’t have to face this alone. The legal system can help hold negligent drivers and companies accountable and get the necessary compensation.
At Gauthier & Maier Law Firm, P.C., we help Albuquerque and Los Lunas accident victims navigate these challenges. We handle the details with rideshare companies and insurance carriers so you can focus on recovery.
If you or a loved one suffered an injury in a rideshare accident, contact an Albuquerque personal injury lawyer who fights for your rights by calling (505) 226-0009.
FAQs About Rideshare Accidents in Albuquerque
Will the rideshare company pay for my injuries?
Whether Uber or Lyft’s insurance covers your injuries depends on what the driver was doing when the accident happened. If the driver had accepted a trip or had a passenger, the company’s $1 million policy should cover your damages, though accessing that coverage often requires legal help.
How long do I have to file a rideshare accident claim in New Mexico?
New Mexico generally gives you three years to file a personal injury lawsuit from the accident date. However, starting your claim sooner protects evidence and strengthens your case, so don’t wait until the deadline approaches to seek legal help.
What if the rideshare driver doesn’t have enough insurance?
The rideshare company’s policy may cover the gap if the at-fault driver lacks sufficient insurance. Your own uninsured or underinsured motorist coverage might also provide compensation. A personal injury lawyer can identify all available insurance sources for your claim.
Can I sue both the rideshare driver and the rideshare company?
In many cases, yes. The driver can be sued for negligent driving, and the company might be liable depending on the circumstances. Your attorney can determine which parties should be included in your claim to maximize your compensation.
Should I accept the insurance company’s first settlement offer?
Almost never. Initial settlement offers rarely reflect the value of your claim and typically come before you know the full extent of your injuries. Consult with a car accident attorney before accepting any settlement offer to ensure you’re not signing away your right to fair compensation.