Hobbs Uber Accident Attorney
Where would we be without Uber these days? It’s the modern, convenient way to get a ride to wherever we need to go in Hobbs, New Mexico, at an affordable price. But, nothing’s perfect — so what happens if things go wrong and you get injured during your Uber or Lyft ride? Or if you get hit by an Uber while out walking or cycling? This is when you need to call an experienced Hobbs Uber accident lawyer.
Of course, a service the size of Uber or Lyft has insurance — but this doesn’t mean they’ll pay out without a fight in the event of an accident. You may find yourself caught up in a difficult legal battle at the very time when you’re trying to recover from your injuries. This can cause extreme stress and hinder your recovery. You may tragically even be fighting for compensation on behalf of a loved one who is no longer able to fight for themselves. This is why you need a specialist Uber accident attorney in Hobbs to make sure you get the compensation you deserve.
In 2019–2020, there were a total of 101 fatalities in Uber crashes throughout the USA. 42% of these were vulnerable road users, including pedestrians, bicyclists, and scooter riders. You don’t even have to be riding an Uber to be seriously injured by one.
Additionally, Uber’s safety report only references fatalities. We don’t get to hear about any other injuries that have occurred, which will range in severity from minor to life-changing.
Whatever level of injury you have sustained, and whether you were an Uber driver, passenger, or other road user at the time of the accident, you need a highly qualified Hobbs Uber accident attorney to fight your corner against such a corporate giant.
Understanding the 3 Types of Rideshare Accidents
Most people don’t understand how the law works when it comes to Uber and Lyft accidents and getting compensation. As a result, our Hobbs Uber accident attorneys see a lot of people involved in accidents of this kind miss out on money that’s rightfully theirs.
For example, did you know there are three different types of rideshare accidents? These are:
- An accident that was the fault of a rideshare driver, where a driver or passenger got injured
- An accident caused by another driver, where a rideshare driver was injured
- An accident where a passenger was injured in a rideshare vehicle, regardless of which driver was at fault
Do any of these sound like an accident you’ve been injured in? If so, you’re entitled to compensation. In fact, you are legally entitled to make a claim for damages if you’ve been injured in a rideshare accident of any kind that wasn’t your fault.
Pure Comparative Fault in New Mexico
‘Pure comparative fault’, also known as ‘pure comparative negligence’, is a law that applies in a number of US states, including New Mexico. This law, designed to make things easier for compensation claimants, can have an impact on your claim.
This is how it works:
For example, you’re an Uber driver who has been involved in an accident in Lea County, and you take the case to court. The court decides that the accident was mostly the other driver’s fault but that you too bear some of the responsibility. Under the pure comparative fault law, you could still make a claim for damages, but the amount you receive will be reduced by the percentage that the court deems the accident was your responsibility.
So, say you make a claim for $100,000, to compensate for the injuries you received in the accident. The court decides that the accident was 75% the fault of the driver, and 25% your fault. You could still receive compensation, but the amount would be reduced to $75,000, as 25% would be removed to account for the amount of the accident that was your fault.
The thing with liability is that it’s pretty subjective, depending on the available evidence. Ultimately, if you want to receive a decent payout, you’ll have to persuade a claims adjuster or judge and jury that the accident wasn’t your fault
— or, at least, that you were less at fault than the other party. An experienced Hobbs Uber accident lawyer is a real advantage here — they know exactly how to argue your case successfully. This is especially important with Uber accidents, which can be more complicated than regular traffic accidents.
Who Pays for an Uber Accident in New Mexico?
Like any type of traffic accident, every Uber accident is different and will be investigated thoroughly so the facts can be established. Who is liable for your compensation claim will depend on the circumstances.
As a broad general rule:
- If a rideshare driver wasn’t signed into work when the accident happened, their personal insurance company is liable to pay. This is because Uber drivers are considered to be independent contractors rather than employees, so they are expected to have their own insurance. If the accident doesn’t happen during work time, Uber does not consider itself responsible.
- If the driver was signed into work but they weren’t carrying a passenger or on their way to pick up a passenger when the accident happened, their personal insurance company is usually liable. However, if their insurance company refuses to pay, Uber’s insurance will cover limited costs.
- If the driver was signed into work and was carrying a passenger, or was on their way to pick up a passenger when the accident happened, Uber’s insurance company is fully liable for any damages. Uber has a $1 million insurance policy for this eventuality.
How Compensation and Insurance Works in Uber Accident Claims
There are many different reasons why you might partner with a Uber accident attorney in Hobbs, New Mexico, and seek compensation after being injured in an Uber or Lyft accident. These can include:
- Medical expenses you’ve incurred, even if these are ongoing into the future
- Disability and/or disfigurement
- Loss of earnings and/or earning potential
- Pain and suffering
- Mental/emotional distress
- Loss of enjoyment of life
Of course, any of these, or a combination of them, could have happened to you as a result of being involved in an Uber accident. But, it will be up to you to prove it. The other party’s insurance company will try to downplay the impact that the accident had on you because they’re likely to try and avoid paying you the full amount of compensation you deserve.
Initially, the other party’s insurers are likely to offer you a settlement. This probably won’t be enough to cover your medical expenses or compensate you for what you’ve suffered.
It’s also worth knowing that you could be dealing with up to three different insurers in pursuing your compensation claim:
- Uber’s insurers
- The Uber driver’s personal insurers
- The insurers of any other drivers involved
This can make legal cases involving Uber accidents particularly tough for accident victims, at a time when they’re vulnerable. This is why you need a highly experienced Uber accident lawyer in Hobbs to help you out. Your lawyer will understand all the tricks insurers use to try and avoid paying compensation claims and will know how to fight to get you the payout you deserve.
How Do I File an Uber Accident Claim?
If you’ve been involved in an Uber accident, it’s important to understand how to go about filing your claim. It’s worth knowing that Uber’s insurance company, James River Insurance, doesn’t allow you to make a claim by telephone. Instead, you have to fill out an online claim form, but the form you have to complete will depend on the circumstances of the accident.
Here’s what to do for each of the different accident scenarios.
You Were Hit By an Uber Driver
This is a notoriously difficult area because there’s likely to be a disagreement about whether Uber’s insurers or the driver’s personal insurers are liable for your claim. This is why it’s so important to have a Hobbs Uber accident attorney on your side when you’re filing your claim who understands the law and can help you present your evidence in the right way.
You Are an Uber Driver and You Got Hit By Another Car
If you’re an Uber driver and you’ve been injured in an accident that you feel was someone else’s fault, the first step is to report it on Uber’s Trip and Fare Review page. Someone will then get in contact with you and email you an Incident Report form. Uber will then send this form to their insurance company, who will contact you letting you know whether or not they’ll cover your claim. Please note you’re likely to be held liable for $1,000 here. Plus, Uber might forward your insurance policy details to any third parties who are making claims in relation to the accident.
A Passenger Damaged Your Car
People often forget about the fact that carrying passengers is a risk to you and your property. If a passenger causes damage to your car that’s obviously beyond normal wear and tear, you might be entitled to an inconvenience fee of up to $250 from Uber, and they might also offer help with your insurance claim. To access this support, you’ll need to send photos showing the damage to your vehicle, along with a report of what happened, within three days of the damage taking place. You’ll also have to submit a receipt for repairs, or an estimate of how much they’ll cost, within 5 days.
Whichever accident scenario you’ve been involved in, it’s worth contacting a specialist Hobbs Uber accident lawyer. They’ll be able to guide you through the process and make sure you get what’s owed to you.
Hobbs, New Mexico
Hobbs is a small, charming city in southeastern New Mexico. With plenty of sunshine, fascinating desert landscapes, and lots to see and do, it’s the ideal location for getting out and about in an Uber and exploring the area.
Whether you’re into cultural attractions or entertainment experiences, or you’re keen to sample some of the local cuisine, Hobbs offers plenty to cater to all tastes! Here are just a few of the local landmarks you might want to explore by Uber.
Lea County Regional Airport
For many people, Lea County Regional Airport is their first introduction to the area before traveling on to their destination via Uber. This well-equipped airport is ideal for flying to and from Houston and Denver and offers great amenities for both business and recreational travelers.
Babe’s Sports Page Bar and Grill
Here in Hobbs, we love our sports — and at Babe’s Sports Page Bar and Grill, you’ll find everything you need to enjoy your favorite games! This restaurant and sports bar is the perfect venue for enjoying a mouthwatering meal with family and friends while you take in the big game on the big screen.
Casey’s Restaurant is a Hobbs institution, having been serving our local community since 1977! Along with a classic menu of burgers, steaks, and fries, this family-run restaurant also boasts one of the largest Coca-Cola collections in the world. It’s a must-see destination for visitors to Hobbs.
Zia Park Casino Hotel and Racetrack
Conveniently located just 8 miles from the airport, Zia Park Casino Hotel and Racetrack is a gambler’s paradise! It boasts over 750 slot machines, along with all the latest digital games, live racing in season, and simulcasts throughout the year, so the action never stops. Could you be the next big winner?
Experienced Hobbs Rideshare Attorney
If you’re unfortunate enough to be involved in a rideshare accident in Hobbs, the Law Office of W. Shane Jennings is on your side. A highly experienced Hobbs Uber accident lawyer, Shane Jennings has been diligently serving the community of Hobbs since 2016. Supported by an expert trial paralegal, Shane knows the law inside out and is the ideal choice to help you access the compensation you deserve.
If you need help with an Uber accident claim in Hobbs, don’t hesitate — give the Law Office of W. Shane Jennings a call at 575 308 0308 for a free consultation. We’re dedicated to supporting our clients and we’re always happy to help.