Uber and Lyft Accident Claims in New Mexico

While a rideshare (TNC) driver is logged on to the app but not engaged in a prearranged ride, primary auto liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage is required, plus uninsured/underinsured motorist coverage to the extent required by § 66-5-301. While engaged in a prearranged ride, at least $1,000,000 in primary liability coverage for death, bodily injury and property damage is required, plus uninsured/underinsured motorist coverage to the extent required. Coverage may come from the driver or the company, and the company's insurance must provide primary coverage if the driver's lapses.

No owner may allow, and no person may drive, an uninsured vehicle on New Mexico streets or highways. Required evidence of financial responsibility is at least $25,000 per person and $50,000 per accident for bodily injury and $10,000 for property damage (or a $60,000 bond or cash deposit).

New Mexico uses comparative fault. By statute, in cases where comparative fault applies, liability is generally several: each defendant pays only the share of damages equal to its percentage of the total fault attributed to all persons, including plaintiffs and non-parties, with joint and several liability kept for intentional wrongdoers, vicarious liability, strict product liability and certain other situations.

Three years for an action for an injury to the person.