E-scooters, or electric scooters, have been seen in higher numbers in New Mexico in recent years due to e-scooter companies making these vehicles rentable by the public. In New Mexico, an individual only needs to have a valid driver’s license to ride an e-scooter; no insurance coverage is necessary. However, a lack of insurance could present problems if you get injured in an e-scooter accident.
Do I Need Insurance to Ride or Rent an E-Scooter in New Mexico?
No, insurance is not mandatory for e-scooter riders in New Mexico. Under New Mexico Statutes Annotated § 66-1-4.5, an “electric foot scooter” is defined as a device that weighs less than 100 pounds and has two or three wheels, handlebars, and a floorboard that is stood upon while riding. It is entirely powered by an electric motor and can reach a speed of no more than 20 miles per hour without human propulsion.
When operating an electric foot scooter, a rider is not required to maintain any type of insurance in New Mexico. This is because e-scooters follow the same rules and regulations as bicycles, not motor vehicles, under state law. Bicyclists, moped riders and e-scooter riders are exempt from the insurance laws that apply to standard motor vehicle operators in New Mexico.
Should I Get Insurance Before Riding an E-Scooter?
While this decision is yours to make, you may feel safer and have more peace of mind if you purchase at least some type of health or automobile insurance before riding an e-scooter. E-scooter accidents can result in serious and expensive injuries, such as broken bones, traumatic brain injuries, and back and neck injuries.
In addition, your accident could cause property damage and lead to lost wages if you have to miss time at work. Purchasing comprehensive insurance, medical payment insurance, and/or uninsured and underinsured motorist insurance could provide coverage for your medical bills and other losses after a crash.
Who Pays for an E-Scooter Accident if I Don’t Have Insurance?
If you do not have insurance during an e-scooter accident, the other party involved in your collision may be held financially responsible (liable) for your losses. New Mexico abides by a fault-based car insurance law when determining liability for accidents. This means the person at fault for causing the vehicle collision is held liable for the victim’s losses.
Motor vehicle drivers are responsible for causing many e-scooter accidents in New Mexico. Drivers can make dangerous mistakes that jeopardize vulnerable road users, including e-scooter riders. Examples include texting while driving, driving under the influence of drugs and alcohol, speeding, running red lights, and failing to yield the right-of-way.
If there is evidence that the driver who struck you on an e-scooter is at fault for the crash, you can file a claim with that driver’s auto insurance policy to seek coverage. All drivers in New Mexico are required to carry at least $25,000 for bodily injury or death to one person, $50,000 for bodily injury or death per accident, and $10,000 for property damage. You may qualify for this coverage to pay for your losses if you can prove that the driver is at fault.
An Albuqerque e-scooter accident attorney can help you identify the at-fault party, gather evidence and seek fair compensation for your recent collision. For more information, contact The Fine Law Firm for a free consultation with an attorney.