Yes, your auto insurance may cover your e-scooter accident in New Mexico, but probably not in the way you expect. Your collision coverage and liability policy won’t cover you while riding a scooter. The exception is your Uninsured/Underinsured Motorist (UM/UIM) coverage, which can apply if you were hit by a car. This coverage works when you’re the victim hit by a vehicle, not when you crash on your own or when no other vehicle is involved.
If you’ve already been injured in an e-scooter accident, don’t assume no insurance applies to your situation. Insurance denials should never be accepted without legal review—many denials are wrong and can be successfully challenged.
You Were Hit by a Car While on Your Scooter
When a car strikes you while you’re riding an e-scooter, insurance typically follows a clear hierarchy. The at-fault driver’s liability insurance pays first—this is their responsibility for causing the accident. However, backup coverage kicks in through your own UM/UIM protection when the driver has no insurance (uninsured), when the driver’s insurance isn’t enough to cover your damages (underinsured), or in hit-and-run situations where the driver fled the scene and cannot be identified.
The key point that surprises most people is that you don’t have to be in your car for this coverage to apply. Your UM/UIM coverage extends to you as a pedestrian, cyclist, or scooter rider. This means the auto insurance you’ve been paying for protects you even when you’re nowhere near your vehicle. If you’re hit by a car while on a scooter, your auto insurance becomes one of your most valuable assets for recovering compensation.
New Mexico has a high rate of uninsured drivers on its roads. Minimum insurance requirements are often woefully inadequate for serious injuries. UM/UIM coverage protects you and your family members in situations where the at-fault party cannot fully compensate you. The small additional premium is well worth the peace of mind and financial protection it provides.
When Auto Insurance Does NOT Cover E-Scooter Accidents
Solo e-scooter crashes receive no coverage from auto insurance. If you hit a pothole and fall off, lose your balance and crash, or collide with a fixed object like a pole or curb, your auto insurance provides no protection. No other vehicle was involved, so the coverage simply doesn’t apply.
E-scooter versus pedestrian or cyclist accidents also fall outside auto insurance coverage. If you’re riding a scooter and hit someone else, your auto insurance won’t cover your liability. The victim cannot make a claim against your auto insurance policy. Similarly, if two scooter riders collide with each other, neither has auto insurance coverage applicable to the accident. Any injuries must be pursued through other means.
If your scooter is stolen or vandalized, auto comprehensive coverage doesn’t apply because the scooter is not considered an “insured vehicle” under your policy. You would need specialized scooter insurance or possibly homeowner’s/renter’s coverage for theft.
Most auto policies exclude coverage for “motorized vehicles not designed for road use” or exclude two-wheeled vehicles unless specifically insured (like motorcycles that you pay extra to add to your policy). E-scooters fall squarely into this excluded category. Your policy’s exclusions section will clarify exactly what’s not covered, and e-scooters will either be explicitly mentioned or fall under broader exclusionary language about motorized vehicles.
Other Insurance That Might Cover Your E-Scooter Accident
Health Insurance
Health insurance is your most reliable option for covering medical treatment after an e-scooter accident. It covers injuries regardless of fault or how they occurred. You don’t need to prove another vehicle was involved or wait for a liability determination. Health insurance pays doctors, hospitals, prescriptions, physical therapy, and other medical expenses according to your plan’s terms.
You should use your health insurance immediately for treatment, even if you plan to pursue a personal injury claim. Don’t delay getting medical care because you’re unsure about payment. One important caveat is that your health insurer may seek reimbursement if you later receive a settlement or judgment from the at-fault party. This is called subrogation, and it’s a legal right most health insurers retain. However, don’t let this possibility stop you from using your coverage now. Getting treatment is the priority, and an attorney can often negotiate to reduce the health insurer’s lien, allowing you to keep more of your settlement.
Homeowner’s or Renter’s Insurance
Personal liability coverage under homeowner’s or renter’s insurance may cover situations where you injure someone else while riding a scooter. These policies typically provide personal liability coverage for injuries you cause outside your home. However, most policies contain a “motor vehicle exclusion” that eliminates coverage for injuries caused by motorized vehicles. The question becomes whether an e-scooter falls under this exclusion.
Some policies make exceptions for vehicles that don’t require registration, and e-scooters in New Mexico don’t require registration or licensing. This creates a gray area where coverage might exist. The reality is that insurers often dispute whether coverage applies in these situations. If you injure someone while riding a scooter, you should report it to your homeowner’s or renter’s insurance immediately and let them make a coverage determination. You may need an attorney to challenge a denial.
Medical payments to others is a small coverage typically included in homeowner’s and renter’s policies, usually ranging from $1,000 to $5,000. It pays for minor injuries to others on a no-fault basis, meaning it pays regardless of who was actually at fault. This coverage might apply if you injure someone on a scooter, though again, policy language varies.
Umbrella Insurance
Umbrella policies provide extra liability coverage above and beyond your homeowner’s and auto insurance. These policies often have broader coverage definitions than underlying policies and might provide coverage in situations where your home and auto policies exclude it. If you carry an umbrella policy, check with your insurer about how it applies to e-scooter accidents.
Disability Insurance
Short-term and long-term disability insurance replaces income if injuries prevent you from working. These policies don’t care how the injury occurred—whether from an e-scooter accident or any other cause. If you have disability coverage through your employer or a private policy, it can help replace lost wages during your recovery. Disability insurance typically doesn’t cover medical costs, only lost income.
Workers’ Compensation
Workers’ compensation applies only if you were riding the scooter for work purposes. Examples include delivery drivers using scooters to make deliveries or employees running a work errand. Workers’ compensation covers medical costs and lost wages and is the exclusive remedy in most cases (meaning you can’t sue your employer, but you receive guaranteed coverage regardless of fault).
E-Scooter Rental Company Insurance
If you rented the scooter from a company like Lime, Bird, or Spin, the rental company might carry liability insurance. Some companies maintain policies primarily to satisfy city permit requirements and to cover injuries they cause to third parties. However, these policies rarely cover injuries to riders themselves. User agreements typically include liability waivers and “ride at your own risk” language that attempts to shield the company from responsibility.
Rental company insurance might apply if a scooter malfunction due to poor maintenance caused your accident, if the equipment was defective (product liability), or if the company’s negligence contributed to your injuries. The company’s insurance might cover third parties you injure while riding. To recover from the rental company, you typically must prove company negligence or a defect rather than simple accident or user error.
The reality is that you shouldn’t count on rental company insurance for your injuries. These companies fight claims aggressively and hide behind liability waivers. Better sources of compensation include the at-fault driver’s insurance (if hit by a car) or your own health insurance for medical treatment.
Specialized E-Scooter Insurance
A few insurance companies offer e-scooter-specific policies similar to motorcycle insurance. These policies can include liability coverage if you injure someone, collision coverage for damage to your scooter, and medical payments for your injuries. This coverage is optional and not required in New Mexico. If you own an expensive e-scooter and ride regularly, specialized insurance might be worth investigating. However, these policies remain rare and many riders don’t even know they exist.
When to Hire an Attorney
Several red flags indicate you need legal help. If an insurance company denies your UM/UIM claim, YOU SHOULD CALL A PERSONAL INJURY LAWYER. When multiple insurers are involved with coverage disputes, navigating these competing interests requires legal expertise. Serious injuries with high medical bills justify attorney representation because the stakes are high. If the at-fault driver has no insurance or minimal insurance, finding alternative sources of compensation requires legal investigation. When you’re unsure which policies apply to your situation, an attorney can review all possibilities. If an insurer offers a settlement far below your damages, you need negotiation help. If you injured someone else and face liability, legal representation protects your interests.
An attorney reviews all insurance policies—yours, the driver’s, the rental company’s, and any others that might apply. They identify obscure coverage provisions that laypeople would never find. They challenge wrongful denials and, if necessary, file bad faith claims when insurers act improperly. They negotiate with multiple insurance companies simultaneously, maximizing recovery from all available sources. Most personal injury attorneys work on contingency, meaning no fees unless they recover compensation for you.
