If you’ve been injured in an accident involving an e-scooter, you might be entitled to make an electric scooter accident claim for compensation.
If so, we can help with a claim where you’ve been hit by an electric scooter, injured whilst riding a defective e-scooter, or virtually anything else if your injuries were caused by the negligence of someone else. By calling our advisors, your claim will be reviewed and free advice about your options will be provided. Also, one of our personal injury solicitors may offer to represent you on a No Win, No Fee basis if your claim is suitable.
To speak to us right away, please call 0800 652 1345. Alternatively, there’s more information on electric scooter accident claims throughout this guide.
Are electric scooters legal?
The only types of electric scooters that are currently allowed on the public highway are those rented through hire schemes. These must be restricted so that they cannot travel any faster than 15.5mph and they can only be hired by riders aged 16 or over and who hold at least a provisional driving licence with category Q entitlement. This covers the riding of 2 and 3-wheeled vehicles without pedals including e-scooters. Importantly, electric scooters can only be ridden on the road or on cycle tracks. They are not permitted for use on pavements (in the same way that bicycles aren’t).
Anyone caught riding a privately-owned electric scooter is breaking the law because, at the time of writing, they are only permitted to be used on private property.
As with other forms of transport, electric scooters that are allowed on the road must have an insurance policy. This is part of the hire charge so riders do not need to take out their own insurance.
If you are injured after being hit by an electric scooter, your claim will be made against the hire company’s insurance policy. If you’re injured while riding a defective electric scooter, you could also sue the hiring company for your suffering.
Types of e-scooter injuries you could claim compensation for
Even though electric scooters are restricted to 15.5 mph, accidents at those speeds can cause a whole range of injuries including:
- Broken bones.
- Broken teeth.
- Brain damage.
- Spinal injuries.
- Splenic rupture.
- Facial injuries.
- Skull fractures.
If your injury from the e-scooter accident isn’t on our list, don’t worry. We could still help you to start an electric scooter compensation claim so please call and let us know what happened and we’ll review your options.
Can I claim compensation for an electric scooter accident?
One of our solicitors will review the merits of your case before agreeing to help you claim compensation for an e-scooter accident. The criteria they’ll check include:
- Did the defendant owe you a duty of care; and
- Did an electric scooter accident occur because of the defendant’s negligence; and
- Were you injured as a result?
Duty of care is fairly easy to establish in electric scooter claims. That’s because all road users owe each other a duty of care because of the Road Traffic Act 1988. This means e-scooter riders, cyclists, drivers and motorbike riders must adhere to the rules of the road to try and prevent accidents (giving way, stopping at red lights etc).
Pedestrian hit by an electric scooter
In the new hierarchy of road users, pedestrians have priority at junctions. That means electric scooters must give way if you’re waiting to cross a junction or pedestrian crossing. If you’ve been hit by an electric scooter while crossing a road or while walking on the pavement, you could claim for your injuries.
You could also be entitled to claim if you were injured by tripping on a dumped or poorly parked electric scooter that the hiring company had failed to pick up in a timely manner.
Road traffic accidents caused by an electric scooter rider
Although electric scooter riders must follow many of the same rules as cyclists on the road, one major difference is that, unlike bicycles, legal electric scooters are insured. That means that if you’re injured by a negligent electric scooter rider, you could be compensated.
The process for claiming for any injuries sustained in a road traffic accident caused by an electric scooter is the same as with any other type of vehicle.
Essentially, you should collect proof at the scene of the accident including the identification number of the scooter involved and the rider’s contact details. Legally, anyone involved in an RTA must provide their details to others injured in the accident.
You could then claim compensation against the scooter’s insurance policy.
Injured whilst riding an electric scooter
Many people might not be clear about what rights e-scooter riders have if they’re involved in an accident. In fact, they are the same as any other road user
Electric scooter riders could claim compensation if they had an accident that was caused by:
- A defective electric scooter.
- Potholes, sinkholes, damaged kerbstones and other road defects.
- The negligence of another road user (dangerous driving, road rage, not paying attention etc).
If another party caused your accident, they are legally obliged to give you their contact details and insurance details. Failure to do so is an offence. If details were not swapped at the scene, you should inform the police as soon as possible (but within 24 hours).
We can provide free legal advice on any type of electric scooter accident so please call to discuss your options today.
How much compensation do you get for an electric scooter accident?
Compensation levels for injuries caused by an electric scooter are not set in stone. They are generally calculated based on how serious the injuries are and how they affected the claimant physically, psychologically and financially. As such, your solicitor will have some work to do to get a full understanding of the impact of your injuries before calculating what compensation you might be entitled to.
However, compensation for an e-scooter accident could cover:
- Physical injuries and the pain, discomfort and suffering they cause.
- Psychiatric injuries caused by the electric scooter accident such as distress, depression or anxiety.
- Private medical treatment or physiotherapy.
- Public transport fees, fuel and parking costs linked to your medical appointments.
- Care costs.
- Lost income (along with future losses).
- The cost of replacing clothing or other personal items damaged in the e-scooter accident.
- Mobility aids and home adaptations if they’re needed to support your recovery or to help you deal with a disability.
Providing proof for electric scooter accident claims
Proving liability in an electric scooter accident claim typically requires gathering evidence to support your case to prove how your accident happened, who caused it and the injuries you suffered as a result. Without such evidence, most insurance companies are likely to reject your claim and will not compensate you.
As such, your solicitor will present as much proof as they can to support your claim including:
- Video footage. This could be from a security camera, bodyworn camera, dashcam or mobile phone. Legally, you are entitled to ask the owner for such footage but bear in mind that it’s not usually stored for too long.
- Medical proof. You should always seek medical treatment if you’re injured in an electric scooter accident. This should mean that your injuries are treated correctly and your medical records could be used to prove the severity of your injuries.
- Witness statements. Where liability for your injuries or the accident that caused them is denied, your solicitor might ask any independent witnesses for a statement about what they saw.
- Photographic proof. If it’s possible to do so safely, you should take pictures at the e-scooter accident scene. These should capture the cause of the accident before it’s removed or repaired. Also, pictures of any visible injuries can be important.
- Accident reports. You should report the accident to the operator of the electric scooter. This might be a local authority or a company that operates the hire scheme. This will leave a paper trail to help prove when and where the accident occurred.
Your solicitor will help to collect any proof you don’t already have if they agree to represent you. So, don’t be put off from calling us if you don’t have all of the information listed already.
How long do I have to file an e-scooter accident claim?
In the UK, the general time limit to file a personal injury claim, including electric scooter accidents, is three years from the date of the accident or from the date of knowledge of the injury.
However, that time limit is not applicable to claims involving children until they are 18. As such, a guardian, parent or responsible adult is able to claim before then on the child’s behalf.
In cases where an individual lacks the mental capacity to claim compensation for an e-scooter accident, a litigation friend can act on their behalf. Importantly, the usual time limit for filing a claim may not apply until the individual regains mental capacity.
There are a few good reasons to begin your claim as soon as you can. The first is that you’ll be paid any compensation sooner if the claim is won. Another is that you’ll allow plenty of time for proof and medical files to be gathered to support your claim.
If you’re facing immediate financial difficulties because of your injuries, you could be awarded interim payments before your claim is settled. This could help where you need private medical treatment, are struggling on a reduced income or have care costs to pay.
No Win, No Fee claims
In our mind, there’s a much better chance that you’ll receive compensation for an electric scooter accident if you take on legal representation. We know that many people worry about the cost of hiring a personal injury solicitor which is why ours manage claims on a No Win, No Fee basis.
To formalise this agreement, you’ll receive a Conditional Fee Agreement (CFA) to sign. This document, once signed, allows your solicitor to start managing your claim. They will:
- Make contact with the defendant to inform them that you’re going to be claiming.
- Work to secure proof and medical reports to substantiate your e-scooter accident claim.
- Handle all enquiries from the defendant to protect you from any technical legal questions.
- Send you updates throughout the claims process about how it’s progressing.
Your solicitor will fight your corner to try in an effort to secure the correct amount of compensation for your injuries. That said, they’ll always discuss any settlement offers with you before they agree to them.
When using a No Win, No Fee solicitor from our panel, you won’t need to pay their legal fees upfront and none will be payable if the electric scooter accident claim is lost.
Start an electric scooter accident claim today
If you’ve been hit by an electric scooter or injured whilst riding one, you can contact us on 0800 652 1345 today to see if you might be entitled to compensation. During your no-obligation consultation, a specially-trained advisor will review your case and give free legal advice on any potential legal action.
We could partner you with one of our specialist personal injury lawyers if your claim appears to be suitable. If you both decide to proceed with your claim, your solicitor will protect you from the financial risks involved by working on a No Win, No Fee basis.
Please use live chat to connect with us if you have any further questions on electric scooter accident claims, or claim your free consultation here.