Many town centres now have e-scooter rental schemes. They offer a convenient way of getting around and, if used properly, safely. However, accidents involving e-scooters do happen and can cause fairly serious injuries. If you’ve been injured in an e-scooter accident either as a rider, pedestrian or road user, you could be eligible to claim compensation for your suffering. This guide to e-scooter accident claims will explain when a claim might be possible and how to claim the compensation you might be entitled to.
If you’ve been injured in an accident with an electric scooter, we can help you go through your options. By calling for a free initial consultation, you’ll receive no-obligation legal advice after a specialist has reviewed your case with you. If we believe that you should be paid compensation, you’ll be referred to one of our personal injury solicitors. They’ll act on a No Win No Fee basis so you’ll get specialist legal representation that you’ll only pay for if you are compensated.
There’s more about the e-scooter accident claims process throughout the rest of this guide so please read on. Alternatively, call 0800 6524 881 to speak to a member of our team right away.
Table of contents
- What Is The Law On E-Scooters?
- Am I Eligible To Make An E-Scooter Accident Claim?
- When Could I Claim Compensation For An Electric Scooter Accident?
- Can I Claim Compensation If I Wasn’t Wearing A Helmet?
- Common Electric Scooter Injuries
- Evidence To Support An E-Scooter Accident Claim
- How Much Compensation For An E-Scooter Accident Claim?
- E-Scooter Accident Claim Time Limits
- Starting The E-Scooter Accident Claims Process
You might be surprised to know that privately-owned e-scooters are only allowed to be used on private property. They are illegal if used on public highways and are not insured.
However, e-scooter rentals are available in many towns and cities. These are usually operated by private companies that must have insurance in place to cover any personal injury claims.
Rental e-scooters can be ridden on the road or pathway cycle lanes in the same way bicycles can but riders must have a UK driving licence. Provisional licenses with a category Q entitlement can also be used and riders do not need to display L plates. Government information states that rental e-scooters have a speed restriction of 15.5mph.
If you’re injured while riding an e-scooter or because one collided with you, we could help you to claim compensation against the operator’s insurance policy.
You might be eligible to claim compensation for an e-scooter accident if:
- The party you are suing (the defendant) owed you a duty of care; and
- You had an accident involving an electric scooter that was caused by the defendant’s negligence; and
- You sustained injuries in the accident.
Legally, all road users owe each other a duty of care so must try to avoid accidents by sticking to the Highway Code. Additionally, e-scooter rental operators have a duty of care towards the safety of riders.
Now let’s look at some of the types of e-scooter accidents that could lead to a personal injury claim:
You could sue the local authority if you are thrown from a legally rented e-scooter after hitting a pothole or defect on an unrepaired road. You could also make a claim against the company responsible for the e-scooter if you were involved in an accident because of a defective or poorly maintained scooter.
If you’re injured in a collision with another vehicle on the road, you could claim compensation for an RTA if their negligence caused the accident. For example, an RTA claim might be possible if a car pulled out in front of you because they’d failed to spot you.
If you were hit by an electric scooter on a path, while using a zebra crossing or in any other situation, you might have grounds to claim for your injuries. Also, a pedestrian accident claim may be possible for injuries sustained after tripping on a poorly parked e-scooter.
E-scooter riders must abide by the same rules as other road users. Therefore, if you’re injured in an accident caused by a negligent rider, you could claim for your injuries against the scooter operator’s insurance policy. You should swap details at the scene of the accident (a legal requirement) as with any other type of road traffic accident.
Even if we’ve not described your electric scooter accident here, please contact us if you believe your injuries were caused by somebody else’s negligence. We’ll assess your case with you and review your options for free.
Yes, you could still claim compensation if you weren’t wearing a helmet, as wearing a helmet isn’t currently a legal requirement when riding an e-scooter. However, not wearing a helmet may be seen as contributory negligence, meaning your actions contributed to your injuries. This could potentially affect the amount of compensation you receive or your ability to make a claim.
We’d therefore advise contacting our personal injury solicitors to discuss your accident and how not wearing a helmet could affect an e-scooter accident claim.
If you’ve been injured in an e-scooter accident, call our claims advisors today and they’ll review your eligibility to start a claim.
At the time of an e-scooter accident, there are some steps you can take which could make it easier to claim compensation for any injuries. If you follow the actions listed below, you could secure much of the evidence needed for your e-scooter accident claim to proceed:
- Take photographs. You should take pictures at the accident scene and of the e-scooter involved in the accident. This should include any identifying marks on the scooter and the operator’s name.
- Collect personal details. If you were hit by an e-scooter, take the rider’s details.
- Report the accident. You should email details of the accident to the e-scooter operator so that there is a written record of what happened and when the accident occurred.
- Speak to witnesses. Ask anybody who saw the electric scooter accident for their contact details in case your solicitor needs to collect witness statements.
- Visit a hospital. Get your injuries properly diagnosed and treated. Hospital or GP records will be requested to help prove your diagnosis.
- Request video footage. If there is video footage of your accident (CCTV, dashcam etc), ask for a copy of the relevant data as quickly as possible.
Following the process listed above shouldn’t be too time-consuming but could improve your chances of being compensated. Even if you’ve not got everything listed above, please call and your solicitor will help to obtain any missing information if your claim is accepted.
Our compensation calculator provides some compensation estimates for a range of injuries that could be sustained in an e-scooter accident. These figures aren’t guaranteed as each claim is unique but they can be used for demonstration purposes.
To help determine how much compensation for an accident with an eclectic scooter you might be entitled to, you’ll usually have an independent medical assessment as part of your claim. This isn’t anything to be worried about though. You’ll see a medical specialist who’ll examine your injuries and ask you about the problems they’ve caused. The report from the meeting will be sent to your solicitor and the defendant’s insurers.
On top of compensation for your physical injuries, an e-scooter accident claim could include damages that cover:
- Medical expenses including private physiotherapy.
- Care costs i.e. the time a loved one spent looking after you while you were injured.
- Lost earnings – this might include future losses if there are longer-term implications.
- Travel expenses.
- Psychological injuries (distress, anxiety, flashbacks etc).
- Personal property replacement costs.
- Making changes to your home or vehicle so that it’s easier for you to cope with any long-term symptoms and mobility issues.
Your solicitor will always spend time reviewing how you’ve suffered before submitting your claim in an effort to ensure that you are compensated fairly.
Generally, you must start a personal injury claim for an e-scooter accident within 3 years of it happening, or your injury being diagnosed. Filing the claim early usually allows plenty of time for the claim to be processed and for your solicitor to collect the evidence they need to try and prove why you should be compensated.
If your child was injured in an e-scooter accident, you don’t need to worry as much about their time limit as a litigation friend can claim on their behalf at any time before their 18th birthday. If a litigation friend isn’t used they’ll have 3 years to make their own claim (i.e. before their 21st birthday).
If the individual has suffered an injury such as traumatic brain injury in the e-scooter accident and doesn’t have the mental capacity to file the claim, a litigation friend may also be used. If not, they’ll have 3 years to claim from when they’re mentally capable to handle things for themself.
Claims for e-scooter accidents can be settled quite quickly if the extent of your injuries is understood and the defendant has already accepted liability. In these cases, compensation could be paid within 6 to 9 months. More complex cases, however, can take more than a year to be finalised.
Please call 0800 6524 881 today if you’d like free legal advice about starting an e-scooter accident claim. During your initial consultation, a specialist advisor will assess your claim and provide no-obligation information about your options.
We could appoint one of our personal injury solicitors to represent you if there are grounds for the case to continue. To reduce the financial risks involved with taking on legal representation, your solicitor will work on a No Win No Fee basis.
Our live chat team can answer any questions you might have about e-scooter accident claims so please feel free to get in touch.