For someone who is already in a mobility scooter, being injured in an accident can be disastrous. Depending on the type of accident and severity of the injuries, the driver’s disabilities may get compounded, restricting their movement even further. Importantly, however, if you’ve been injured in a no-fault accident while driving your mobility scooter, you may be eligible to make a mobility scooter accident claim for compensation.
In this guide, we’ll look at some common causes of mobility scooter accidents, the types of injuries that may be sustained, and what types of evidence would be useful for supporting your claim.
To find out more about mobility scooter accident claims, please read the rest of this guide. Alternatively, if you would like to discuss your options with us right away, please call 0800 6524 881 for a free consultation.
Table of contents
- Am I Eligible To Make A Mobility Scooter Accident Claim?
- Rules Regarding Mobility Scooter Use
- I Was Injured Due To A Faulty Mobility Scooter Can I Claim Compensation?
- Common Causes Of Mobility Scooter Accidents
- Common Injuries Caused By Mobility Scooter Accidents
- How Much Compensation For A Mobility Scooter Accident Could I Claim?
- Evidence To Support A Mobility Scooter Accident Claim
- Time Limits For Claiming Compensation
- Starting The Mobility Scooter Accident Claims Process
Our personal injury solicitors could act as your legal representative if they agree that you have a strong case to claim for a mobility scooter accident. Before starting your claim, they’ll need to first verify that:
- The defendant owed you a duty of care; and
- Their negligence caused an accident/incident involving a mobility scooter; and
- You sustained an injury as a result.
After establishing that you were owed a duty of care, the main thing our personal injury solicitor will need to concentrate on is proving that the accident occurred due to negligence and the extent of your injuries. We’ll take a look at the type of evidence that could be used to support your claim as we go through the guide.
According to the rules, mobility scooters and powered wheelchairs come under the category of ‘invalid carriages’.
Mobility scooters are further classified as Class 2 or Class 3 invalid carriages. Each of these is governed by a different set of rules.
- Class 2 invalid carriage – You do not need a license to drive a Class 2 mobility scooter, nor do you have to register the vehicle. You cannot drive a Class 2 mobility scooter on the road. You have to drive only on the pavement, except in places where there is no pavement. The maximum speed limit when driving a Class 2 invalid carriage is 4mph.
- Class 3 invalid carriage – You do not need a license to drive a Class 3 mobility scooter but you do need to register the vehicle. You may drive a Class 3 mobility scooter on the road at a maximum speed limit of 8mph.
Speed Limits – With both classes of mobility scooters, the maximum speed limit when driving on the pavement is 4mph. If you drive any faster than this, you are actually breaking the law.
Right of Way – According to rule 38 of the Highway Code, pedestrians have the right of way on the pavement over mobility scooters.
It is important to understand that you could automatically forfeit your rights to compensation if you break the rules while operating your mobility scooter causing an accident.
The Consumer Protection Act of 1987 is meant to ensure that products purchased by consumers are safe to use. If harm is caused by a defective mobility scooter, compensation may be sought for the injuries sustained. The Act essentially defines a faulty product as one whose safety does not meet normal expectations.
Therefore, to claim compensation for injuries caused by a faulty mobility scooter, you’ll need to be able to show that the scooter was:
- Not fit for purpose.
- Of unsatisfactory quality.
- Not as described by the manufacturer.
- The manufacturer or supplier did not provide adequate warnings or instructions for use.
Unfortunately, proving liability for a faulty product is often a complex process as it can involve numerous parties such as the manufacturer, importer, distributor and retailer. However, if you contact our claims advisors they’ll be happy to discuss how you were injured by a faulty mobility scooter to determine whether you could claim compensation.
There are various reasons as to how an accident involving a mobility scooter can happen, some of the most common include:
- Scooters that have been poorly maintained or are faulty.
- The scooter driver has little experience in riding a mobility scooter.
- Failure to correctly follow highway code laws and regulations.
- Poor road conditions such as potholes.
- Obstructions or other types of hazards in the scooter’s path.
- Shopping poorly loaded on the mobility scooter.
- The driver being under the influence of drugs or alcohol.
Accidents involving mobility scooters might be caused by either the driver themselves or by others such as pedestrians or road users. Whichever the case, if the accident was caused by negligence, a mobility scooter accident claim may be viable.
There are various injuries that could result from a mobility scooter accident either to the driver, injuries to pedestrians or other road users, including:
Don’t worry if your injury isn’t mentioned above, regardless of what type of injury you sustained, if it was caused by negligence, you may be able to make a mobility scooter accident claim so please contact our team of advisors to discuss your options.
When determining the settlement amount to claim for injuries sustained in a mobility scooter accident, a solicitor will assess properly how you’ve been affected. Compensation will usually be based on the pain and suffering resulting from the injuries (general damages) and also any financial expenses (special damages) the accident has caused you to incur.
Therefore, factors to consider when calculating compensation for a mobility scooter accident claim might include:
- The physical and emotional suffering at the time of your mobility scooter accident and whilst recovering.
- Any impact your injuries have had on family life, social life and hobbies (loss of amenity).
- Mental suffering from depression, anxiety and any other psychological injuries.
- Any income you lost if your injuries meant you were physically or mentally unable to work.
- Travel expenses incurred directly as a result of the mobility scooter accident.
- Medical expenses incurred such as prescription costs, treatment costs etc.
- Care costs if you needed somebody else to help support you whilst you recovered.
- The cost of repairing property or replacing property that might have been damaged or destroyed in the accident.
- The cost of vehicle or home adaptions due to ongoing disabilities.
- Any predicted future income loss.
If you’d like to talk over a potential mobility scooter accident claim with a personal injury solicitor, please call us on 0800 6524 881.
Until your case is fully reviewed, we cannot yet estimate the final settlement amount of compensation you could receive. However, you can use our compensation calculator for some idea of average compensation amounts for injuries commonly caused by mobility scooter accidents.
It’s important to state that all figures shown are simply advisory and should be regarded as such.
Gathering evidence to support a mobility scooter accident claim is a crucial part of the claims process. Some strong types of evidence that could be used include:
- Driver and vehicle details. If you need to prove fault for a car accident with your mobility scooter, details about any vehicles involved should be collected, plus the owner’s contact details.
- Medical report. If you have received a diagnosis and treatment for your injuries, ask the hospital or doctor if you may have a copy.
- Photographs. Phots of your injury can give a visual representation of your pain and suffering. Also, if it’s safe and possible to do so, try to photograph the accident scene from various angles.
- Dashcam footage. If the accident was caught on a dashcam, try to secure a copy as quickly as possible. CCTV or dashcam footage can be removed quite quickly, so it’s important to get a copy of it as soon as possible.
- Witness contact details. Take down the contact details of anyone who witnessed the mobility scooter accident if possible.
If you’d like us to take a look at any evidence you have gathered, please call and speak to one of our advisors today.
The time limit for making a personal injury claim is three years, starting from:
- The date the mobility scooter accident took place; or
- The date your injury was diagnosed.
If a child is injured, you may make a claim on their behalf as a litigation friend, at any time until their 18th birthday. If you do not make a claim on their behalf, they will have 3 years from their 18th birthday in which to file the claim for themselves.
If you are unsure as to when your time limit began, speak to one of our advisors who will be able to help you.
We believe the chances of receiving a fair amount of compensation for your mobility scooter accident will increase if you have a personal injury solicitor providing legal representation. If we accept your case, one of our personal injury solicitors will handle it for you on a No Win No Fee basis. A No Win No Fee agreement allows you to get the benefits of the solicitor’s expertise without having to pay any upfront fee or costs while the claim’s in progress.
If your mobility scooter accident claim is unsuccessful, you do not have to pay anything. If your claim is successful and you are awarded compensation, a percentage of that compensation will be deducted as the fee. This works hugely in your favour as it means you are not out of pocket at any time.
If you would like to find out more about starting a mobility scooter accident claim, please call us on 0800 6524 881.