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E-Scooter Accident And Injury Claims

Updated by Max Mitrovic on 7th April 2022. Road-legal e-scooters have quickly become a fun, fast, and convenient way to get around town. When e-scooter riders respect The Highway Code and other motorists, the transport can be enjoyable for everyone 18 and over. However, e-scooter users could also have an accident that was not their fault.

e-scooter accident

E-scooter accident guide

As such, if you’ve been injured in an e-scooter accident that wasn’t your fault and you would like to start a personal injury claim, we can help. Why not get in touch now for free legal advice from our advisors? Get in touch by:

This guide will explain in what circumstances you may be able to make an e-scooter claim. Furthermore, it will also show the benefits of using a No Win No Fee scooter accident lawyer.  For more advice, continue reading our guide below.

Select A Section 

  1. A Guide To E-Scooter Accident Claims
  2. What Is An E-Scooter Accident?
  3. Are E-Scooters Legal In The UK
  4. Where Can You Ride An E-Scooter In The UK?
  5. Who Was At Fault?
  6. Types Of E-Scooter Accidents
  7. Types Of E-Scooter Injuries
  8. How Do You Claim For An E-Scooter Accident?
  9. E-Scooter Accident Compensation Calculator
  10. Compensation For Medical And Other Expenses
  11. No Win No Fee E-Scooter Accident Claims
  12. Start Your Claim 
  13. Read More
  14. Electric Scooter Accident Statistics
  15. FAQs

A Guide To E-Scooter Accident Claims

As rented e-scooters are a relatively new phenomenon in the United Kingdom, so too are e-scooter accident claims and compensation. Because the government started e-scooter trials recently as a means of tackling climate change and vehicle emissions in July 2020, the concept of e-scooters on the road is new for all of us. Motorists are learning to adapt to the presence of a new type of vehicle on the roads. 

An accident may have been the result of a pothole on the road, or even another road user. As this guide will show, claiming compensation for an electric scooter accident revolves around proving that third-party negligence contributed to it.

What are e-scooters?

An e-scooter should not be confused with a moped or a smaller 50cc motorcycle that can sometimes be referred to as a ‘scooter’. E-scooters refer to electric scooters, as they are similar to push scooters commonly ridden by children, except for the fact that they are electrically propelled, larger in size, and rechargeable.

E-scooters are regarded as motor vehicles as they are mechanically propelled, as opposed to a bicycle, which is pedal-powered. This definition is legally protected by the Road Traffic Act 1988

Only rented e-scooters provided as part of local trial schemes can be used on the road, so this guide will largely refer to these rentals. 

What Is An E-Scooter Accident?

An e-scooter accident can happen on a public road in the UK. This might happen if you are hit and injured by another motorist or if you are tripped by a pothole or a crack in the road that shouldn’t be there. A claim could be possible if the accident was not your fault.

Accidents on an e-scooter can happen in a variety of ways. Crashes can result in an injury to a variety of body parts such as the back, hips, arms, or legs. For example, you may sustain concussions, sprains, fractures, and lacerations in an e-scooter accident. If multiple injuries are caused by the e-scooter crash, you can seek compensation for all as part of the same claim.

These e-scooter injuries can happen due to falling off the vehicle. This could happen as a result of a lack of council maintenance. For example, overgrown tree roots can cause a break in the road. Roads may be poorly surfaced by the local council (or other authority in control of the safety of the road) and can lead to a loss of control over the vehicle.

They can also occur as a result of road traffic accidents where another motorist hits an e-scooter user. In the case of road traffic accidents, many of these incidents can occur because car drivers do not notice e-scooter drivers in time due to distractions.

Whether you’re looking to claim for an e-scooter death or an electric scooter accident that caused multiple injuries, you need to show that the third party that caused your injury had a duty of care towards you. It’s only if that’s the case that you can prove they were negligent.

Are E-Scooters Legal In The UK

E-scooters are indeed legal to own and use in the UK, but just like cars or bicycles, this comes with certain restrictions that must be observed. These are as follows:

  • You must be 16 to use an e-scooter on private land, according to a recent Parliamentary report. However, to use a rented e-scooter, provided under the pilot scheme, you must be 18 or over.  
  • Riders are prohibited from using electric scooters on pavements. 
  • You cannot use an e-scooter on motorways. 

Do you need a licence to ride an e-scooter?

Anyone riding an e-scooter must have at least a provisional licence. If you rent an e-scooter through a local government pilot scheme, you will be covered by insurance as part of your rental purchase for however long you are in control of your rented scooter. 

The need for a provisional licence only applies to riding an e-scooter on public roads. On private land, you do not need a licence, but we recommend that you use a privately-owned scooter on private property you have permission to use. 

It is not legally necessary to wear a helmet when riding an e-scooter, but it is recommended for your own safety. A similar recommendation is the usage of fluorescent clothing, especially while riding at night. This will mean you are more visible to other road users, thereby reducing the opportunity for an accident while on an e-scooter. 

While these aren’t legal requirements, you could be considered partially responsible for an e-scooter crash if these precautions aren’t taken. Every electric scooter accident claim is different so whether these precautions will be relevant or not will depend purely on the circumstances surrounding the accident.

Where Can You Ride An E-Scooter In The UK?

In the UK, e-scooters can currently be used in two main settings. These are on the road in England where there are government trials and on private property. However, specific restrictions will apply here.

E-scooters can be divided into two categories: 

  1. Those that are privately purchased through retailers
  2. Those that are rented through companies, usually licensed and provided by local councils. You can only ride officially licensed rental scooters on the roads and also on cycle lanes in these areas.

At present, private scooters are not road-legal. This could change in the future, however

Rented e-scooters can be hired for a small price which may differ depending on your local area. This is usually done from docking stations scattered throughout city centres. E-scooter hire is seen as an attractive option as the price you pay is “all-in-one”. This is because your fee pays for insurance as well as the use of the vehicle, which is one of the factors that makes them road-legal. 

Firstly, as mentioned, rental e-scooters must never be operated on footpaths for the safety of yourself and pedestrians. While recharging stations are positioned on footpaths, you must safely wheel these onto the road. 

While on the road, you must respect The Highway Code and other motorists. You can also not currently use these in parks if there’s no public road running through it. If you are found to have operated an e-scooter on footpaths or in parks, this could invalidate your claim. 

For more specific information about rental e-scooters and their availability in your area, contact your local council. 

Who Was At Fault?

When looking at an e-scooter accident, solicitors will need to determine who is liable for the injuries. To do this, they consider the following:

  • Did the other party have a duty of care to protect your safety?
  • Did they breach that duty?
  • Were your injuries the result of this? 

Duty of care

In any personal injury claim, solicitors must be aware of who has a duty of care. This means the party has a legal responsibility to keep all visitors safe in the space they control. 

Relevant to the world of e-scooter accidents is public liability. In public spaces controlled by the local council as well as private property, the controllers of spaces are obligated to follow the Occupiers’ Liability Act 1957. This gives occupiers the responsibility to ensure that anyone that visits is kept “reasonably safe” while present. 

Local councils can follow this legislation by ensuring that public highways are regularly maintained in a timely manner. If they become aware of missing road signs or potholes, for instance, they have a duty of care to repair these as reasonably soon as they can. The local council also has a duty to practice preventative maintenance before disrepair happens. 

If a party, like the local council, has a duty of care to keep people safe and they do not fulfill their responsibilities, this is referred to as a breach of duty. Negligence is then determined if that breach of their duty of care directly resulted in injury for the person making a claim.

Hit by another motorist 

If you are hit by another motorist, liability still needs to be worked out. Whoever caused the accident could be found liable. For example, if a driver was using their mobile phone while they pulled out and they hit an e-scooter rider because of this, they could be liable. If you ignored a red light when the driver ahead braked in a reasonable amount of time and you crashed into them, you could be liable.  

Can I still claim?

You could make a claim in situations where your injuries were not your fault. If you lose control of your e-scooter after hitting a crack or pothole in the road that the local council has failed to repair in a timely manner, you may be eligible for a claim. 

However, if your use of an e-scooter is deemed unlawful, your claim could be dismissed. For example, if you use a rented e-scooter on a footpath with the knowledge that this is prohibited then, even if you are injured, your claim could be invalid. This is the same for private e-scooters not used on private land. In order to make a successful e-scooter claim, you need to adhere to the relevant laws regarding their use.

If you have been involved in an e-scooter accident that was not your fault, but you are confused about the circumstances around your case, speak to our advisors today. They can offer you free legal advice and help you with the finer details of your claim. 

Types Of E-Scooter Accidents

E-scooter riders will occupy the same roads that car drivers and motorcycle riders drive on. As such, they can be susceptible to similar road traffic accidents. For example:

  • You may be affected by dangerous or reckless driving where you have been sideswiped, T-boned, or rear-ended by another road user. 
  • Substandard road conditions may also be the root cause of an e-scooter accident, such as a crack in the road or missing road markings. 
  • Car accidents involving doors can also be problematic on UK roads. These occur when someone driving a car parks alongside a road, and opens a door perpendicular to the road without checking their surroundings, causing a rider to crash. 
  • One other setting where an e-scooter accident could occur is at a junction. E-scooters and their riders do not occupy the same amount of space on the roads as a car. As such, it may be more difficult for car drivers to see an e-scooter approach at a T-junction, especially if the driver of the car is not paying attention. This may result in the rider T-boning or rear-ending the car driver, leading to a possible injury.

The above list of accidents is not exhaustive and may not adequately reflect the circumstances of your own incident. We recommend speaking to a personal injury solicitor about the full details of your claim so you can get the best advice possible. 

Types Of E-Scooter Injuries

There is no one specific type of injury that you can sustain while using an e-scooter. Here is a breakdown of possible injuries that could occur as a result of an e-scooter injury.

  • Fractures: these are cracks and breaks in the bone that can range in severity and pain. 
  • Lacerations: these are cuts that have a significant depth. 
  • Road burn/road rash: This would occur from abrasion sustained from falling off an e-scooter and grazing against the road. 
  • Brain injury: this could be sustained if you hit your head during an accident, for example in a collision with another vehicle or the road itself. This could include concussions or a haemorrhage.  
  • Soft tissue injury: this can occur anywhere on the body. These include sprains, bruises, strains, and tendonitis. 

If you sustained any of these injuries in an accident that wasn’t your fault, you may wish to start a claim. For free legal advice related to personal injury claims, why not speak to our advisors today?

How Do You Claim For An E-Scooter Accident?

The only e-scooters that are currently road-legal are those that can be rented as part of the government trial scheme, and when hired, these are insured. 

Private e-scooters are not road-legal and they cannot be insured. As such, you would not be eligible for a claim if your injuries happened while you were riding unlawfully on public roads. 

Riding a legally rented scooter on pavements or anywhere that isn’t a road may also make your claim invalid as these actions are also illegal.

If your injuries were caused by an uninsured motorbike rider or motorist, the compensation could be paid by the Motor Insurers’ Bureau. This could also be the case if the driver is untraceable (leaves the scene without sharing their insurance details). 

If you are looking to submit a claim for an injury you sustained while using an e-scooter, please be advised of the time limits in place. Broadly speaking, you have three years to submit a claim from the date of your injury if you are 18 or over. 

However, the timer can start from the date you became aware of your injury. Also be advised that in special circumstances, a judge can extend the time limit indefinitely.

If you are unsure of the time limit remaining for your e-scooter accident claim, speak to our advisors as soon as possible. Not only can they help you understand these time limits, but they can also offer free legal advice in relation to your claim. 

E-Scooter Accident Compensation Calculator

If you want to find out how much you could be owed for your e-scooter accident and injuries, you may wish to make use of our compensation calculator. You may also wish to examine the below compensation table, which contains figures derived from the Judicial College Guidelines. These are guidelines that solicitors use when valuing claims. 

InjurySeverityNature of IncidentPossible Compensation
Injury to the Brain(d) Less Severe Brain DamageLess serious brain damage. You will be able to resume a normal life but you may suffer with memory problems and changes of mood. £14,380 - £40,410
Injury to the Neck(b) Moderate (i)Moderate neck damage. You may need spinal fusion, for example.£23,460 - £36,120
Injury to the Back (b) Moderate (i)Moderate back damage may occur. This can incorporate a crush fracture of the vertebrae as well as constant pain and discomfort. £26,050 - £36,390
Injury to the Shoulder(c) ModerateModerate shoulder damage. This can involve a frozen shoulder with reduced mobility. This will persist for about two years.£7,410 - £11,980
Injury to the Pelvis(c) Lesser Injuries (i)Minor pelvis damage. This can involve soft tissue damage. Likely to be a recovery within two years.£3,710 - £11,820
Injury to the Leg(c) Less Serious Leg Injuries (ii)Simple fracture of a femur with no damage to articular surfaces. £8,550 - £13,210

If you cannot see your injury listed above, don’t worry. This table only provides you with an indication of the compensation a scooter accident lawyer could get from a successful claim. While you don’t need to claim with legal counsel, doing so could help you receive compensation.

For accurate advice specific to your own e-scooter accident and injuries, get in touch with our advisors, and they can value your claim for free.

Compensation For Medical And Other Expenses

Compensation for any injury, including for e-scooter accidents, can usually be thought of in two categories. These are general damages and special damages.

General Damages

General damages refer to medically diagnosed “pain and suffering” that you sustained as a result of your accident. These injuries can be psychological as well as physical and will be diagnosed by a licensed medical professional.

As part of the claims process, you’d attend a medical assessment. An independent medical professional would check your injuries and any applicable medical records and create a report. That report can be used to:

  1. Prove the severity of your injuries.
  2. Evidence that your injuries were caused or worsened by the accident. 

If the professional finds there’s no link between your injuries and the accident, you could find it difficult to claim. 

Your solicitor would use this report to support your claim and value your injuries. 

Special Damages

Special damages refer to financial losses caused by your injuries. This can incorporate lost wages as well as travel expenses to and from appointments, for example. This can also include private healthcare costs caused by the e-scooter crash.

Try to keep hold of proof of expenses such as receipts and payslips as these could constitute useful evidence for your claim. 

The aim of compensation is to get you back to the position you were in before your accident happened. If you believe you may be entitled to compensation as a result of an accident that wasn’t your fault, speak to our advisors. They could connect you with a personal injury solicitor.

No Win No Fee E-Scooter Accident Claims

If you have been involved in an accident that wasn’t your fault and were injured, you may be interested in making a compensation claim. However, you may be concerned about the costs of funding a solicitor’s services. This is understandable. You may wish to make use of what personal injury solicitors call a Conditional Fee Agreement (CFA), informally called a No Win No Fee agreement. This means that if your claim is unsuccessful, you do not pay your solicitor’s fees.

However, if you win, you only have to pay a smaller percentage of your compensation as a success fee to your solicitor. 

The No Win No Fee basis for claims is attractive for people who may be worried about legal fees, as this mitigates the cost of a solicitor’s services. In addition, you won’t pay any upfront or ongoing solicitor fees during the claim.

To find out more about your possible No Win No Fee case, speak to our advisors now for the most relevant information. 

Start Your Claim

The advent of e-scooters in England is new, and that might leave you confused about what to do if you’ve been involved in an accident on an e-scooter that wasn’t your fault. 

Don’t be. 

Our solicitors have the experience and expertise to help you know if you could start a personal injury claim. Our advisors can provide free legal advice for your claim and could connect you with our solicitors. To find out more, we recommend:  

Read More

Below, we’ve added links to information that we believe could be helpful for you. 

Road traffic accident claims

Road traffic accident solicitors: How to make a No Win No Fee claim

E-scooter trials: guidance for users

Request CCTV footage of yourself

The Highway Code

Electric Scooter Accident Statistics

Below are recent statistics provided by the Department for Transport regarding the number of casualties created by accidents involving e-scooters. As you can see, across the year ending June 2021, 675 people were slightly injured, 253 were seriously injured and there were a total of 3 deaths. 

e-scooter accident statistics graph

e-scooter accident statistics graph

From the information, it’s unclear if the fatalities were an e-scooter death or related to the vehicles that crashed into the e-scooter. What’s important, however, is that there were over 900 casualties in this annual period. 

Casualties caused by an e-scooter crash may be more than you think. Please refer to the Department for Transport website to learn more about electric scooter accident statistics. To learn more about claiming, please contact us for free legal advice using the above details.

FAQs

We have provided a list of frequently asked questions in relation to accidents that happen when riding an e-scooter. These may give you the extra information you need for your potential personal injury claim.

What happens if you crash an e-scooter?

 Rented e-scooters that are part of the Government-backed-trial scheme are insured. This is included as part of the cost. If you crash a private scooter, your claim would be ineligible as these are not road-legal.

Are e-scooter accident claims affected by the Whiplash Reform Program?

No. E-scooters fall outside the realm of this program, therefore any claims do not go through the Online Injury Claims portal. 

What happens if the police catch you on an electric scooter?

If caught riding a rented e-scooter on the pavement, or a privately-bought scooter you could be fined as well as receive points on your licence.

Got a question that’s not listed here? Don’t forget you can contact our advisors. Get in touch to discuss your e-scooter accident today.

Written by McCurry

Edited by Victorine

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