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Anyone injured in an e-scooter accident that was a third party’s fault could potentially seek personal injury compensation for their injuries. While e-scooters can be a fun and convenient way to get around town, they are not without risk. Dangerous driving, poor road surfaces, and faults with the scooters themselves can all lead to serious accidents, in which legal action may be taken. So, to break the process down, we’ve created this guide to e-scooter accident claims.
Key Takeaways
- Electric scooters or “e-scooters” are battery-powered scooters that are appearing in more and more cities as part of local authority rental schemes.
- E-scooter riders are considered road users and therefore have a legal obligation to navigate the roads in a safe manner.
- Claims can be made for accidents involving these scooters, including public liability actions and road traffic accident claims, as well as seeking compensation against the rental operator or manufacturer for product faults.
- Our panel of expert solicitors offer their services to eligible claimants on a No Win No Fee basis and provides start-to-finish support throughout the electric scooter accident claims process.
- Legal Helpline is available 24 hours a day to answer your questions and offer free eligibility assessments to everyone who reaches out to us.
Contact our dedicated advisory team today using the details given below:
Browse This Page
- Can I Claim Compensation For An E-Scooter Accident?
- What Are The Common Examples Of E-Scooter Accident Claims?
- How Much Can I Claim For An E-Scooter Injury?
- How Can I Prove Fault For An E-Scooter Accident?
- Is There A Time Limit To Claiming For E-Scooter Injuries?
- Get E-Scooter Accident Claims Support From Legal Helpline
- Learn More
Can I Claim Compensation For An E-Scooter Accident?
Yes, you could seek compensation for an e-scooter accident if it can be demonstrated that a third party owed you a duty of care and breached this in some way. Now, depending on the circumstances, different third parties owe different duties in e-scooter accidents, including the scooter rider, other road users, the scooter manufacturer, and the rental platform.
We’ll get into specifics in the sections below, but the general eligibility requirements for a personal injury claim can be summarised as:
- You were owed a duty of care.
- A third party breached this duty.
- This breach resulted in an accident in which you sustained injuries.
Many types of accidents involving e-scooters can occur, so to help you out, we’ve provided a few explanatory examples for you here.
Accidents Caused By The E-Scooter
If an e-scooter rider does not obey the rules of the road, they could crash into pedestrians, cyclists, or other riders. The combination of the speed of these scooters and their increased weight due to battery packs means such collisions can be quite serious for all involved.
E-Scooter Road Traffic Accident
E-scooters are deemed as road users, like vehicle drivers and cyclists, and therefore have the same duty of care. A duty of care refers to a legal obligation to keep others safe, and every road user must do whatever they can to avoid causing harm. As part of this general obligation, road users must abide by the Road Traffic Act 1988 and the Highway Code.
E-Scooter Pothole Accident Claims
The Highways Act 1980 imposes a legal duty on the relevant highway authority to keep any roads it is responsible for in a state of good repair. Where accidents are caused by dangerous road defects, the highway authority can be sued for failing to properly inspect, repair or maintain the road surface within a reasonable time frame.
Product Liability Claims For E-Scooters
Product liability claims for e-scooters can be made against either the manufacturer or the rental provider if a fault with the scooter causes you to be injured. The Consumer Protection Act 1987 and the Consumer Rights Act 2015 enable persons injured by issues with a product to seek compensation. This could include problems with the brakes, batteries or steering, for example.
While the manufacturer of the scooters must ensure they are supplying products which are safe for use, many e-scooters are provided through third-party rental companies. These companies must also conduct routine inspections of their fleets, removing any faulty rental e-scooters from circulation and performing repairs or replacements as needed.
To see whether you may have an eligible compensation claim, you can contact our advisors.
What Are The Common Examples Of E-Scooter Accident Claims?
Common examples of e-scooter accident claims can include those made for faulty scooters, crashes due to potholes or other road defects, and road traffic collisions with larger vehicles. To give some more detailed scenarios:
- A driver pulled out of a side road without adequate checks and collided with you as you rode your scooter along the cycle lane. You experienced major fractures to your left arm and leg.
- Sudden brake failure caused you to lose control of your scooter while riding through a shopping area in the town centre. You swerved to avoid a crowd and fell from the scooter, hitting your head on the ground and suffering multiple laceration wounds.
- Despite multiple road users reporting a dangerous pothole on a city centre road, the local authority failed to take action. While riding your e-scooter along the road, you hit the pothole and were launched from the scooter, badly damaging your wrist and elbow.
For answers to any questions you might have, or get a free eligibility check, speak to our advisory team today via the contact information given below.
How Much Can I Claim For An E-Scooter Injury?
You could claim potentially 10s or even 100s of thousands of pounds for an e-scooter injury, whether for yourself or on behalf of someone else. As a scooter rider, you are at much greater risk of serious injury than a car driver and compensation amounts will reflect this in successful claims.
There are 2 heads of claim which this compensation may be paid out under:
- Compensation for any physical injuries as well as psychiatric harm is paid out under general damages.
- Financial losses that result from these injuries can be reimbursed under special damages, but we’ll look at this in more detail below.
Solicitors can use your provided medical records along with the guidelines from the Judicial College to help them calculate a possible general damages figure. Known as the JCG, this publication sets out guideline compensation brackets for multiple injury types and severities. We have compiled some JCG figures in the table here.
Compensation Table
Please be aware that the first figure in this table was not taken from the JCG
| Type of Injury | Guideline Payout Amount | Notes |
|---|---|---|
| Multiple Very Serious Injuries Leading To Major Financial Harm | Up to £1,000,000 and above | Cases where very severe injuries have been sustained alongside significant financial losses, for example lost wages, domestic care and out of pocket medical bills. |
| Head Injuries and Brain Damage - Very Severe (a) | £344,150 to £493,000 | Little, if any, response to the environment or language function necessitating nursing care full time. |
| Head Injuries and Brain Damage - Moderately Severe (b) | £267,340 to £344,150 | Very serious disability with a substantial dependence on others and a need for constant care. |
| Back Injuries - Severe (a)(i) | £111,150 to £196,450 | Damage to both the spinal cord and nerve roots leading to very serious consequences including paralysis and impaired bladder and bowel function. |
| Back Injuries - Moderate (b)(i) | £33,880 to £47,320 | Compression fractures with a substantial risk of osteoarthritis. |
| Chest Injuries - Permanent Damage (b) | £80,240 to £122,850 | Traumatic injuries to the chest region causing permanent damage and functional impairment. |
| Chest Injuries - Damage to Chest and Lungs (c) | £38,210 to £66,920 | Damage to the chest with some continuing disability. |
| Elbow Injuries - Severely Disabling (a) | £47,810 to £66,920 | Injuries resulting in severe disabilities |
| Elbow Injuries - Less Severe (b) | £19,100 to £39,070 | Where there is functional impairment but no significant disability and no major surgery required. |
| Wrist Injuries - Less Severe (c) | £15,370 to £29,900 | Minor injuries involving some permanent disability, e.g. residual pain and stiffness. |
This information is intended for use as guidance only.
Will E-Scooter Accident Compensation Cover Other Damages?
Yes, other damages can be covered by your e-scooter accident compensation for any financial losses you incurred due to your injuries. These can be paid out under special damages.
We’ve provided a summary of possible costs here:
- A loss of earnings if you need to be off work to recover from your injuries.
- Any out-of-pocket medical bills, such as private treatment, physiotherapy, counselling or prescriptions
- If your injuries prevent you from driving, you may be reimbursed for travel expenses to get to your hospital appointments or place of work.
- Care and support within the home, including childcare, cooking and cleaning, gardening, and DIY tasks, if you cannot safely complete these activities by yourself.
- You might require some home modifications if your mobility has been affected. This might include installing access ramps, additional handrails, or walk-in showers.
Make sure you hold onto any evidence of these costs, including your payslips, travel tickets and bills for care and other services. It is also worth noting that both past and future costs can be compensated under special damages.
This section is intended to provide guidance on potential payouts for an e-bike accident. To get a more detailed idea of how much compensation you could claim on a No Win No Fee basis, talk to one of our advisors today.
How Can I Prove Fault For An E-Scooter Accident?
You can prove fault for an e-scooter accident by making sure you provide the right supporting evidence. Whether you were injured in a road traffic accident or because of a fault with a scooter itself, it’s important to properly document what happened and how you were affected.
The evidence you collect will not only be used to prove fault but also enable solicitors to accurately value the claim. Some evidence examples have been set out for you here, but different evidence may be available depending on the circumstances of your case.
You could gather the following:
- Medical records, such as examination notes, scans, and test results, can be used to show the injuries sustained and their severity.
- Video footage, such as from CCTV or dashcam devices, can be very helpful in showing how the incident unfolded.
- Photograph the e-scooter, including the serial number and any visible faults. You should also photograph your injuries and the immediate scene of the accident. Of course, if your injuries prevent you from doing this, someone else can.
- Persons who witnessed the e-scooter accident could provide a witness statement; be sure to pass any relevant contact information to the solicitor so statements can be taken during the claims process.
Further information on what evidence can be used in rental e-scooter accidents can be sought by speaking to our advisors. Talk to a member of our dedicated team via the details given below.
Is There A Time Limit To Claiming For E-Scooter Injuries?
In most cases, a personal injury claim will need to be made within 3 years of the accident date. This time limit was established by the Limitation Act 1980. That being said, the general limitation period can be extended if particular circumstances arise.
To learn more about this time limit and the exceptions, you can read our dedicated guide on the time limits.
You can also contact our advisors to see whether your claim is still within the time limit.
Get E-Scooter Accident Claims Support From Legal Helpline
Getting E-scooter accident claims support from Legal Helpline is as easy as picking up the phone. However you choose to contact us, you can get through to a real person and get answers to any of your questions.
Our team can also provide a free eligibility check and put you through to an expert road traffic accident solicitor from our panel. The solicitors we work with have several years of experience and know that each claim will need to be considered individually. So, the service they provide you will be considered individually as well.
Services Our Panel Can Provide
Here are just some of the ways our panel of experts can help you and the services they can provide:
- Getting you the right medical care, rehabilitation and other treatment you require.
- Explaining exactly what is happening with your claim and keeping you abreast of any developments. A solicitor can also explain all the legal jargon, a lot of which can be found in the legal glossary here.
- Assisting you with gathering supporting evidence and other documentation.
- Determining a total compensation figure for the claim, taking into account your lost earnings and other costs.
- Reaching a final settlement with the defendant’s solicitors.
At Legal Helpline, our expert panel of solicitors provide their legal services under a Conditional Fee Agreement (CFA). This No Win No Fee agreement protects claimants from paying any service fees both at the start of or during the claim. You will also not be liable for any service fees if the claim fails.
In the event of a successful claim, however, the solicitor will take a success fee from your compensation. The Conditional Fee Agreements Order 2013 restricts the percentage solicitors can charge as their success fee to a maximum of 25%.
Contact Our Team To Get Started
Contact our dedicated advisory team today using the details given below:
- Call us on 0333 000 0729.
- You can also contact us online.
- Or, open the live chat on your screen now.
Learn More
You can read some of our other claims guides here:
- Read our guidance on making a spinal injury claim here.
- Find out more about making claims against the council following an accident.
- Learn when you could make a loss of amenity claim.
We have also provided these external resources, which we hope you’ll find useful:
- You can view the latest consultation on the law for powered mobility devices on the government website.
- Read the advice on e-scooters and electric bikes from the police.
- Check the NHS guidance on when to call 999 on this webpage.
Thank you for taking the time to read our guide to e-scooter accident claims. Further information, including a free eligibility check, is available 24 hours a day from our advisory team via the contact details above.
