E-scooters (electric scooters) are a regular choice of transport in many towns and cities across Britain now after Government schemes introduced them. A convenient option for getting around, they must be operated in strict accordance with road safety laws. If you were injured as an e-scooter rider or were harmed by someone using one recklessly, you could make an electric scooter accident claim.
Our guide will cover all the information to help make a personal injury claim by first defining what an e-scooter accident is for both riders and other road users. Time limits apply to starting claims for personal injury and we detail that below. Evidence is also a fundamental requirement to launch a claim and to help, we list some examples of proof that you could use.
We explain the compensation that can apply after collisions involving e-scooters. Also, how long a road traffic accident claim of this nature typically takes. To conclude our guide, we detail how beneficial No Win No Fee agreements can be and how a personal injury solicitor from our panel could potentially handle your claim in this way.
Claiming compensation for accidents involving e scooters can be a complex process. With this in mind, why not find out now if a solicitor could help? It’s free to get in touch and there’s no obligation to use our services. An advisor will chat over the eligibility of your electric scooter accident claim and answer any questions you may have:
- Call 0333 000 0729
- Submit an online enquiry form.
- Chat in our on-screen live support option below.
Select A Section Of Our Guide
- What Is An Electric Scooter Accident Claim?
- What Are The Different Types Of E-Scooter Accident Claims?
- How Long Do I Have To Make An Electric Scooter Accident Claim?
- What Do I Need To Make An E Scooter Accident Claim?
- How Much Compensation For Accidents Involving E-Scooters?
- How Long Can An Electric Scooter Accident Claim Take?
- Claim For An E Scooter Accident On A No Win No Fee Basis
- More Useful Resources About Making A Personal Injury Claim
What Is An Electric Scooter Accident Claim?
For the rider, an electric scooter accident claim can be a type of legal action taken against another road user after a collision resulted in them being harmed. The basis of a claim needs to show that the other road user was negligent.
All road users owe each other a duty of care to use the roads in such a manner that injuries and damage are avoided. To be compliant with this legal obligation, road users should ensure compliance with relevant legislation including the Road Traffic Act 1988 and the Highway Code. Therefore to have a valid e-scooter compensation claim, you need to demonstrate that:
- A duty of care applied at the moment of injury.
- A third party, such as a vehicle driver, breached this duty.
- Your injuries were a direct result of this breach.
Call our advisory team to discuss your eligibility to move ahead with a compensation claim for personal injury.
Do E-Scooter Riders Have A Duty of Care?
All road users, including e-scooter riders, owe a duty of care to others on the roads to navigate in a safe manner. Additionally, there is Governmental guidance that explains how an e-scooter should be operated in public:
- The rider needs to have category Q entitlement on their driving licence (or full provisional) to operate an e-scooter that is part of the Government scheme.
- A cycle helmet and light-coloured or fluorescent clothing is recommended (but not a legal requirement).
- E-scooters can be used on the road and cycle lanes – not on the pavement or on motorways.
- One person at a time is allowed on the scooter and it should not be used to tow anything.
- The rider cannot use mobile phones while riding.
- The rider’s bags and personal items should not be suspended over handlebars.
- E-scooters should never be operated while drunk or otherwise intoxicated. The rider could be prosecuted under drink and drug driving laws.
E-scooter riders could receive a fine and penalty points if they fail to follow these guidelines. Furthermore, if a rider is deemed to be partly at fault for an accident, they could receive a reduced amount of compensation in any successful claim they make.
What Are The Different Types Of E-Scooter Accident Claims?
This guide mainly focuses on the claim from the perspective of an injured e-scooter rider. So below, we look at this, but also claims made by those who are injured by an e-scooter rider:
As An E-Scooter Rider
There are some example ways that injury could occur on an e-scooter because of the negligence of others:
- A motorist fails to notice the e-scooter rider and collides with them whilst turning a corner, causing multiple injuries.
- An intoxicated motorcyclist shunts an e-scooter rider from the road, causing them to fall and sustain a serious back injury.
- A lorry driver who is speeding above the legal limit fails to stop in time at a junction and knocks the e-scooter rider into oncoming traffic, creating a serious head injury and spinal damage.
- An unrepaired pothole threw the rider from the scooter and a claim was made against the council responsible.
As A Pedestrian Or Other Road User
Privately owned electric scooters cannot lawfully be used on public roads and activities with them should be confined to the premises of the owners. However, it could be possible to seek compensation against the rider of an e-scooter that’s part of the Government scheme if they injured you.
This is because these rental e-scooters are supplied by private companies and they must insure them as part of the scheme. Therefore, your claim for injury would be made against the e-scooter provider and their insurer after the accident or malfunction.
Call one of our advisors to discuss further starting an electric scooter accident claim.
How Long Do I Have To Make An Electric Scooter Accident Claim?
Personal injury claims typically need to be made within three years of the date of the accident. This is set out in legislation called the Limitation Act 1980. There are certain circumstances which alter the time limits and limitations:
- A pause applies to time limits if the claimant is a minor (under 18). Instead, a concerned party can start a claim on their behalf if appointed by the courts as a litigation friend. Alternatively, the minor has three years starting from the date of their 18th birthday to launch a claim independently if one was not made.
- There is a freeze on time limits for people who lack mental capacity to manage an electric scooter accident claim. Once again, a litigation friend can act for them. Or, if their mental capacity should return, the person has three years starting from that date to claim themselves.
What Do I Need To Make An E Scooter Accident Claim?
An electric scooter accident claim needs solid evidence that shows how the other road user was in breach of their duty of care and this caused your injuries. The following could help:
- CCTV footage of the accident, as well as dashcam or helmet-cam evidence.
- Photos of the accident scene, damage to the scooter, the other motor vehicles and your visible injuries.
- Contact information for eyewitnesses so that if you instruct a solicitor, they can obtain a statement from these people later on.
- Medical records that detail the level of injury you sustained.
How Much Compensation For Accidents Involving E-Scooters?
The settlement in a successful electric scooter accident claim can consist of up to two heads of loss. General damages apply a value to the physical injuries, as well as any psychological damage caused by the e-scooter accident. Special damages acknowledge the financial harm caused by the injuries.
To calculate an amount under the general damages head of loss, those involved often refer to available medical evidence. Also, publications that list compensation guidelines for various injuries, like the Judicial College Guidelines (JCG) may also be used. An excerpt from this is below. Please note, the figures represent a guideline only and the first entry does not come from the JCG:
Compensation Guidelines
| Nature of Injury | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Cases of multiple and severe injury, plus special damages. | Severe | Up to £1 million plus. | Extraordinary awards like this include severe degrees of multiple harm and special damages for medical expenses, care costs and loss of employment. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 | No (or little) environmental response and full-time nursing care required. |
| Severe Leg | (ii) Very Serious | £66,920 up to £109,290 | Permanent injuries that require walking aids for life. |
| Knee | (a) Severe (ii) | £63,610 up to £85,100 | Leg fractures that continue into knee joint creating constant pain and mobility issues. |
| Ankle | (a) Very Severe | £61,090 up to £85,070 | Transmalleolar fractures and extensive tissue damage causing permanent deformity and increased risk of future amputation. |
| Neck | (a) Severe (iii) | £55,500 up to £68,330 | Cases of dislocations, fractures, ruptured tendons and soft tissue damage that cause chronic problems. |
| Back | (a) Severe (iii) | £47,320 up to £85,100 | Fractures and disc lesions of vertebral bodies and soft tissue injuries where pain and mobility problems persist despite treatment. |
| Pelvis | (b) Moderate (i) | £32,450 up to £47,810 | Significant injury (with risk of hip replacement) but permanent disability not considered likely. |
| Wrist | (b) Significant | £29,900 up to £47,810 | Injuries that create a significant and permanent disability but some movement remains that is useful. |
| Shoulder | (b) Serious | £15,580 up to £23,430 | Cases of dislocation and damage to brachial plexus causing pain and aching. |
To include special damages in the electric scooter accident claim, it is necessary to submit documented proof of financial harm you suffered due to your injuries. This might include:
- Medical bills.
- Payslips proving a drop in income because of time off work to recover.
- Proof of travel fares to essential appointments.
- The cost of any care that was provided to you.
Call if you’d like to understand what general and special damages could be considered as part of your electric scooter accident claim.
How Long Can An Electric Scooter Accident Claim Take?
Each personal injury claim differs, so there is no strict rule on how long one can take to reach a settlement. Certain factors have a bearing, such as:
- The complexity of the injuries and your predicted recovery.
- How long it takes to collect any specialist medical reports.
- Whether the defendant disputes their liability for your injuries.
- If you have to negotiate. For example, if the other party offers you a settlement, but you don’t feel like this fully compensates you, you could negotiate for a higher figure.
Speak with an advisor to discuss any aspect of making an electric scooter accident claim.
Claim For An E-Scooter Accident On A No Win No Fee Basis
Rather than face making an E-scooter claim alone, you could qualify for the help of a personal injury solicitor who has decades of experience with claims for road traffic accidents. The ones on our panel bring a wealth of expert services to the claims they handle, for example:
- The solicitors will gather supporting statements and help you assemble strong and compelling evidence for your claim.
- They will argue for the highest settlement for your circumstances on your behalf.
- All negotiations with the other side are done for you.
- Solicitors carry out all the Pre-Action Protocol. These are steps to take to help a personal injury claim stay out of court.
Our panel of solicitors provide a version of the No Win No Fee contract called a Conditional Fee Agreement (CFA). Under agreements like these,
- You avoid needing to pay any upfront or ongoing fees to the solicitors to start work on your case.
- Unsuccessful claim outcomes don’t require a payment for finished services at all.
- Claims that win require a payment to the solicitors. A ‘success fee’ is taken from the compensation that has been awarded to you by your solicitor. A legislative cap means that the percentage is legally limited.
- The person making the electric scooter accident claim benefits the most.
Interested? Find out more about how No Win No Fee solicitors on our panel could take up your E-scooter accident claim when you:
- Call 0333 000 0729
- Submit an online enquiry form to see if you can claim compensation.
- Chat in our on-screen live support option below.
More Useful Resources About Making A Personal Injury Claim
As well as this guide on electric scooter accident claims, these other resources may help:
- Here we look at road traffic accident claims in general.
- Also, read info on motorcycle accident claims.
- In addition to this, there’s a guide on how much you could claim as a pedestrian.
External help:
- This resource provides advice on using e-scooters from the police.
- Here you can read about Brake the road safety charity.
- Lastly, read about when to call 999.
We greatly value your interest in our guide about making an electric scooter accident claim. For any more information and free guidance, please reach out to the advisory team on the number above.
