The legal status of e-scooters and what to do if you are in an accident
E-scooters seems to be in the news with reported accidents and tragically sometimes the deaths of those riding them, or being hit by them – so what is the law around e-scooters and what can you do if you are hit and injured by one?
Are e-scooters legal?
Electrical scooters, commonly referred to as e-scooters come under the category of 'powered transporters' and whilst they are legal to buy and own it is illegal to ride them on public roads, cycle lanes, pavements, or any public spaces, something which is not commonly known. As they are classified as “powered transporters” under section 185(1) of the Road Traffic Act 1988 they are treated as motor vehicles according to the law.
“Many people just do not realise that the scooter they are using is considered a vehicle and as such comes with strict legal guidelines and consequences,” said Personal Injury lawyer, Lisa Anderson.
“Whilst they may seem ubiquitous if you use a privately-owned e-scooter in public you risk the vehicle being seized under S.165 Road Traffic Act 1988 for having no insurance and if you cause serious harm to another person whilst riding an e-scooter, the incident will be investigated in the same way it would if you were riding a motorcycle or driving a car,” warned Lisa
Because of their motor vehicle status, private e-scooters require insurance, a valid licence, tax, and must meet construction/use regulations—but none applies to private e-scooters as they’re not permitted on public roads.
If using an authorised rental scheme then use on public roads, some cycle lanes, and other public spaces is permitted in the UK.
E-scooter accidents
If you are injured and hurt by a rental e-scooter, you can claim normally through the operator’s insurance, similar to claiming against a negligent motor vehicle driver
However, if you are injured by a private e-scooter you will have to make a claim via the Motor Insurers’ Bureau as the driver will be uninsured.
The standard 3-year limitation applies and so any e-scooter accident claims must be started within three years of the accident or knowledge of injury
Child accident claims
Minors have until their 21st birthday to begin a claim (3 years from turning 18), and legally incapacitated persons may have this period extended or paused, with a litigation friend able to act on their behalf.
“As with most personal injury claims we always advise clients to have a full and frank account of what happened, a timeline and evidence to support any claim,” advised Lisa Anderson.
“This can and should include photographic evidence of the scene, any CCTV or dashcam footage, witness statements, medical records detailing injuries and if it was a rental scooter the rental agreement details.”
As with many things sometimes the law is playing catch up and whilst rental schemes and the law surrounding e-scooters is clear, public ownership is different and the Government is currently gathering data, refining safety rules and creating the regulations needed to legalise private e-scooters on public land – as with many things legal it’s a case of watch this space.
How can we help?
For legal advice on making a e-scooter accident or road traffic accident claim contact our Personal Injury Solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk
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