Electric scooters or E-scooters have become quite popular in the UK. However, like all modes of transportation, they can be involved in accidents and cause injuries. Making a claim can ensure you are fairly compensated, not only for any injuries you have suffered but also for the financial harm you endured as a result. In this guide, we are going to show you how to sue for an electric scooter accident.
E-scooters may be a fairly recent phenomenon, but our team has all the information needed to help you. In particular, this article will explain the eligibility criteria to make a valid claim, explore the process that is involved, and discuss how compensation can be valued.
We will also set out the various requirements pertaining to E-scooters and how E-scooter accidents may occur. Finally, we will outline how our panel of No Win No Fee solicitors can help you with your claim.
Contact us now to know more about making road traffic accident claims:
- Call us at 0800 408 7827.
- Contact us online.
- Speak to us using our live chat.
Jump To A Section
- Can I Make An Electric Scooter Claim?
- E-Scooter Accident Examples
- How Much Compensation Could I Get For An E-Scooter Claim?
- How To Sue For An Electric Scooter Accident
- Can I Claim On A No Win No Fee Basis?
- More Information
Can I Make An Electric Scooter Claim?
In order to have a valid electric scooter claim, you must meet the following eligibility criteria:
- Another party, such as a motorist, had a duty of care towards you.
- They breached this duty.
- You suffered an injury due to this breach.
These criteria apply to anyone who has been injured in an E-scooter accident through no fault of their own, including pedestrians. Given that, you may be eligible to claim compensation if an E-scooter hits you whilst you are walking on a pavement.
E-scooters are classified as a type of motor vehicle under UK law, meaning riders have the same duty of care as other road users. In short, this duty of care requires riders to travel in such a way as to avoid causing harm to one another and themselves. To do so, E-scooter riders need to follow the provisions of the Road Traffic Act 1988 and the Highway Code.
Keep reading our guide on how to sue for an electric scooter accident as we discuss rental and private E-scooters.
Rental E-Scooters
As part of government trials in the UK, rental E-scooters are subject to certain restrictions. These include:
- A speed limit of around 15.5 mph, which may be lower in some regions.
- E-scooter use is confined to cycle lanes and roads (but not motorways).
- Only one person can ride an E-scooter at any given time and only within specified areas.
- Category-Q entitlement on a driving license.
- Not being intoxicated or using a mobile phone whilst riding an E-scooter.
Besides potentially breaking the law, flouting the above rules (and others) may lead to a rider breaking the terms and conditions of their rental agreement. That may also mean your provider’s motor insurance does not cover you in the event of an accident or injury.
In turn, it may mean that you are unable to make a claim after an accident. You may even be deemed at fault for the incident. For instance, you could be liable if you hit someone on a pavement or whilst exceeding the speed limit.
Private E-Scooters
Electric scooters are included in the category of powered transporters, which covers a variety of new and emerging motor-powered transport devices. The government has banned the use of these vehicles on public land or any area of public access. Therefore, you can only use personal electric scooters on private land. Moreover, the sale and manufacture of powered transporters are subject to restrictions and regulations.
If you’ve been injured by a private electric scooter, it’s most likely to be uninsured. However, you may be able to claim compensation through the Motor Insurers’ Bureau (MIB). The MIB is non-profit organisation which helps people who have been in accidents through no fault of their own involving:
- Uninsured drivers.
- Untraced drivers or ‘hit and run cases.’
- Accidents involving foreign-registered vehicles within the UK.
Contact our advisors now for a free consultation to discuss whether you have an eligible claim.
E-Scooter Accident Examples
According to the UK government’s Reported Road Casualties: E-scooter Factsheet 2023, there were 1,387 casualties involving E-scooter collisions, including 343 serious injuries. Let’s take a look at some scenarios to show why an E-scooter accident claim might happen:
- A speeding car fails to break in time, resulting in a collision with your E-scooter and causing multiple injuries.
- A local council doesn’t make repairs to pothole damage on a busy road despite knowing about it for some time. Consequently, you lose control of your scooter and suffer a serious concussion.
- An E-scooter rider distracted on their phone hits you at a pelican crossing, leaving you with a broken rib.
Common E-Scooter Accident Injuries
Since electric scooters are relatively faster, they can cause a variety of injuries, such as:
- Cuts and lacerations
- Whiplash injuries
- Spinal injuries
- Broken jaws
- Soft tissue injuries
- Damage to the teeth
- Neck fractures
- Brain injuries
- Psychological injuries
- Broken cheekbones
To discuss your specific circumstances, please speak to our team and we’ll guide you through the claims process. Now that you have an idea of how to sue for an electric scooter accident, we will next explore the question of personal injury compensation.
How Much Compensation Could I Get For An E-Scooter Claim?
For a severe neck injury sustained in an E-scooter accident, you might receive between £80,240 to £159,770. This figure is according to the Judicial College Guidelines (JCG), which some personal injury solicitors use to value general damages in a compensation claim.
A successful electric scooter injury claim may be divided into two types of compensation:
- General Damages: Covers physical and psychological E-scooter accident injuries.
- Special Damages: Compensates for any related financial losses.
Your road traffic accident solicitor may refer to the above-mentioned JCG to value your claim. We have collated a table to summarise some of the JCG’s figures that are most relevant to E-scooter accidents. However, this table is to be used only for guidance, and the top entry isn’t taken from the JCG.
| Injury | Compensation Guidelines |
|---|---|
| Multiple Severe Injuries and Special Damages | Up to £1,000,000+ |
| Brain Damage - Very Severe | £344,150 to £493,000 |
| Neck Injury - Severe (ii) | £80,240 to £159,770 |
| Facial Disfigurement- Very Severe Scarring | £36,340 to £118,790 |
| Back Injury - Severe (iii) | £47,320 to £85,100 |
| Hand Injury - Severe Finger Fractures | Up to £44,840 |
| Skeletal Injuries - Multiple Facial Bone Fractures | £18,180 to £29,220 |
| Toe Injury - Severe Toe Injuries | £16,770 to £25,710 |
| Shoulder Injury - Serious | £15,580 to £23,430 |
| Knee Injury - Moderate (ii) | Up to £16,770 |
As mentioned, your compensation claim may also include special damages. These vary by case but can cover costs such as:
- Loss of earnings from missing work days.
- Medical expenses like prescriptions and therapy.
- Travel expenses, such as petrol and parking fees, incurred whilst attending hospital appointments.
- Cost of professional care or support from a loved one.
- Disability equipment, from wheelchairs to hearing aids.
- Home or vehicle adjustments to accommodate your injuries.
You’ll have to provide evidence to claim special damages. Depending on what costs you’re claiming for, you could use bank statements, salary slips, and invoices as proof.
Speak to our advisors for further insight on compensation payouts.
How To Sue For An Electric Scooter Accident
Two factors are essential when considering how to sue for an electric scooter accident: Time limits and evidence.
Time Limits
According to the Limitation Act 1980, you usually have 3 years to begin your electric scooter injury claim, dated to when the accident happened. However, this time limit won’t apply if someone (such as an electric scooter rider) meets one of the following conditions:
- Minors: If a minor is injured in an electric scooter accident, they cannot legally make a claim for themselves until they are 18. Therefore, the 3-year window is paused and would not take effect until they are 18.
- Diminished Mental Capacity: There is no time limit for a person with reduced mental capacity as they cannot independently start a claim. However, if and when their capacity returns, they will have 3 years to start a claim.
When time limits are paused, a loved one can also claim on behalf of the individuals mentioned above by becoming a litigation friend. They (or a solicitor) can fill the role to claim for somebody else until:
- The minor turns 18.
- The individual’s mental capacity is restored.
Evidence
To give yourself the strongest chance of success, you need to have enough evidence to support your claim. The evidence you need can include the following:
- Medical records, such as treatments for the injuries suffered.
- Helmet, bodycam, or CCTV footage capturing the incident.
- Photographs showing physical injuries and the scene of the E-scooter accident.
- Eyewitness contact details, such as someone who saw the actions of a negligent rider. A solicitor from our panel will be able to collect statements for your personal injury claim.
- Details from the police report (if one was made).
At first glance, the process of gathering evidence can appear time-consuming. However, you can be assured that a solicitor from our panel can help obtain evidence to support your claim. Contact us now to find out more and get guidance tailored to your electric scooter accident claim.
Can I Claim On A No Win No Fee Basis?
If you have an eligible claim, you could pursue compensation on a No Win No Fee basis and avoid mounting solicitor fees. Our panel of personal injury solicitors provide No Win No Fee services through a Conditional Fee Agreement (CFA). This agreement means that you won’t pay your solicitor for their work:
- Upfront.
- During the electric scooter claim.
- In the event of failure.
If your E-scooter accident claim is successful, your solicitor will charge a fixed percentage of your compensation amount, known as the success fee. This percentage is limited by law, ensuring you receive the majority of your compensation.
Contact How To Sue
Connect with an advisor for more information on how our panel of No Win No Fee solicitors can help you:
- Call us at 0800 408 7827.
- Contact us online.
- Speak to us using our live chat.
More Information
Here are some more articles from our website which may be of interest:
- Our guide on how to sue for a break or fracture.
- Information on how to sue for delivery driver accidents.
- Details on how to sue for a motorcycle accident.
You can also check these external links for further information:
- Government guidance on checking if a health condition affects your driving.
- Information on first aid from the NHS.
- Details from the government on driving tests.
Lastly, we wish to thank you for taking the time to read our guide on how to sue for an electric scooter accident.