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A Guide To E-Scooter Accident And Injury Claims

By Cat Way. Last Updated 9th October 2024. 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.

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.

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Select A Section

  1. Who Is Liable For E-Scooter Injuries?
  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. How Long Do You Have To Claim After E-Scooter Accidents?
  6. Types Of E-Scooter Accidents
  7. Evidence That Can Support E-Scooter Accident Claims
  8. Accident Compensation Payouts For E-Scooter Injuries
  9. No Win No Fee E-Scooter Accident Claims

Who Is Liable For E-Scooter Injuries?

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-scooters 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.

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.

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.

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.

What Is An E-Scooter Accident?

An electric scooter accident is when an E-scooter rider becomes injured due to a third party breaching their duty of care, such as another road user or a local authority. For example, if you are riding an E-scooter, you could be hit by another road user or fall due to a pothole in the road.

Here are some specific examples of how an E-scooter accident could occur due to a responsible third party being negligent:

  • There is a large pothole in the road that was reported to the council but has not been repaired in due time. An E-scooter rider could fall if they drive over this large pothole.
  • A car driver is using their mobile phone whilst on the road and fails to see that the lights ahead of them have turned red. From this, the driver could drive into the back of an E-scooter rider waiting at the lights.
  • A van driver is under the influence of alcohol whilst driving. From this, they might swerve into the side of an E-scooter rider since their judgements and driving ability are impaired.

Have a chat with our advisors about your specific accident today. They will be able to tell you whether you have a valid E-scooter accident claim.

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.

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. At present, private scooters are not road-legal.
  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.

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.

How Long Do You Have To Claim After E-Scooter Accidents?

From the date of your E-Scooter accident, you have 3 years to begin a personal injury claim, as The Limitation Act 1980 states.

However, if the claimant:

  • Is younger than 18, or
  • Lacks mental capacity to manage their own claim,

Then the time limit will be paused. During this time, a litigation friend can be appointed to begin claiming on the claimant’s behalf.

If a litigation friend has not started claiming by the time the claimant:

  • Has their 18th birthday.
  • Recovers mental capacity.

Then the usual time limit will start from this point.

For more information on the time limit to begin an electric scooter accident claim, please contact us.

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.

Electric Scooter Injuries – Examples

There are several types of injuries that could be sustained in an e-scooter accident. This includes, but is not limited to:

Evidence That Can Support E-Scooter Accident Claims

When making a personal injury claim following an electric scooter crash, you will need to provide evidence that negligence occurred. Collecting sufficient evidence could prove the e-scooter injuries you suffered, as well as who was liable for your accident.

Some examples of the evidence that could help support your personal injury claim include:

  • A copy of your medical records stating the type of injury you suffered and the treatment you required.
  • Photographs of the accident.
  • Videos of the accident, such as CCTV footage.
  • Any witness contact details.

Call our advisors to learn more about personal injury claims for electric scooter accidents. They may also connect you with one of our solicitors, who could help you with gathering evidence for your claim.

Accident Compensation Payouts For E-Scooter Injuries

If an E-scooter accident claim is successful, then the compensation awarded could potentially be made up of two different payouts. These payouts are called general and special damages and address different impacts of the E-scooter accident.

General damages address the psychological and physical injuries you have suffered because of your E-scooter accident. This payout is always awarded for successful personal injury claims.

Here are some factors that are considered while the value of this payout is being determined:

  • Loss of amenity.
  • The extent of the pain.
  • How long the expected recovery period is.

Also, during the claims process, you might be asked to attend an independent medical examination to determine the value of this payout. The reports from this examination can be reviewed along with the Judicial College Guidelines (JCG).

The JCG is a publication that contains all sorts of psychological and physical illnesses and injuries, with guideline compensation brackets for each.

Guideline Compensation Table

In the table below, we have taken some injuries and guideline compensation brackets from the JCG (except the first row, which is not found in the JCG) which could possibly be suffered following an E-scooter accident.

However, it is important to keep in mind that none of these figures can be guaranteed for your specific claim, since all circumstances are unique.

InjurySeverityGuideline Compensation Brackets
More than one serious injury and special damagesSeriousUp to £1,000,000+
Brain damageVery serious (a)£344,150 to £493,000
Moderate (c) (i)£183,190 to £267,340
Moderate (c) (iii)£52,550 to £110,720
BackSevere (a) (i)£111,150 to £196,450
Moderate (b) (i)£33,880 to £47,320
Moderate (b) (ii)£15,260 to £33,880
NeckSevere (a) (i)In the region of £181,020
Moderate (b) (iii)£9,630 to £16,770

What Are Special Damages?

Special damages address the financial losses you have incurred due to your E-scooter accident. This payout is sometimes awarded for successful personal injury claims.

Here are some types of financial losses which could possibly be incurred following an E-scooter accident:

  • Loss of earnings.
  • Medication bills, such as the cost of prescriptions.
  • If required, professional care costs.

Receiving a special damages payout is important to restore your financial situation to what it was before you were injured due to a breached duty of care. For this reason, providing evidence such as payslips, invoices, bank statements, and invoices will be extremely useful to you.

If you have been injured in an electric scooter accident, contact us to learn more about how personal injury compensation is calculated.

No Win No Fee E-Scooter Accident Claims

If you suffered injuries in an e-scooter crash, you may wish to claim compensation with the support of a No Win No Fee lawyer. Their services could be funded under the terms of a Conditional Fee Agreement (CFA).

This means that you typically won’t be asked to pay an upfront solicitors fee. If your e-scooter crash compensation claim is successful, a success fee can de deducted from your award. The law caps the amount that can be taken. When an e-scooter crash claim isn’t successful, you typically won’t be expected to pay for your solicitor’s services.

Our advisors can discuss how to claim for the injuries you suffered in your e-scooter crash. If they feel your claim is eligible, you could be connected to our solicitors. To get in touch:

Read More

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

Get in touch to discuss your e-scooter accident today.

What To Do If You Have A Car Accident

Whilst using the roads as a driver or passenger in a car you might take your safety for granted. Fortunately, the vast majority of car journeys go as planned, but if you are unfortunate, you could be involved in a road traffic accident. Government statistics indicate there were over 130,000 road casualties in 2023, of which nearly 30,000 involved someone being killed or seriously injured. 

In the aftermath of a car crash, it is natural to be shocked and not remember what immediate action you need to take. Hopefully, this guide, ‘What to do if you have a car accident?’ will help you if you are ever involved in a car crash.

We will cover some practical matters, such as if your accident needs to be reported to the Police and your insurance company. Also covered is what to do if the other driver does not have insurance and what you should do at the scene of the accident.

Finally, we look at how a No Win No Fee solicitor could help you claim compensation. To begin the claims process, you can:

 

Two vehicles involved in a road traffic accident.

Select A Section 

  1. What To Do If You Have A Car Accident
  2. Should You Report A Car Accident To The Police?
  3. How Long Do You Have To Report A Car Accident To Your Insurance Provider?
  4. What To Do If You Have A Car Accident And The Other Driver Doesn’t Have Insurance? 
  5. What Information Should You Record At The Accident Scene?
  6. What To Do If You Have A Car Accident And You Were Partly Responsible?
  7. Claim For A Car Crash On A No Win No Fee Basis
  8. Learn More About How To Claim Compensation For Car Accidents

What To Do If You Have A Car Accident?

Being involved in a car crash can be traumatic. There are some initial steps that you should take, regardless of which driver was to blame or how serious the accident was. These steps will help keep you, your passengers and other road users safe:

  • Pull your car over to a safe place if you can.
  • Switch off your engine and turn on your hazard warning lights to alert other road users.
  • Check to see if anyone involved in the accident was injured, and call 999 if they are.
  • Move passengers out of the vehicles and to a safe place.
  • Exchange details with the other driver – name, address, vehicle registration number, insurance details and contact details such as a phone number.

Whilst it is hard, the best thing to do is to try and remain calm. It is not a good idea to apologise or admit fault, as this will be for the insurance companies to decide. If you would like to discuss any aspect of these points, please contact us, or you can continue reading to learn more about what to do if you have a car accident.  

Should You Report A Car Accident To The Police?

The Police give guidance on when a car accident needs to be reported to the police, although the obligation comes from s170 of the Road Traffic Act 1988. 

If you have exchanged details, there were no injuries, and there were no allegations of driving offences, then the collision does not need to be reported to the police. If, however, anyone was injured, you were unable to exchange details at the scene, or if you suspect someone of committing a driving offence, then the matter should be reported.

Further details can be found in the following link, which can also be used to report a collision online. You can report an accident to a police station if you do not wish to do this online, and this should be done as soon as possible and within 24 hours of the collision.

A police car performing an emergency response with blue lights flashing.

How Long Do You Have To Report A Car Accident To Your Insurance Provider?

You should report a road traffic accident to your insurance company as soon as you are able. A failure to report a car accident to your insurance provider could invalidate your car insurance policy and cause problems for you later down the line.

Each car insurance policy has a set of terms and conditions that you have agreed to as part of your contract of insurance. If you check this document carefully, you might find that you have to report an accident to them as soon as possible and ideally within 24 hours.

What To Do If You Have A Car Accident And The Other Driver Doesn’t Have Insurance?

If you have been involved in a car crash and the other driver was not insured, you should report the matter to the Police. Importantly, you can still make a claim for compensation even if the other driver does not have insurance.

To make a claim for personal injury after a road traffic accident, you must show that the other road user breached their duty to you and that this caused you an injury. All road users owe each other a duty of care to use their vehicles in a way that reduces the risk of harm. They have to comply with the rules set out in the Road Traffic Act 1988 and the Highway Code. 

So, for example, the other driver could fail to stop at traffic lights, causing a collision in a junction in a T-bone accident. Or they could change lanes without signalling, causing a collision, or they could crash into the back of your car (a rear-end shunt) because they did not leave a safe braking distance. If you were injured because of negligent driving, you can seek compensation.

How To Claim Against An Uninsured Driver

Normally, it is the losing party’s insurance company that pays the damages due to the other side. In the case where the other driver has no insurance or is not traceable as they leave the scene without you being able to get their details, you can make a claim through the Motor Insurers Bureau (MIB). The MIB has obligations to handle claims in accordance with The Uninsured Driver’s Agreements and The Untraced Drivers’ Agreements.

Under these agreements, you can still make a claim for personal injury and financial losses. This is something one of our experienced road traffic personal injury solicitors could help you with. 

Contact an advisor today to see if your case is eligible or continue reading for more information about what to do if you have a car accident.

What Information Should You Record At The Accident Scene?

A successful road traffic accident claim requires evidence. We have covered what details need to be exchanged in the sections above, but there are other steps you can take to boost your prospects of success. Things you can do at the scene include:

  • Take the contact details of any witnesses to the accident. A statement can be taken from them later if the case is disputed.
  • Saving any dashcam footage of the accident, again, this could be from a witness who pulled over.
  • Check to see if there is any CCTV footage of the location of the accident. It might be possible to request this and that it captured the collision.
  • Taking photos of the accident site or the location of the damage to the vehicles. The location of where the damage is might give an indication of how the accident happened. The same could be said of any skid marks on the road.

Our solicitors are experts at handling claims from car accidents. We can offer you a free no-obligation case assessment to see if you are eligible to work with one of our solicitors. Call for free at any time of the day, 7 days a week. We can help you understand what to do if you have a car accident.

What To Do If You Have A Car Accident And You Were Partly Responsible?

Sometimes, it is not always obvious who was at fault for a road traffic accident. It could be the case that both drivers were partly at fault. For example, both drivers change lanes when it is unsafe to do so, and they collide.

In these circumstances the case could be agreed as a ‘split liability’ case. This means that both parties are partly at fault. Liability can be split in any portion that adds up to 100%, e.g. 50/50 or 75/25. If liability is split, you will receive the relevant portion of your damages. So, if your case were a 50/50 split, you would receive 50% of the damages. If it were 75/25 in your favour, you would receive 75%.

It can also be the case that you contribute to your injuries. This does not mean you were at fault for the accident. But it does mean that your actions (or lack of them) made your injuries worse. A common example of this in a car crash would be a failure to wear a seatbelt. The court could find you contributory negligent and reduce your compensation by a percentage, e.g. 25%.

If you would like help working out who was to blame for your car accident, you can contact us on the details provided and discuss what to do if you have a car accident. 

Claim For A Car Crash On A No Win No Fee Basis

Our solicitors handle road traffic claims on a No Win No Fee basis by offering eligible claimants a Conditional Fee Agreement (CFA). Under this agreement, you do not have to pay your solicitor at the start of the case for any upfront fees. You also do not need to pay solicitor fees as your case progresses. Also, if your case is not successful, you do not have to pay any solicitor fees at all.

If you do win your case, then a success fee is due to your solicitor. This is paid only if you win and only at the end of the claim. The success fee is deducted from the compensation that has been awarded on a percentage basis. The size of the percentage is agreed between you and your solicitor before the case begins. There is a legal maximum percentage that that success fee can be.

You have nothing to lose by calling us for a free consultation. To get in touch with us, you can:

A solicitor explains to a client what to do if you have a car accident.

Learn More About How To Claim Compensation For Car Accidents

Hopefully you are better equipped to deal with a road traffic accident should you be involved in one. Here are some other helpful resources from our website about claiming compensation after a car accident:

Here are some external resources that you may find useful.

Thank you for considering our guide ‘What to do if you have a car accident’