By Lewis Cobain. Last Updated 4th April 2023. In this guide, we’ll discuss how scooter accident claims work and when you may be able to start such a claim. Scooter riders (including e-scooter users) are among the more vulnerable users of public roads. While certain road users, including car and van drivers, are protected by features such as seat belts and airbags, scooter riders do not benefit from this type of protection. If you have been involved in a scooter accident that led to minor or major injuries, you may be entitled to compensation if the incident was not your fault.
At Legal Expert, we have many years of experience in the personal claims industry, and we have helped many people to get the compensation that they deserve for a moped or scooter accident. We can also advise on making a valid claim following an e-scooter crash. In this guide, you will discover everything you need to know about making a claim. Nevertheless, if you still have any questions by the time you have finished reading, please don’t hesitate to contact us:
- Call 0800 073 8804
- Fill in a contact form
- Chat to us using the pop-up feature on your screen
Select a section
- What Is A Scooter Accident?
- Rules Of The Road For Scooter And Moped Drivers
- How To Establish Fault In An Accident
- Causes Of Scooter Accidents
- What Should I Do If I’m Involved In A Scooter Accident?
- Common Injuries For Scooter Accidents
- Time Limits On Scooter Accident Claims
- Payouts For Scooter Accident Injury Claims
- No Win No Fee scooter accident claims explained
What Is A Scooter Accident?
scooter accident claims
A scooter crash can involve a collision between a scooter and another road user such as a pedestrian, car, or even another scooter. If the accident was caused by third-party negligence, and you sustained an injury, then you could be owed compensation. This could also include e-scooter accidents. In the UK, you may still be able to make a claim if the rider of an e-scooter (that isn’t privately owned) has caused you to be injured due to their negligence.
E Scooter Crashes – Top Tips For Making A Claim
When making a claim, as stated in the Limitation Act 1980, you typically need to start a claim within 3 years. Although, there are exceptions to this time limit, so get in touch if you’d like to know more.
Additionally, you will need to gather and present evidence that helps support your claim. For instance, you could provide proof such as:
- CCTV/dashcam footage
- Witness statements
- Medical evidence
- Photographs
The more evidence you can acquire, the better. If you have no evidence of your injuries being caused by negligence, then this may affect your eligibility. For more tips on making a claim due to an accident involving a scooter, get in touch with our advisors today.
Rules Of The Road For Scooter And Moped Drivers
There are rules for scooter and moped drivers outlined in the Highway Code. These rules should be followed to avoid accidents on a scooter.
Some of these rules include:
- Rule 83: Riders must wear a protective helmet that is fastened securely and complies with health and safety regulations set out in Section 17 of the Road Traffic Act 1988. You are only exempt from this rule if you are a Sikh follower wearing a turban.
- Rule 84: Eye protectors should be worn. The equipment should not be scratched or poorly fitted or it could limit your view on the road.
- Rule 85: Do not carry any more than one pillion passenger and they can only sit astride the scooter or moped on a proper seat. You cannot carry a pillion passenger whatsoever if you are a provisional licence holder.
- Rule 86: It’s crucial that you make yourself appear as visible as possible from all angles. Therefore, it is recommended that you wear bright colours and fluorescent clothing to avoid a scooter accident.
- Rule 87: Reflective clothing or strips are to be worn in order to appear more visible in the dark.
- Rule 88: You should always be aware of your surroundings before manoeuvring.
If a driver does not comply with any of the above rules and causes a scooter crash in which you are injured, you may be able to claim road traffic accident compensation. Contact us at any time for additional information. We could connect you with our expert solicitors.
How To Establish Fault In An Accident
When launching claims, the most important aspect is being able to establish who is responsible for the incident. If you are to blame for what has happened, you will not be able to make your claim. You need to show that someone else has acted carelessly or negligently and this has resulted in your injuries.
If you are partly to blame for what has happened, you may still be entitled to compensation, although the amount you receive will be a lot lower in order to reflect the fact that you are partly to blame for the incident.
Do I have grounds to make scooter accident claims?
Firstly, it’s important to emphasise that every case is different. Therefore, if you want to learn more about your rights in this situation, get in touch with us today for a free consultation. In the meantime, the following checklist could help you determine whether you could have grounds to make a personal injury claim:
- A third party owed you a duty of care by law
- Which they failed to uphold to you
- And you suffered as a result of this failure
Usually, this checklist can be used to determine whether you suffered as a result of third-party negligence. In most cases, this would give you grounds to make a claim for compensation.
Causes Of Scooter Accidents
In this section, we’ll focus on potential causes of electric scooter accidents:
- Potholes: Although electric scooters available to ride to the public are often limited at 15mph, if a pothole does obstruct a scooter travelling at this speed, it could cause significant injuries. For example, a scooter user could hit a pothole on a path going through a public park causing them to fall off and sustain a back injury. Under the Occupiers’ Liability Act 1957, a duty of care is placed on the council to ensure the safety of lawful visitors to their premises, including public parks.
- Road hazards: If a public road is not adequately maintained, this could cause a scooter accident. For example, a branch may fall off a tree and obstruct your path. Subsequently, you could be knocked off your scooter and sustain a knee injury. The Highways Act 1980 sets out the obligations of local authorities in regards to dealing with road hazards.
- Another road user was driving under the influence: All road users are expected to follow the Highway Code, which forbids drivers from driving under the influence of alcohol or drugs. Therefore, if someone driving a car ignores these rules, they may crash into a scooter rider potentially causing death or a fatal accident.
You might be concerned if your e scooter injuries weren’t listed in the above examples. However, you could still claim for an electric scooter crash if you have evidence that your injuries were caused by a third party that was acting negligently. Talk to our advisors at any time for more information.
What Should I Do If I’m Involved In A Scooter Accident?
Following a scooter crash caused by the negligence of another road user, there are steps you should take if you wish to seek personal injury compensation.
First and foremost, it is important to get medical attention for your injuries to ensure you receive the treatment you need. Additionally, any visit you make to a hospital or an Accident and Emergency department will be logged, which you can use as evidence of your injuries.
Next, it’s in your best interest to begin gathering evidence. You’ll need to prove your personal injuries and that they were caused because a road user breached their duty of care to you.
Examples of evidence include:
- Ask for the driver’s name, contact information and insurance details
- If there were any witnesses, ask for their contact information so that your solicitor can get in touch for a written statement
- Take photographs of your injuries, any vehicle damage and the scene of the accident
- An independent medical expert can examine your condition and produce a report detailing the extent of any injuries you have sustained
Finally, you might consider seeking legal advice. A personal injury solicitor can help you every step of the way during the claims process and ensure your claim is submitted in full.
If you have any further questions about claiming for scooter accidents, you can contact us any time and our advisors will be happy to help you. Any advice you receive is free and you will never be forced to continue using our services afterwards.
Common injuries for scooter accidents
There are a number of different type of injuries that can be sustained during a scooter accident. This includes the following:
- Leg injury
- Bikers arm
- Muscle damage
- Road rush
- Head injury
- Paralysis
- Loss of hands, fingers, feet and other limbs
- Nerve damage
- Back injury
- Spinal cord injury or neck injury
- Death
It is important to note that if someone you love has been involved in a fatal incident, you may have grounds to make a claim on their behalf by acting as a litigation friend. Moreover, if you have sustained an injury that has not been listed above, you will still be able to make claim. This is merely a handful of some of the most common motorcycle injury claim examples in the UK.
Time Limits On Scooter Accident Claims
As is the case for most cases involving personal injury claims, there is a time limit for moped accident claims, which you need to be aware of. This time limit is 3 years from the time the accident occurred. This means that you will have 3 years in order to start your claim.
However, it is not advisable to wait around for a number of reasons. First of all, court proceedings need to be within this three-year time limit. Not only this, but you are going to find it much simpler to make a claim the more swiftly that you do. Usually the details of what has happened will be much clearer to remember. Not only this, but it’s going to be much easier for you to pull together any evidence.
After all, if you wait 3 years to make a claim for compensation for your injury, witnesses may not remember the event, or they may have moved address or changed their telephone number, and you may not be able to get in touch with them. This could seriously damage the chances of you getting the full amount of compensation that you deserve. Therefore, the best thing to do is always to claim as soon as you can.
Payouts For Scooter Accident Injury Claims
Following a successful personal injury claim, your settlement would include general damages. General damages aim to compensate you for the pain and suffering (physical and psychological) that your injury has caused you, including how this has affected your quality of life.
When trying to find out how much you could receive in general damages, you may be recommended an injury claim calculator. This could show you what you may receive in general damages, though it may be unable to calculate any special damages you are eligible for.
Alternatively, you could use the table that we have created below. When creating this table, we have used the compensation brackets listed in the 16th edition of the Judicial College Guidelines (JGC). This is a document used by many legal professionals to help them value claims, as the JCG assigns compensation brackets to various injuries.
However, it is important to remember that for an accident claim, payout amounts will vary as how much you receive will depend on the specific factors affecting your claim. So, only use this table as a guide.
| Injury Type | Any Further Information | Typical Award Bracket |
|---|---|---|
| Brain Damage – Very Severe | The person will require full-time nursing care and there will be little, if any, meaningful response to their environment, | £282,010 to £403,990 |
| Brain Damage – Moderately Severe | The person will need constant care due to being seriously disabled. Various factors will also affect how much compensation is awarded. | £219,070 to £282,010 |
| Back Injuries – Severe | The nerve roots and spinal cord have been damaged which causes immense pain with incomplete paralysis. | £91,090 to £160,980 |
| Leg Amputations (iii) | One leg is amputated above the knee. Any psychological problems and phantom pains will be taken into account when awarding compensation. | £104,830 to £137,470 |
| Arm Injuries | One or both forearms have suffered significant fractures that cause a functional or cosmetic residual disability. | £39,170 to £59,860 |
| Ankle Injuries – Severe | The ankle may require time in plaster or plates and pins may have been inserted. This will cause ankle instability and limited walking ability. | £31,310 to £50,060 |
| Knee Injuries – Moderate (i) | A torn meniscus or cartilage, or the dislocation of the knee that causes slight instability and a minor future disability. | £14,840 to £26,190 |
| Foot Injuries – Moderate | Continuing symptoms and a permanent foot deformity due to displaced metatarsal fractures. | £13,740 to £24,990 |
| Elbow Injuries – Moderate or Minor | Lacerations, fractures or tennis elbow syndrome. How long the injury takes to heal with affect how much is awarded. | Up to £12,590 |
| Wrist Injuries | A soft tissue injury or fracture that takes over a year to fully recover. | £6,080 to £10,350 |
Call one of our advisors today for free legal advice concerning your specific claim.
More Examples Of Scooter Accident Payouts
The figures above are examples of general damages. As mentioned earlier, these are awarded to compensate you for the level of pain and suffering that your injuries cause you.
However, some claims may also include special damages. This is the portion of your scooter accident compensation that serves the purpose of reimbursing you for costs and expenses attributed to your injuries. You must be able to back them up with evidence such as payslips and receipts.
Some examples of special damages for a scooter crash claim can include:
- Loss of earnings – Your injuries may have impeded your ability to work, and therefore earn.
- Medical costs – This could include prescription medication.
- Damage to property – The accident that caused your injuries may also have caused certain personal items to sustain damage.
- Other expenses – To illustrate, you may have theatre tickets, or a holiday booked, and can now no longer attend due to your injuries.
- Care costs – You may require additional assistance at home with day-to-day tasks.
There are other costs that can be included in a scooter accident settlement. To find out more and to hear other examples, get in touch with us today.
No Win No Fee Scooter Accident Claims Explained
When you are looking for a solicitor to handle your case there are a number of different things that you need to consider. Of course, you need an experienced solicitor, as well as someone that has a great track record for handling these sort of cases. Nevertheless, one thing that you will certainly want to know is how much you are going to have to pay for the service. It is important to recognise that solicitors in the United Kingdom work to different payment structures.
There are some solicitors, for example, that charge per hour and there are some that are charge on No Win No Fee basis. At Legal Expert, we are proud to fall into the latter camp. This means that when you use our service you only pay if your case results in success. Before the case starts, you and your solicitor will agree on a percentage that the solicitor will take from your compensation as legal fees if the case is successful. This means that if the case is not successful, there is no compensation, and the solicitor, therefore, does not take anything.
This payment structure is extremely beneficial for the claimant because it ensures that you only pay for a successful service and that you will not be out of pocket by making a claim for the scooter accident you have been involved in.
It is also worth noting that there are a number of other knock on benefits that are associated with this sort of claims service. This includes the fact that a No Win No Fee solicitor will only take on a case that he or she believes has a genuine chance of securing compensation. After all, you do not get a second chance to launch a case for compensation for an injury, and so it is vital that you get it right first time.
If you feel ready to get started with your scooter accident claim, all you should do is get in touch with Legal Expert today:
- Call 0800 073 8804
- Fill in a contact form
- Chat to us using the pop-up feature on your screen
Helpful Links
What to do if you’re in an accident
Does a scooter accident affect car insurance? Clicking above takes you to the UK Government website where you will see information on vehicle insurance, including the details you need to get if you have been involved in an accident, as well as advice for those who have been involved in an incident with an uninsured driver.
Here you will find a collection of all of the UK Government publications that have been published regarding road accidents and road traffic safety in the United Kingdom.
You can read the Road Traffic Act 1988 to find out more about the legislation that is currently in place in the UK for road users.
Our guide on how to make a personal injury claim after a motorcycle accident.
Who is liable for a multi-car pile-up?
Our guide on how to determine who’s liable for a multi-car pile-up.
Our guide on how to make a claim against your local council or authority.
Learn how to claim for a cycling accident without a helmet. Our guide to claiming for injuries when you weren’t wearing a helmet.
If you would like to speak to an advisor about scooter accident claims, then you can do so by contacting Legal Expert. You can reach us by using the contact details included within this guide.
