Can I Make An E-Scooter Accident Claim?

Rental e-scooters (electric scooters) are a new and efficient way to travel. They are more commonly used in city centres and can replace walking or public transport. However, e-scooter users can be vulnerable to the risks of the road if other road users are negligent.

This guide focuses on how an e-scooter rider can make an e-scooter accident claim if they were injured by another road user. We look at what eligibility criteria must be met and what duty of care is owed to you when you are using the roads. 

Furthermore, we look at some ways e-scooter users can drive safely, and how an e-scooter accident could happen. After this, we look at how personal injury compensation could be valued for successful e-scooter accident claims. 

Towards the end of this guide, we examine the time limits that apply to this type of claim and how No Win No Fee agreements work. 

Our No Win No Fee solicitors are experts in the field. To find out whether you can be connected to one, please contact us. Our advisors can chat to you for free about your potential claim and tell you what to do next. Here are our contact details:

• Call 0161 509 2856.
• Go to our Contact Us page. 
• Message in our live chat box. 

Jump To A Section

1. What Is An E-Scooter Accident Claim?
2. How Can An E Scooter Rider Drive Safely?
3. What Are Examples Of A Potential E-Scooter Accident Claim?
4. How Do I Claim For An Electric Scooter Accident?
5. How Much Compensation Could I Receive For An E-Scooter Accident?
6. What Is The Time Limit When Claiming For An E-Scooter Accident?
7. Make An E-Scooter Accident Claim Using A No Win No Fee Solicitor
8. More Resources About Personal Injury Claims

What Is An E-Scooter Accident Claim?

An e-scooter accident claim can be made if an e-scooter rider can prove that they were injured because of a negligent driver. 

All road users owe one another a duty of care to navigate in a way that avoids causing damage and injury. To adhere to this duty, all road users must follow the rules and regulations both in The Highway Code and the Road Traffic Act 1988 to ensure that no one is put at risk.

If a road user fails to follow these rules, then they have breached their duty of care. 

As such, here is the e-scooter accident claims eligibility criteria (and the definition of negligence):

1. A motorist owed you a duty of care. 
2. They breached their duty of care. For example, by speeding. 
3. You were injured because of this breach. For example, a speeding driver failed to stop and crashed into you. 

If you can prove that the above applies to your circumstances as an e-scooter rider, then have a chat with one of our advisors today. They will confirm your claim eligibility and potentially pass you on to one of our solicitors. 

How Can An E Scooter Rider Drive Safely?

If you sustained injuries in an e-scooter accident because you failed to adhere to relevant road traffic legislation and rules, you may not be eligible to claim compensation. Or, if you are deemed partially responsible for the accident that caused your injuries, you may be able to claim, but your compensation would be reduced accordingly.

Here are some things that rental e-scooter riders are expected to do to adhere to their duty of care and be safe, as per Government guidance:

• They must have a drivers licence (full or provisional) that is category Q entitlement. 
• E-scooters cannot be ridden on pavements or the motorway. 
• They must not use e-scooters whilst under the influence of alcohol or drugs. 
• They must stop at all red lights. 
• Only 1 person can use an e-scooter at a time. 
• They cannot use their mobile phones whilst riding an e-scooter. 
• Ensure all bags and personal belongings are tightly secured and are not at risk of falling off (for example, bags should not be dangled off the handlebars).
• They must have an account with the e-scooter rental company. 

What Are Examples Of A Potential E-Scooter Accident Claim?

Here are some examples of how an e-scooter rider could be injured due to another road user breaching their duty of care:

• A van driver is above the legal alcohol limit and they are therefore drunk driving. They swerve into the side of an e-scooter rider. They, thus, fall off their scooter and suffer brain damage from the impact. 
• Due to using their mobile phone, a car driver rear-ends an e-scooter rider as they fail to notice that the traffic ahead of them is at a stand still. The rider launches forward and suffers an arm injury. 
• A car driver fails to check their mirrors before turning into a junction. They therefore crash into the side of an e-scooter rider, who suffers crushing injuries and lacerations as they fall. 

As these are just a few examples, you could discuss the specific circumstances of how your scooter accident happened with our team as part of a free consultation. A team member can help assess whether you have good grounds to launch an e-scooter accident claim. 

How Do I Claim For An Electric Scooter Accident?

An important part of making an e-scooter accident claim is presenting evidence that proves liability for your injuries. Such evidence can include:

• Dash-cam footage or CCTV footage of the accident occurring. 
• Photographs of your injuries and the accident scene. 
• Witness contact details from anyone who saw the accident. This will allow them to give a statement later in the personal injury claims process. 
• Copies of medical notes and medical records that show the extent of your injuries. 

If you are connected with a solicitor here at Advice, they will help you collect your evidence that prove your injuries as well as liability for the road traffic accident. Our solicitors can also help in many other ways, such as ensuring your claim is accurately valued, and corresponding with the defendant on your behalf. 

To see whether you can receive help from one of our solicitors, please contact us. 

How Much Compensation Could I Receive For An E-Scooter Accident?

If your e-scooter accident claim is successful, your settlement could consist of two different heads of loss. These heads of loss are called general and special damages, and they each address the different ways that you might have been affected by an e-scooter accident. 

General damages, the first head of loss, will definitely be awarded if you make a successful claim. Under this head of loss, you are compensated for how you have been emotionally and physically affected by a scooter accident. Some factors that will influence compensation for this head of loss include:

• Loss of amenity. 
• Pain and injury severity.
• The recovery expectation of the injury. 

An independent medical assessment can help determine what your general damages should be worth, as the reports from this can be compared to the Judicial College Guidelines (JCG).

The JCG is a document that consists of guideline compensation payouts for all kinds of physical and emotional injuries and illnesses. 

Compensation Amounts

So that you can see how compensation claims might be calculated, we have taken some injuries and accompanying guideline compensation payouts from the JCG (only the first row is not from the JCG) and have included them in the bullet-points below. These are just some injuries that could potentially be sustained following an e-scooter accident. 

• You could be compensated up to £1,000,000+ for multiple injuries of a severe nature and related expenses, such as lost wages.
• For a very severe brain injury, such as quadriplegic cerebral palsy, the compensation amounts range from £344,150 to £493,000.
• Alternatively, for a less severe brain injury, where problems with mood and memory will persist but a good recovery will be made, the compensation amounts range from £18,700 to £52,550.
• For a severe neck injury that is associated with incomplete paraplegia, the compensation amounts can be In the region of £181,020.
• On the other hand, for a moderate neck injury, such as fractures that may necessitate spinal fusion, the compensation amounts range from £30,500 to £46,970.
• The compensation amounts for the most serious leg injuries which just fall short of amputation, such as extensive degloving of the leg, range from £117,460 to £165,860.
• Additionally, the compensation amounts for moderate leg injuries, such as crushing injuries, range from £33,880 to £47,840.
• The compensation amounts for severe injuries to arms which just fall short of amputation, such as a serious brachial plexus injury, range from £117,36 to £159,770.
• However, compensation amounts for a simple forearm fracture range from £8,060 to £23,430.

Please note, that these amounts cannot be guaranteed for your specific e-scooter accident claim, since all claims are unique. 

Can I Claim For Loss Of Earnings Caused By Scooter Accidents?

Special damages, the second head of loss, might also be awarded. Under this head of loss, you are compensated for how you have been financially affected by a scooter accident. This includes loss of earnings. 

Loss of earnings are the wages you have missed due to not being able to work because of your injuries. If your injuries are permanent and long-lasting, then other loss of earnings could be taken into consideration, such as missed pension payments and missed bonuses. 

Special damages can also cover these other types of financial losses:

• Professional care costs. 
• Prescription costs. 
• Costs of mobility aid and home adaptations. 

Since special damages are not always awarded, having proof of your accident’s financial effects are crucial. Such evidence includes invoices, receipts, payslips, and bank statements. 

To find out more information about how your e-scooter accident claim could potentially be valued, please contact us today. 

What Is The Time Limit When Claiming For An E-Scooter Accident?

Typically, there is a 3 year time limit when starting a personal injury claim. This means that you have 3 years to submit a claim from the date your scooter accident occurred. The Limitation Act 1980 states this.

However, this time limit may not apply for certain claimants. These certain claimants have to:

• Be under 18 years old when the accident occurred, or
• Lack the mental capacity to manage a claim. 

For these cases, a litigation friend can step in and submit the claim on the claimant’s behalf. However, if the claimant:

• Turns 18. Or,
• Regains mental capacity. 

And a litigation friend has not stepped in at this point, then the 3-year time limit will commence as normal from the claimant’s date of recovery or 18th birthday. 

Our advisors can speak to you more about whether you are within the e-scooter accident claims time limit. 

Make An E-Scooter Accident Claim Using A No Win No Fee Solicitor

If you have an eligible e-scooter accident claim, you could be connected to our solicitors. They can then offer you a Conditional Fee Agreement (CFA).

A CFA is a specific type of No Win No Fee agreement and means the following for your claim:

• You are not charged with solicitor fees before the claims process begins. 
• You are not charged with solicitor fees during the claims process. 
• If your claim is unsuccessful, you are not charged solicitor fees at all. 
• If your claim is successful, your solicitor will deduct a success fee from the awarded compensation. Success fees are a percentage that is subject to a legislative cap. This ensures that you will receive the majority of the compensation total. 

Get In Touch Today

Get in touch today to potentially begin an e-scooter accident claim with an expert No Win No Fee solicitor from Advice. Our team work around the clock, so you can contact us at a time that suits you:

• Call 0161 509 2856.
• Go to our Contact Us page. 
• Message in our live chat box. 

More Resources About Personal Injury Claims

These pages can be useful to you if you would like to know more about the regulations of using e-scooters:

• Metropolitan Police – guidance and advice on using e-scooters on the road.
• The Highway Code – rules 89-102 for motorcyclists and drivers in particular.
• UK Parliament House of Commons Library – a research brief on regulating electric scooters.

Thank you for reading our guide on how to make an e-scooter accident claim. If you have any other questions not mentioned in this guide, our team will be happy to answer them.