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E-bikes and Injury Claims

E-Bikes and Scooters have become an extremely popular method of getting around the city. They’re fast, convenient, and cost effective. They’re a great option with trams and trains often being packed and uncomfortable during peak hours.

What are e-bikes?

In short, e-bikes and scooters are motorised versions of traditional bikes and scooters and look very similar to their non-motorised counterparts. They are powered by a small electric motor. Different varieties are seen in most Australian cities. Typically, they can travel up to 20KM an hour. They do not need to be registered, and a person does not need to hold a license to ride one. It is simply a matter of downloading the relevant app and scanning the QR code before you can be on your way, or buying one privately.

Accidents on E-Bikes/Scooters

While they are quite safe and convenient most of the time, accidents involving e-bikes and scooters are becoming more common. They can travel at fast speeds, and while helmets are supposed to be worn, users are not often clad in other appropriate safety wear. It is also common for people to sustain injuries from using them while they are intoxicated.

young woman suffering from elbow pain after e scooter riding accident city street jpg

Recent statistics show that:

  • 25% of e-scooter accidents involve alcohol and/or not wearing helmets.
  • 39% happen between 9:00PM and 5:00AM.[1]
  • Workers’ Compensation claims for e-scooters have tripled in the last three years.

It is also becoming more common for pedestrians to be injured as a result of being hit by e-bikes and scooters. 

What if I am injured by an e-bike or scooter?

If you are injured an e-scooter/e-bike accident, there are things that Arnold Dallas McPherson can do to help you.

(1) Determine if there is Insurance Cover Available

The first thing we can do is help you determine whether there is any insurance cover available to you.

Presently, accidents involving e-bikes and scooters where a motor vehicle is not involved are not covered by Victoria’s statutory motor vehicle accident scheme via the Transport Accident Commission. Rather, riders are only protected by the insurance cover of the e-bike/scooter company. The insurance offered by these companies does not extend to all accidents and injuries.

If you are a pedestrian injured in an e-bike or scooter accident, you may be able to claim against the rider that hit you. Often, there is little point in doing so unless the rider has significant assets, but there is also the possibility that the home and contents insurance of the rider will extend to public liability claims, meaning that a claim can be pursued.

(2) Submit a Claim

The next step is to submit a claim with the relevant insurer. The process will vary depending on the above, but this is something that we can help you with along the way.

(3) Await an Outcome

It is difficult to put a timeframe on how long a claim will take. It will depend on many factors, such as the complexity of your case, the severity of your injuries, and the type of insurance coverage you will need to access.

What if there was no insurance cover?

We still encourage you to get in touch with us for a free claims check. Even if there is no insurance cover available through the above options, there may be other options you can pursue, such as your own Income Protection or a Super TPD Claim.

[1] 8 Electric Scooter Accident Statistics in Australia: 2023 Update | House Grail

Emily Lamb

Emily Lamb

Emily Lamb is a dedicated law graduate focusing on all areas of Personal Injury Law. She began her legal career as a paralegal in 2021 and swiftly progressed to become a law graduate in 2023. Emily is set to be admitted to the esteemed Arnold Dallas McPherson Injury Lawyers in March 2024. For Emily, the practice of law is not merely a profession but a means to make a positive impact on the lives of her clients. She believes in ensuring that every client receives their rightful financial entitlements when facing injury, whether it's alleviating medical expenses or seeking justice through compensation in cases of negligence.

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