By Jo Anderson. Last Updated 28th November 2023. Welcome to our mobility scooter accident claims guide. Below, we explain what you may need to know about how to claim for a mobility accident. Further, we explain how mobility scooter crash injury compensation is calculated. Finally, we offer a useful alternative to a mobility scooter accident compensation calculator for 2022 claims and explain how we could help you claim. We answer FAQs on personal injury claims too, such as ‘What else can I claim for after a mobility scooter accident?’
Mobility scooter accident claim
If you are using a mobility scooter and are injured in a mobility scooter accident, you may be wondering if you could claim for your mobility scooter injuries. Likewise, if you have been struck or run over by a mobility scooter, you may be wondering if you could claim mobility scooter accident compensation. This is what this guide aims to provide information on. Within the below sections, you will find out all about mobility scooter accident statistics. We offer insight into different incidents that could lead to a claim too. These include a mobility scooter bus accident, a mobility scooter lift accident, and much more.
We will also take a look at how a personal injury solicitor could help you claim compensation for a mobility scooter accident claim, along with explaining how our service could help. Should you wish to contact us to clarify anything contained in the guide below, or for free advice on any aspect of making a mobility scooter accident, you could reach us on 0800 073 8801. Otherwise, why not read on to find out more about claiming for a mobility scooter crash.
Select A Section
- Can I Claim For A Mobility Scooter Accident?
- Time Limits In Mobility Scooter Accident Claims
- Mobility Scooter Accident Compensation Payouts
- No Win No Fee Claim For A Mobility Scooter Accident
- Reference Materials Relating To A Mobility Scooter Crash Claim
Can I Claim For A Mobility Scooter Accident?
Mobility scooter accidents could happen in a number of different ways. However, not everyone that is injured in such an accident would be eligible for compensation. In order to make a mobility scooter injury claim you must be able to show that those who have a responsibility for your health and safety are at fault for the injuries you suffered.
Those in charge of public spaces have a duty of care to ensure that those using the space for its intended purpose are kept reasonably safe. This is set out under the Occupiers’ Liability Act 1957 (OLA). So if you were out in public in the supermarket or in a public park and you had an accident on your mobility scooter due to the controller of that space failing to adhere to their duty of care you could be eligible for personal injury compensation.
Similarly, if you are using the roads, you are owed a duty of care by other road users. To uphold this duty, they have to use the roads in a way that stops harm coming to other people and to themselves. They have to do this by complying with the Road Traffic Accident 1988 and the Highway Code. So again, if a road user were to breach their duty of care which led to you suffering scooter accident injuries you could seek road traffic accident compensation.
The eligibility criteria to make a personal injury claim for a scooter accident, are:
- Someone owed you a duty of care
- They breached this duty
- You suffered an injury as a result
If you’ve been injured in a mobility scooter crash that was not your fault, an advisor could check whether you could be eligible to claim. Please do not hesitate to get in touch to check your claim for free.
Time Limits In Mobility Scooter Accident Claims
There is generally a three-year time limit surrounding personal injury claims, in accordance with the Limitation Act 1980. But, there are some exceptions to this rule, including:
- People under the age of 18: If you are under the age of 18, the time limit is paused until your 18th birthday. The three years will then begin from this point and end on your 21st birthday. Someone else can claim on your behalf during this time by applying to be your litigation friend.
- Those lacking the mental capacity to claim: The time limit is similarly frozen for those lacking the mental capacity to claim. If the appropriate capacity is regained, the time limit will begin on the date of recovery. If not, someone else can apply to claim on your behalf as a litigation friend.
We could help work out which limitation period applies to your case and when the limitation period begins once we have all the specifics of your case to hand, so don’t hesitate to call us to check into this. If you are within the period and your mobility scooter accident was someone else’s fault, then you could go ahead and look into making a mobility scooter injuries claim.
Mobility Scooter Accident Compensation Payouts
Compensation payouts for successful mobility scooter accident claims can vary. Each case is assessed on its facts and circumstances. However, typically, successful claims could result in general and special damages.
General damages is the head of claim that compensates for pain and suffering your injuries have caused you. People valuing this head could refer to the Judicial College Guidelines (JCG). This publication contains guideline payout amounts for various injuries at different severities. You can see figures from the 2022 edition of the JCG in the table below. However, this is only meant as rough guidance, and the first figure is not taken from the JCG..
| Kind of injury | Explanation | Payout bracket |
|---|---|---|
| Multiple Severe Injuries Plus Special Damages | Combinations of injuries causing pain, suffering and financial loss, such as lost earnings. | Up to £1,000,000+ |
| Leg injuries – Severe (b) (i) | Just short of amputation | £96,250 to £135,920 |
| Leg injuries – Less serious (c) (i) | Serious injuries to the soft tissue and fractures that do not have a complete recovery | £17,960 to £27,760 |
| Arm injuries – Severe (a) | This could relate to arm injuries that are very serious, but where there is no amputation necessary | £96,160 to £130,930 |
| Arm injuries – Less severe (c) | Disabilities would exist but with significant recovery occurring or expected | £19,200 to £39,170 |
| Arm Injuries – (d) | No further detail required | £6,610 to £19,200 |
| Elbow injuries – Less Severe (b) | No major surgery needed, but impairment of the function of the elbow could be present – no significant disablement | £15,650 to £32,010 |
| Toe injuries – Amputation of Great toe (b) | No further detail needed | In the region of £31,310 |
| Toe injuries – Severe (c) | Often caused by crushing, just falling short of requiring an amputation | £13,740 to £21,070 |
| Toe injuries – Serious (d) | Crushing and multiple fractures could be included within this bracket | £9,600 to £13,740 |
| Toe injuries – Moderate (e) | Fractures could be included within this injury bracket | Up to £9,600 |
| Minor brain or head injury (e) | Any brain damage would be minimal | £2,210 to £12,770 |
Special damages compensate for financial loss. They could include:
- Loss of income – For loss of pay if you have had to take time off work to recover.
- Care costs – For any paid care in the home you’ve needed due to your injuries.
- Medical expenses – Such as paying for prescriptions.
- Travel expenses – For the costs of travelling to doctor’s appointments, for example.
You will need to submit evidence of these costs with documents such as invoices and bank statements.
To learn more about compensation for mobility scooter accidents, or to get a personalised estimate, please contact an advisor.
No Win No Fee Claim For A Mobility Scooter Accident
Claiming for a mobility scooter crash involves gathering evidence and communicating with the liable party to negotiate a settlement for you. Many people opt to use a solicitor to assist them with such claims because they wish to have the best chance of getting a compensation payout. Let’s explain how.
A solicitor could assist you in gathering evidence to support your claim. They can also liaise with the liable party to negotiate a settlement that is appropriate for your claim. Should your case need to be heard in court, they could also support you through this process.
Getting a solicitor to help you does not mean you have to pay them upfront. One of our solicitors may offer to take your claim on under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement, which typically means you don’t pay for the solicitor’s work until the end of your claim.
Should your claim be successful, the solicitor would take a predetermined, small percentage of your payout as a success fee. Should your claim fail, you would not usually pay them for their work.
To see if one of our No Win No Fee solicitors could help you, you can contact an advisor.
- Call an advisor on 0800 073 8801
- Use Live chat to connect with us
- Or, contact us online.
Reference Materials Relating To A Mobility Scooter Crash Claim
Below, we offer some further reading that you might find beneficial.
Rules surrounding scooters and wheelchairs – Here, you could read about the government’s rules for this type of vehicle.
Equipment you might need – Here is the NHS page on wheelchairs and scooters.
Claiming for someone else – If your loved one was injured in this type of accident, you might be able to claim on their behalf.
Serious injuries – Here, you will find out more information on serious injury claims.
Council claims – If you might have a claim against the council, then this guide could be useful.
How Do I Report A Car Accident? – Information on reporting a car accident.
MIB Payout Examples – Payout examples from the MIB following a car accident.
