If you were injured on the roads in an e-scooter accident through no fault of your own, you may be entitled to claim compensation. This guide examines scooter accident claims and how to seek personal injury compensation.
Key Takeaways
- E-scooter accidents may result in both minor and life-threatening injuries.
- It is against the law to use a privately owned e-scooter on public land. However, certain areas offer e-scooter rentals.
- You may be eligible to claim if another road user was not navigating in a safe manner and you sustained injuries as a result of this.
- Your compensation figure depends on the extent of your injuries and financial losses.
- You must start your claim within three years of the accident. However, some exceptions may apply.
- One of our solicitors may help you claim compensation on a No Win No Fee basis.
To start your e-scooter accident claim, get in touch with our friendly advisors by:
- Accessing our contact page
- Calling our advisors on 0800 073 8801
- Messaging our advisors on our live chat
Jump To A Section
- The Dangers Of E-Scooters
- Can I Make A Claim For An E-Scooter Accident?
- Am I Still Eligible For Compensation If I Was Partially Responsible?
- How To Start Scooter Accident Claims
- How Much Compensation Can You Get For Scooter Accident Claims?
- Make A Compensation Claim With Our Solicitors
- More Information
The Dangers Of E-Scooters
E-scooters are becoming an extremely popular mode of transport. However, they can be dangerous and put road users at risk of harm. Here are some examples of why:
- There is no legal requirement for the use of safety equipment such as helmets or bright clothing.
- They can be ridden at a maximum speed of 15.5 miles per hour, which is enough to cause serious injuries should a rider fall due to a pothole or debris on the road.
- You only need a category Q license to use one. This means that those with provincial licenses can rent an e-scooter.
- You do not need to take any training sessions before riding an e-scooter.
As there are limited safety measures in place for e-scooters, they may be a dangerous mode of transport and potentially result in road users sustaining injuries.
How Common Are Scooter Accidents?
E-scooters are becoming a popular form of transport in the UK. However, users often overlook safety procedures and laws, making e-scooter accidents and injuries very common.
For example, the reported road casualties for Great Britain show that in 2023, there were 1,292 incidents involving e-scooters. In addition, 343 people sustained serious injuries as a result of these accidents. Therefore, road users must follow safe driving standards to prevent such accidents.
If you have suffered injuries in an e-scooter accident, contact our advisors to determine if you can claim compensation.
Can I Make A Claim For An E-Scooter Accident?
If you were injured in an e-scooter accident that was not your fault, you may ask, ‘Can I claim compensation?’ This may be possible if you meet the specific eligibility criteria discussed below.
All road users have a duty of care and must adhere to the provisions of the Road Traffic Act 1988 and the Highway Code. In doing so, they must use the roads safely and responsibly to avoid causing harm to other road users. Therefore, you may claim compensation if:
- A road user owed you a duty of care
- The road user breached this duty, causing your e-scooter accident
- This resulted in you suffering from injuries
For example, you may be safely crossing a junction on an e-scooter. However, a road user was speeding and using his mobile phone, failing to stop at a red traffic light on time. If this resulted in the road user colliding with your e-scooter, causing your fractured neck and leg injury, you may be eligible to claim compensation.
Get in touch with our helpful advisors today to find out about eligibility for scooter accident claims.
Am I Still Eligible For Compensation If I Was Partially Responsible?
If you were partially responsible for an e-scooter accident, you may still be eligible for compensation in a split liability claim.
You still must meet the claims eligibility criteria discussed above to make a split liability claim. However, in this type of claim, your negligent actions would have also contributed to the accident.
In split liability claims, both parties must agree to split blame. The percentage at which each party is responsible will determine how much compensation is awarded.
For example, if you were 30% responsible for the accident, you would be awarded 70% of the compensation.
What If I Wasn’t Wearing A Helmet?
Although helmets are not a legal requirement when riding an e-scooter, you should ensure you always wear one to prevent a serious head injury when involved in an accident.
If you failed to wear a helmet and were involved in an e-scooter accident that was not your fault, you still may be eligible to claim compensation. However, as with split liability claims, this may reduce your compensation accordingly. In this case, it would be called a contributory negligence claim.
Contact our advisors today if you were partly responsible for an e-scooter accident to learn whether you can claim compensation for your injuries.
How To Start Scooter Accident Claims
If you want to make a scooter accident claim, here is some important information explaining how to start this process to be compensated for your suffering.
Claim Time Limit
Before you begin your claim, knowing if you are still within the personal injury claims time limit is important. Under the Limitation Act 1980, you must start your claim within three years of your accident. However, depending on the circumstances of some claims, exceptions may apply to this rule, such as:
- If the claimant is a minor under eighteen, the time limit will be paused until they turn eighteen and will run for three years. This is because minors are not legally allowed to start a claim.
- If the claimant has a limited mental capacity, the three-year time limit will not be placed on their claim. However, if they regain this mental capacity, the three year time limit will be applied to their claim and will run from the date it was deemed they recovered this capacity.
If the time limit is paused on your claim, a litigation friend may be appointed to act on your behalf.
Proving Liability
As with all personal injury claims, you must be able to establish how the third party was liable for your suffering for your claim to be successful. To prove liability, it is important to provide evidence of how the third party caused your injuries.
Some examples of evidence that may be used in a scooter accident claim include:
- Dashcam or CCTV footage of your accident
- Photographs of your injuries
- Medical and police reports
- Insurance details
- Documentation of the e-scooter
One of our solicitors may help you obtain evidence if you need help.
Get in contact with our advisors to learn more about how to start scooter accident claims or to find out if you are eligible to have support from one of our No Win No Fee solicitors.
How Much Compensation Can You Get For Scooter Accident Claims?
If your scooter accident claim is successful, you may be awarded compensation for the suffering this caused you. Settlements for successful road traffic accident claims, may consist of up to two heads of loss: general and special damages.
General damages are awarded to compensate you for any injuries you sustained in your e-scooter accident, including physical injuries and psychological harm.
A specific team will calculate your general damages using documents such as an independent medical assessor’s report and guidelines presented by the Judicial College (JCG). The JCG is a list of guideline compensation figures for different injuries. The table below presents examples from the JCG except those from the top figure. However, please remember that they are only guideline figures, so you are not guaranteed this amount.
Injuries | Compensation Guideline | Explanation |
---|---|---|
Multiple Severe Injuries and Significant Financial Losses | Up to £1 million plus | The injured has suffered from multiple serious injuries and has incurred significant financial losses as a result. |
Very Severe Brain Damage | £344,150 to £493,000 | Little or no evidence of response to environment, language function, waking patterns and postural reflex movement. Bracket includes cases involving quadriplegic cerebral palsy resulting in severe cognitive and physical disabilities. |
Moderate Brain Damage (i) | £183,190 to £267,340 | The injured suffers from moderate to severe intellectual deficit and personality change. This also effects their sight, speech and senses. There is no prospect of employment. |
Severe Back Injuries (i) | £111,150 to £196,450 | The most serious injury involving damage to the spinal cord and nerve roots. This may result in incomplete paralysis and impaired bladder, bowel and sexual function. |
Severe (i) Neck Injuries | In the region of £181,020 | Resulting in incomplete paraplegia. The injuries leave little or no movement in the neck and subsequently the claimant suffers from headaches. |
Severe Pelvis and Hip Injuries (i) | £95,680 to £159,770 | Serious fractures of the pelvis or a hip injury resulting in spondylolisthesis of the lower back joint causing intolerable pain. |
Severe Leg Injuries (ii) Very Serious | £66,920 to £109,290 | Injuries causing permanent problems with mobility so walking aids are essential. Multiple fractures take years to heal and extensive treatment is required. |
Arm Injuries Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 | Severe fractures to one or both forearms and significant permanent disability of a functional or cosmetic nature. |
Moderate Ankle Injury | £16,770 to £32,450 | Fractures and ligamentous tears that may give rise to minor disabilities such as difficulty with walking and standing. There may be a risk of future osteoarthritis. |
Multiple Fractures of Facial Bones | £18,180 to £29,220 | Includes permanent facial deformity. |
Am I Eligible For Special Damages?
If you sustained injuries in your e-scooter accident, you may also be eligible to claim special damages. This head of claim compensates you for any financial losses you incurred as a result of your injuries. Some examples of what you may claim special damages for include:
- Loss of earnings
- Lost work benefits such as bonuses and pension contributions
- Costs towards healthcare, childcare and travel
- Payments towards home adjustments and special equipment
When claiming special damages, you must provide evidence of the losses you incurred, such as payslips, bank statements and receipts.
Contact our advisors to discuss what special damages could be recovered in scooter accident claims and what items you could be reimbursed for in your specific circumstance.
Make A Compensation Claim With Our Solicitors
If you want to claim compensation for your injuries caused in a scooter accident that was not your fault, you may benefit from help from one of our personal injury solicitors. They are specialists in scooter accident claims and may help you by:
- Explaining the claims process and walking you through it
- Explaining key legal terminology and documents
- Helping you obtain evidence
- Contacting third parties and negotiating a settlement on your behalf
One of the key benefits of having legal representation from our solicitors is that you do not have to worry about paying out-of-pocket expenses for their work on your claim. This is because they operate on a No Win No Fee basis, meaning you may sign a Conditional Fee Agreement (CFA) for their services.
If your claim is successful, you must pay our solicitors a success fee. However, this is taken from your compensation as a small, legally capped percentage. If you signed a CFA and your claim is unsuccessful, you are not required to pay our solicitors for their work done on it.
Contact Us
To start your scooter accident claim, get in touch with our friendly advisors by:
- Accessing our contact page
- Calling our advisors on 0800 073 8801
- Messaging our advisors on our live chat
More Information
For more information on road traffic accident claims, access the links below:
- Learn more about road traffic compensation claims
- Learn how long after an accident you can claim for whiplash
- Learn how to claim for accidents caused by uninsured drivers
References:
- Find your nearest urgent care centre, NHS.UK
- Find out if you are entitled to statutory sick pay, GOV.UK
- Learn more about e-scooter safety, GOV.UK
Thank you for taking the time to read this guide on scooter accident claims.