The rise in popularity of E scooters in cities across the country has raised multiple questions regarding regulation, the rules of the road and safety concerns. That’s why we have created this guide to making an E scooter accident claim.
On this page, you’ll find information on several important topics, including how road accident compensation is calculated, the eligibility criteria to prove liability and the rules E scooter usage on urban roads.
We have also included a short overview of the type of No Win No Fee contract offered by our panel of expert road accident solicitors.
If you would like to learn more about road traffic accident claims or want to find out if you’re eligible to start a claim, then reach out today. Our advisory team is available 24 hours a day via any of the following:
- Call the team on 0800 408 7826.
- Complete our contact form here.
- Click the live chat button on your screen now.
Select A Section
- Compensation Calculator For An E Scooter Accident
- What Is An E Scooter Accident Claim?
- Can I Claim If I’ve Been Involved In A Collision With An E Scooter?
- How Do I Claim For An E Scooter Accident?
- How Long Do I Have To Make An E Scooter Claim?
- Claim For E-Scooter Accidents On A No Win No Fee Basis
- Read More About How To Make A Personal Injury Claim
Compensation Calculator For An E Scooter Accident
Compensation in a successful E scooter accident claim can be awarded under two different heads of loss. These are:
- General damages: for physical and psychological harm.
- Special damages: for associated monetary losses. We’ll cover this in more detail further down.
When it comes to calculating a potential damages figure, your medical evidence will be key. Those assigned this task will use that evidence alongside the Judicial College Guidelines (JCG) to determine the value of your injuries.
The JCG publication contains guideline compensation figures for various injuries. We have included some relevant guidelines, apart from the top entry, in the table here.
Compensation Table
Please note that this table has been included to act as guidance only.
| Type of Injury | Severity | Guideline Compensation Figure | Notes |
|---|---|---|---|
| Multiple Very Severe Injuries in addition to Significant Special Damages | Very Severe | Up to £1,000,000 + | The injured person will have multiple very severe injuries and incurred significant financial losses including lost pay, medical expenses and care needs. |
| Brain Damage | Very Severe | £344,150 to £493,000 | Little to no response to environment or language function, double incontinence and need for around the clock care. |
| Moderately Severe | £267,340 to £344,150 | Very serious disability that could physical or cognitive, necessitating a substantial dependence on others. | |
| Epilepsy | Established Grand Mal | £124,470 to £183,190 | Awards for epilepsy depend on the effectiveness of medication, the impact on daily life and the prognosis of the condition. |
| Other Epileptic Conditions | £12,990 to £32,090 | Cases involving one or two epileptic episodes or a temporary resurgence but no risk of further recurrences. | |
| Chest Injuries | Removal of One Lung and/or Serious Heart Damage | £122,850 to £183,190 | The total removal of one lung and/or serious heart damage causing permanent significant scarring and severe pain and suffering. |
| Traumatic Injury | £80,240 to £122,850 | A traumatic injury to the chest causing permanent functional impairment and reduction in life expectancy. | |
| Digestive System | Severe Damage (a)(i) | £52,490 to £75,550 | Severe damage to the digestive system with continuing pain and discomfort. |
| Serious Non-penetrating Injury (a)(ii) | £20,490 to £33,880 | Long-standing or permanent complications such as severe indigestion. | |
| Less Serious Leg Injuries | Less Serious (c)(ii) | £11,120 to £17,180 | Simple femur fracture with articular surface damage |
Special Damages In An E Scooter Accident Claim
The second of the two heads of claim is concerned with financial losses. In addition to immediate costs, special damages are also awarded for future costs. This means special damages awards are often much higher than those paid under general damages.
Examples of costs you could receive include:
- Loss of earnings.
- Medical costs.
- Care needs.
- Travel expenses.
- Home modifications.
Remember to provide supporting evidence, (payslips, receipts, invoices) for any costs you are trying to claim back.
To get a more personalised idea of what your potential claim could be worth, see our compensation calculator for more information, or talk to our team today.
What Is An E Scooter Accident Claim?
E scooters are battery operated scooters that are becoming increasingly commonplace in our cities.
All road users must abide by the rules and regulations set down by both the Road Traffic Act 1988 and the Highway Code. We’ll provide some more detailed examples in the next section. The general eligibility criteria for an E scooter accident claim as as follows:
- You were owed a duty of care by another road user.
- That road user failed to uphold this duty in some way.
- Their failure resulted in a road accident in which you were injured.
Do E Scooter Riders Have A Duty of Care?
The government has issued specific guidance for users of E-scooters, some of which we have summarised here:
- Riders must have a full UK or provisional driving licence. EU, EEA or other foreign licences are valid if they entitle the rider to drive small vehicles and they entered the country in the last 12 months.
- The scooter operators must have a valid insurance policy.
- Helmets are recommended but not mandatory.
- E scooters can be used on roads (motorways excluded) and cycle lanes. It is prohibited to ride on the pavement.
- Traffic signals, including lights, stop signals and other directional instructions, must be obeyed.
To find out more about claiming compensation following an E-scooter accident, or discuss the duty of care owed by road users further, talk to our team today.
Can I Claim If I’ve Been Involved In A Collision With An E Scooter?
As we said above, the E-scooter operator will need to have a valid insurance policy in case of an accident. If the E Scooter driver is at fault for a road collision, then those who need to can make a claim against the rider, and the insurance provider will pay the compensation.
Similarly, E-scooter riders can claim against the insurer of the vehicle that hit them. Riders hit by a fault, uninsured driver, foreign vehicle or if the driver failed to stop, can make their claim through the Motor Insurer’s Bureau. You can learn more about this type of claim by seeing our MIB compensation calculator guide.
To ask precisely who your claim will be made against call the number above.
How Do I Claim For An E Scooter Accident?
As with claiming compensation for any other road traffic collision, your E scooter accident claim will require you to provide some supporting evidence.
We have provided some potential examples here:
- Medical records.
- CCTV or dash cam footage.
- Witness contact information.
- Photographs of the accident, your injuries and the immediate scene.
Gathering evidence is one of the many tasks a solicitor from our expert panel could assist you with. To find out if you’re eligible to work with a solicitor from our panel, talk to our advisors for a free assessment today.
How Long Do I Have To Make An E Scooter Claim?
In most cases, a road traffic accident claim will need to be made within 3 years of the accident date as established in the Limitation Act 1980. However, there are cases where the standard limitation period will be waived. These are:
- Scooter riders under 18 at the time of the accident will have the 3 years counted from their 18th birthday.
- Those lacking sufficient mental capacity to claim for themselves will have their limitation period paused altogether.
In these scenarios, a suitable adult can apply to act as the injured person’s litigation friend. This means they would act on behalf of the injured person, and the claim can get under way sooner.
You can inquire further about the time limits in E-scooter accident claims by talking to our advisors via the contact information provided above.
Claim For E Scooter Accidents On A No Win No Fee Basis
To find out if you’re eligible to make an E scooter accident claim, talk to our advisors today for a free assessment. If they deem your potential claim as valid, one of the expert road traffic accident solicitors could offer you what’s known as a Conditional Fee Agreement or “CFA”
The CFA is a No Win No Fee contract between a solicitor and the claimant that offers some highly desirable features, including:
- You will not incur a fee for the solicitor to begin work on your claim.
- There will also be no fees for this work during the claim itself.
- Finally, there will be no fee to pay should the claim be unsuccessful.
Should, however, the claim succeed, you will receive a personal injury compensation award. A percentage of this will go to the solicitor as their success fee. Since success fees are capped by The Conditional Fee Agreements Order 2013, you will be keeping the majority of any compensation that is paid out.
If you would like to learn more about road accident claims or want to find out if you’re eligible to start a claim, then reach out today. Our advisory team is available 24 hours a day via any of the following:
- Call the team on 0800 408 7826.
- Complete our contact form here.
- Click the live chat button on your screen now.
Read More About How To Make A Personal Injury Claim
Read more of our guides on personal injury claims:
- See our car accident value calculator here.
- Learn more about claiming for a road accident death with this guide.
- Find out how pedestrian accident settlement amounts are calculated using this guide.
We have also included these external resources that you may find useful:
- You can view the latest road safety campaigns from THINK!
- Following a road traffic accident you be eligible to claim Statutory Sick Pay (SSP). Find out more on the Government website.
- Read the guidance on providing first aid after an accident from the NHS.
Thank you for taking the time to read our E scooter accident guide. You can reach out to our advisors at any time with questions or for a free assessment of your eligibility. Get in touch today using the contact information given above.