E-Scooters – what happens if you're involved in an accident?
Local law firm Thatcher + Hallam has been watching the pilot of the e-scooter hire scheme in nearby Bath and Bristol with interest.
The trial has been in place now for around three months and appears to be a real success. But what are the rules and laws surrounding the use of private e-scooters and rental e-scooters, and what should you do if you find yourself involved in an e-scooter accident? Lauren Martin (GCILEx) from the Personal Injury team at Thatcher + Hallam explains here.
Some of the current rules and laws surrounding Private E-Scooters and Rental E-Scooters are as follows:
Private E-Scooters
Private E-Scooters remain illegal for use anywhere other than private land and with the permission of the private landowner. If you, or your child, is caught using a private E-Scooter on public land, pavements, roads, etc they will likely end up with a £300 fine, 6 penalty points on any licence they hold or will hold in future and confiscation of the E-Scooter.
Rental E-Scooters
Rental E-Scooters can only be rented by persons who have at least a full provisional car, motorcycle or moped license. They are not to be used or ridden by children. They are also not to be used on pavements, though they can be used on roads as they are classed as a 'personal light electric vehicle' and therefore are seen much the same as if you were to be riding a moped. If you are using a rental E-scooter you will usually need you agree to terms and conditions of use. It's not yet clear how far the terms and conditions of use would protect someone using an E-Scooter in the event of an accident and injury.
Rental E-Scooters and Insurance
There is still confusion as to who will pick up the bill for an E-Scooter public liability accident claim and riders need to be aware of this.
It is often the case that the rental agreement agreed when hiring an E-Scooter will essentially absolve the rental company for any liability if the rider is unlucky enough to cause an accident or harm to another member of the public.
It is most likely that cover will fall back either onto legal cover provided with home insurance policies (though please check your cover as this is often an 'opt in' add on to insurance policies) or, in the worst case scenario, the rider may find themselves personally liable – meaning they will need to pay compensation out of their own pocket.
Probably the best way for a rider to protect themselves would be to take out bespoke public liability insurance, which is extremely simple and straight forward to do, and will likely cover you for theft, damage and injury to others (though cover does vary).
If you do not have adequate insurance and you cause harm to someone else, or damage to their property then you, or your parents if you are classed as a child, may be held personally liable.
If an E-Scooter rider is injured due to someone else's negligence
As Rental E-Scooters are to be ridden on road, it can be expected from time to time that there may be an unfortunate accident involving a motor vehicle. The laws and liabilities surrounding this scenario are much more straight forward as it would be likely the vehicle owner would have insurance to cover them in the event of a road traffic accident.
If you were to sustain an injury as a result of someone else's negligent driving, in order to increase your chances of a future successful personal injury claim you should (where possible) take the name, address and licence number of the car that hit you and take photographs of anything of significance. If the accident happened near traffic lights or places that have CCTV, request (as soon as possible) the CCTV footage.
You should then get in touch with a Personal Injury team of Lawyers (not a claims management company) where you can get sound and correct advice on your claim, often on a no obligation basis. You should then start a claim at your earliest opportunity and certainly before three years has lapsed. You will only have three years to either settle the claim or issue it to court and if neither of these happen then you will lose your right to claim.
Lauren said, "It will certainly be interesting to see how the use of E-Scooters and the laws surrounding them develop. It's fantastic to hear that so far the Bristol and Bath trials seem to be going without a hitch."
"Our top tips to anyone thinking of renting an e-scooter are to make sure you've read the terms and conditions of use and the rules you have to follow and take out E-Scooter liability insurance, to protect you in case of an accident."
"If you are unfortunate to experience an accident that results in personal injury and you are unsure about whether you are able to make a claim, then a company like Thatcher + Hallam would be happy to offer you a no obligation assessment."
For further information about personal injury claims click HERE : the T+ H site
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