Electric scooter accidents: everything you need to know

Personal mobility vehicles, also known as electric scooters, have become an indispensable element on the streets of large cities. Whether owned or rented, electric scooters are among the most sought-after by users and are currently the latest trend. As a way to combat the massive pollution in large cities, more and more electric scooter users are seen on the streets, representing a responsible mode of urban mobility .

Problems with electric scooter accidents

This phenomenon has moved many people towards promoting climate change, responsible use of personal mobility vehicles , as well as a clear reduction in transport costs and a respite for current public transport with continuous overcrowding, layoffs, delays or other damage suffered.

But like any vehicle such as bicycles, electric wheels, electric scooters or others, which are not required to pay annual insurance, this independence also presents a risk; and that is that scooter users , like everyone else, can suffer scooter accidents.

However, there are already several large cities like Barcelona where, due to the numerous scooter accidents , a new law on pedestrian and vehicle traffic has been implemented in which users of electric scooters , segways and hoverboards that circulate in the city must have mandatory insurance, in addition to wearing a helmet and being over 16 years old.

Barcelona prohibits talking on the phone while driving or walking on the sidewalk, and the fine ranges from 100 to 500 euros.

The fine for riding a "simple electric scooter " might seem excessive, but the truth is that accidents involving them are on the rise. Last year alone, they were involved in at least 273 accidents, including 5 fatal collisions, according to the State Attorney General's Office, and in 74% of those cases, the scooters were at fault.

But what does a skating accident mean?

Until now, it wasn't entirely clear what constituted a skateboard accident , as skateboards have only been in operation for a short time and regulations governing this type of accident were not yet in place. However, the continued occurrence of such incidents has prompted the DGT (Spanish Directorate General of Traffic) to take action, and regulations have been implemented.

A scooter accident is like any traffic accident involving a scooter where the resulting injuries or personal damage can be proven. Depending on the severity of the incident, as well as the responsibility and actions of those involved at the time of the accident, the compensation to be claimed—according to Law 35/2015—will be higher or lower.

What do I need to know to properly claim compensation for a skateboarding accident ?

To carry out compensation for accidents involving electric scooters, we need to take into account:

1. An electric scooter carries the same civil liability as any other vehicle , so we have the same right to claim for damages in the event of an accident. However, since civil liability insurance is not mandatory, if you don't have it, you would have to:
   1. If you are the victim… accept the compensation offered by the insurance of the person responsible for the accident.
   2. If you are at fault… resort to home insurance with “third-party liability”.
   3. If you have neither liability insurance nor home insurance… assume the blame whether you are guilty or not.
   4. In the event that the culprit flees the scene… we should try to identify the vehicle and recruit witnesses to the accident to present it to the General Insurance Consortium.

This, coupled with the potential complications of proving the accident – since they may not be insured, and therefore, without insurance, filing an Amicable Accident Statement is not possible – makes scooter accidents difficult to claim compensation for if you don't know how to handle the situation at the time of the accident. So, what should you do if you have a scooter accident ?

2. We must bear in mind that electric scooter users are still particularly vulnerable drivers, whether due to their lack of vehicle safety or the limited regulations in place for accidents of this type.

Furthermore, as we mentioned, there is no mandatory liability insurance for driving electric scooters , so the only correct way to react in this type of accident is to call the police to file a report . This way, we can credibly and legally document what happened in the accident. If the other vehicle flees the scene, as I mentioned earlier, we will need to contact the General Insurance Consortium.

All of this, as we can see, depends on whether or not you have liability insurance . Any insured scooter will be entitled to the corresponding compensation for damage to the scooter or personal injury. But what if the electric scooter is rented?

3. In this case, we can also enjoy these civil liability rights. Every personal mobility vehicle rental company is obligated to offer them; therefore, we can pursue extrajudicial or judicial action against the vehicle's insurer .

Therefore, liability insurance coverage is one of the most common types of coverage, as it's the one most people use; it covers injuries sustained in an accident and damages caused by the scooter. However, there are other types of coverage available to insure scooters.

4. There are 4 types of coverage to ensure you are protected:
   1. Liability insurance*
   2. Own damage coverage : covers injuries and hospital expenses that have had to be covered as a result of the accident.
   3. Coverage for permanent disability or death : caused by the accident.
   4. Electric scooter protection coverage : which basically covers theft and damage caused by the accident.

As with everything, and as I mentioned before, the same scale would apply to any of the aforementioned compensations; the more damage you or your electric scooter suffers, the more compensation you will receive, and vice versa. What kind of scooter damage might affect my claim for compensation?

5. The compensation received will be commensurate with the type of injury suffered. The four most common injuries and/or resulting conditions are:
   1. Temporary damage: the injured party is compensated until the full recovery of the injuries caused in the accident.
   2. Consequences: all injuries and body parts that have been affected are assessed and, in relation to the age of the victim, a price is established in this regard.
   3. Financial loss: compensation is based on the level of loss of quality of life – not being able to do X leisure activities, work or everyday things – that the accident has caused us.
   4. Compensation for consequential damages and lost profits: this is the cost of recovery; what it costs to recover from the injuries suffered (both physically and economically, including the money we lose due to being off work).

It is true that these processes, even when well-informed, are difficult to handle if you do not have all the necessary knowledge to do it correctly and, most importantly, successfully.

6. Since it is such a complicated process, it is advisable to consult a lawyer specializing in traffic accidents.

In this article we tell you all the healthcare rights you should know if you have suffered an accident.