AS the weather warms up, more and more people are turning to e-scooters as a way to get about.
However, e-scooters shouldn’t be used without consideration for the law and the need for insurance, as Lauren Martin from law firm Thatcher + Hallam explains.
The Law and E-scooters
“Private E-Scooters remain illegal for use anywhere other than on 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 can only be rented by persons who have at least a full provisional car, motorcycle or moped licence. 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.
E-scooters and Insurance
“There is still much 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 can be the case that the rental agreement someone signs 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 with a small amount of form filling though your smart phone 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.
“Top tip: Before you go scooting about on a hired e-scooter, make sure you familiarise yourself with the providers terms and conditions of use, the rules you have to follow and take out E-Scooter liability insurance to protect you in case of an accident
If an e-scooter rider is injured by another driver
“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 fall foul of someone else’s negligent driving, in order to increase your chances of a successful 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.
“It is also recommended that you contact 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.
“If appropriate, start a claim at your earliest opportunity and certainly before 3 years has lapsed. You will only have 3 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.”
