E-scooters: their use, rights of users, pedestrians, other road users and risk of potential injury

The increase use of e-scooters means we thought it was time for an update to a previous blog written by Lauren Martin (GCILEx) from our Personal Injury team. This blog looks at the rights of E-Scooter users, pedestrians and other road users, as well as the risk of potential accidents and injury. The South West has now been piloting E-Scooter hire within Bath and Bristol for around three months, so this feels timely. Over to Lauren…..

The Bath and Bristol Voi E-Scooter Trial

The Voi E-Scooters, rented through Weca, will likely be seen frequently now across both Bath and Bristol with the trial to remain in place until October 2021. Although met with dread by many (and rightly so after the Coventry trial was abandoned because too many people were using the rental E-Scooters on the pavements) it seems as though they have, by and large, been a real success within Bath and Bristol.

What are the rules and laws on private E-Scooters, rental scooters and the use of E-Scooters?

Some of the current rules and laws surrounding Private E-Scooters and Rental Scooters are as follows:

1. Private E-Scooters remain illegal for use anywhere other than private land and with the permission of the private land owner. 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.
2. 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.
3. They are also not to be used on pavements, though they are able to 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.
4. You will need to download an app from the rental provider to start an E-Scooter hire and this will often have you agree to their terms and conditions of use.

Before the start of the trials of the rental E-Scooter it was unclear 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 challenges

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 is often the case that the rental agreement agreed when downloading the app 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

When the E-Scooter Rider is injured due to someone else’s negligence

As 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 fall foul of someone else’s negligent driving, in order to increase your chances of a successful claim you should (where possible):-

1. Take the name, address and licence number of the car that hit you and take photographs of anything of significance.
2. If the accident happened near traffic lights or places that have CCTV, request (as soon as possible) the CCTV footage.
3. Get in touch with a Personal Injury team of Lawyers (not a claims management company) such as ourselves, where you can get sound and correct advice on your claim, often on a no obligation basis.
4. 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.

What’s next for E-Scooters?

It will certainly be interesting to see how this area develops, and it is fantastic to hear that so far the Bristol and Bath trials seem to be going without a hitch..

However accidents do happen and should you find yourself unsure as to whether you are able to make a claim, our friendly team of personal injury lawyers will be pleased to provide a no obligation assessment.