5 steps for an e-scooter accident claim
1. Prioritise safety and seek medical attention
Ensure safety: Move to a safe location where possible and seek assistance if required.
Seek medical care: Even if your injuries appear minor, it is important to obtain medical attention. Some injuries may not become apparent until hours or days after the accident.
2. Collect evidence at the accident scene
Gather information: Obtain the names, addresses, and contact details of all parties involved.
Photographic evidence: Take photographs of the accident scene, your injuries, any vehicle damage, and the surrounding area.
Witness details: Obtain the names and contact details of any witnesses.
Official records: Keep copies of any Garda reports, medical records, and correspondence relating to the accident.
3. Report the accident to An Garda Síochána
If Gardaí attend the scene, they will record details of the incident and may take statements from those involved.
If Gardaí do not attend, it may be advisable to report the incident at your local Garda station, particularly where injuries have been sustained or liability is disputed.
4. Notify your insurance provider
If you have motor, health, or personal accident insurance that may be relevant to the incident, notify your insurer as soon as possible. Some insurance policies contain notification requirements that may affect cover.
5. Consult a solicitor
A solicitor can advise you on your legal rights, assist with gathering evidence, and guide you through the claims process.
Most personal injury claims in Ireland must first be submitted to the Injuries Resolution Board (IRB) before court proceedings can be commenced.
Have you been injured by an e-bike?
Common ways people are injured in accidents involving e-bikes are:
- Being struck by an e-bike while crossing the road
- Collisions involving e-bikes on roads, cycle lanes, or shared pedestrian areas
- E-bikes being operated in a dangerous or negligent manner
- Hit-and-run incidents involving e-bike riders
- Accidents caused by excessive speed or loss of control
If you have been injured in an accident involving an e-bike, it is important to obtain the names and contact details of any other parties involved, where possible.
You should also gather witness details and photographic evidence.
If you are unable to identify the rider, a solicitor may be able to assist in investigating the circumstances of the accident.
Depending on the circumstances, a claim may be pursued against the rider, the vehicle owner, a rental operator, or, in certain cases involving uninsured or unidentified vehicles, the Motor Insurers’ Bureau of Ireland (MIBI).
What makes e-bikes different?
E-bikes differ from traditional bicycles because they are equipped with an electric motor that assists the rider while pedalling.
Their increasing popularity has led to a rise in accidents involving e-bike riders and other road users.
If you have been involved in an accident involving an e-bike and another party was responsible, you may be entitled to pursue compensation for your injuries and financial losses.
Factors influencing e-scooter accident claims
Severity of injuries
More serious injuries generally result in higher levels of compensation.
Financial losses
Compensation may include medical expenses, rehabilitation costs, loss of earnings, and other financial losses arising from the accident.
Impact on daily life
Consideration will also be given to how the injuries affect your ability to work, carry out daily activities, and enjoy your normal quality of life.
Statute of limitations
In most cases, personal injury claims arising from an e-scooter accident must be brought within two years, less one day, from the date of the accident or the date of knowledge of the injury.
Different rules apply to persons under the age of 18. We recommend seeking legal advice as soon as possible to ensure that your rights are protected.
Safety tips for e-bike users
Wear protective gear
A properly fitted helmet and other protective equipment can help reduce the risk of serious injury.
Follow traffic rules
Obey road traffic laws, speed limits, traffic signals, and road signage.
Stay alert
Remain aware of road conditions, pedestrians, cyclists, and other vehicles at all times.
By following these steps, you can help protect your safety and ensure that your rights are preserved following an e-bike accident.
How can you register an e-bike with no license plate?
The manufacturer of your MPV should provide you with a COC document.
This document declares that the MPV is compliant with the approved type specified. You can use your MPV on private property only if you cannot obtain a COC.
Frequently asked questions
Q. Are e-scooters and e-bikes legal to use on public roads in Ireland?
Yes, provided they meet the applicable legal requirements.
E-scooters became legal for use on Irish public roads from 20 May 2024, subject to specific rules and technical standards. Riders must be aged 16 or over, and e-scooters must not exceed the permitted speed and technical specifications.
Compliant e-bikes may also be used on public roads and cycle paths where they meet the rules for pedal-assisted bicycles.
More powerful vehicles may be treated differently and may require registration, tax, insurance, or a licence, depending on their classification.
Q. Who is liable when a negligently operated e-scooter injures a pedestrian in Ireland?
Where a pedestrian or other road user is injured by a negligently operated e-scooter, a claim may be brought against the rider.
Liability will depend on the circumstances of the accident, including whether the rider failed to take reasonable care, rode dangerously, used the e-scooter in a prohibited area, or failed to comply with road traffic rules.
In some cases, another party may also be relevant, such as an employer, rental operator, owner, or another road user involved in the incident.
Q. What if the e-scooter rider who injured me was uninsured or cannot be identified?
If the rider is uninsured or cannot be identified, the appropriate claims route will depend on the circumstances of the accident and the legal classification of the vehicle involved.
In certain road traffic accident cases involving uninsured or untraced vehicles, a claim may be considered through the Motor Insurers’ Bureau of Ireland (MIBI).
However, eligibility will depend on the facts of the case and the type of vehicle involved.
A solicitor can advise on whether a claim should be pursued against the rider personally, another responsible party, or through another claims route.
Q. Can I bring a claim against an e-bike or e-scooter rental company if their vehicle caused my injuries?
A claim may be brought against a rental company where the facts support it.
This may arise where the vehicle was defective, unsafe, improperly maintained, or where the rental operator failed to comply with its legal obligations.
Depending on the circumstances, a claim may also involve the rider, the owner of the vehicle, a rental operator, a manufacturer, or another party responsible for the accident.
Q. What documents matter in an e-bike or e-scooter accident claim?
The most important documents will usually include medical records, photographs of the accident scene, witness details, Garda reports where available, insurance details, rental records, CCTV footage, and any evidence showing the condition or specification of the e-bike or e-scooter.
For e-scooters, compliance with technical standards may be relevant.
This can include whether the e-scooter met the required speed, power, weight, braking, lighting, and identification requirements.
Where a device was being used unlawfully or did not meet the required standards, this may be relevant to liability or contributory negligence.
