Who: Slater and Gordon Associate in Work and Roads, Ally Jalbert
What: While e-scooters offer an eco-friendly and convenient mode of transport, accidents can happen, leaving riders and pedestrians vulnerable to injury and unclear about their legal options. Expert in motor vehicle accident law Ally Jalbert let’s you know how your legal options differ if you’re on an e-scooter compared to a car.
When: Available in the morning for phone interview
Contact: Cassandra Yiannacou 0401322593
“As e-scooters continue to become a part of our daily lives, the conversation around rider safety and legal rights is becoming increasingly urgent. While e-scooters offer an eco-friendly and convenient mode of transport, accidents can happen, leaving riders and pedestrians vulnerable to injury and unclear about their legal options.”
“A rider’s safety should always come first, but when accidents occur, it’s critical to understand that you have legal options, however they may not be as straightforward as a collision involving two cars.”
“Unlike motor vehicle accidents, there is currently no compulsory third-party (CTP) scheme for e-scooters. This means there’s no mandatory insurance if you’re injured on the road in an e-scooter accident whether as an e-scooter rider or pedestrian.”
“In the case of e-scooters, if the reason for the accident is found to be due to careless or reckless behaviour from the rider, e-scooter riders are unlikely to have any insurance coverage for injuries they cause.”
“There are also e-scooter accidents that are caused by faults with the scooter, instances of batteries exploding, wheels snapping off, raised paths or even e-scooters suddenly stopping and catapulting riders over the handlebars.”
“In situations where a mechanical fault in the vehicle or a poorly maintained road causes the accident, fault could potentially be placed on a party other than the rider. “
“In the absence of an insurer, the at-fault rider would be responsible for paying any compensation owed, and they may not be financially capable of covering significant compensation for serious injuries.”
“Alternatively, the injured party may be responsible for covering all of their own personal rehabilitation expenses through no fault of their own.”
“Even if e-scooter sharing services could be held liable for injuries resulting from e-scooter use, user agreements often limit or shift liability onto users.”
“However, in circumstances where an e-scooter rider is injured by a collision with a motor vehicle accident which was not the e-scooter rider’s fault, they will likely be eligible to make a claim against the CTP insurer of the at-fault driver.”
“If you find yourself in an accident while on an e-scooter your claim will depend on who is determined responsible, so you must treat it like any other accident in the sense that you must stop, exchange details, and if you’re able you should take photos and video for evidence.”
“Accidents with e-scooters are not as simple as regular car accidents and often have a ripple effect, for example it may be a product liability issue or an issue to be raised with the council as well. But riders are vulnerable without CTP schemes so being aware of what to do and their legal rights is imperative.”
Contact details:
Cassandra Yiannacou 0401322593
