E-scooters, and the wider micro-mobility market, is booming at present. But do e-scooter users know the risks they face?

 

E-scooters and the Law

Few people realise that e-scooters are illegal in public spaces in Northern Ireland. The law states that e-scooters should only be used on private land with the landowner’s permission. To be legally used on the road, the PSNI advise that e-scooters would require a driving licence, third party insurance, and other requirements found here. These requirements will not be easily satisfied. Riders who use their e-scooters on footpaths or roads illegally could face criminal repercussions.

The situation is different in Great Britain where there are a number of government approved trial schemes in which people can legitimately ride e-scooters on roads and cycle lanes (but not footpaths).

 

The rise of E-scooter incidents

There has been a steady increase in the numbers of e-scooters imported in the UK in recent years. The total for 2021 was almost 500,000. However, this also means that there has been a rise in casualties and fatalities. Very sadly, Emily Hartridge, a TV presenter and YouTube influencer, was killed in a collision with a lorry when she lost stability on her e-scooter. The Parliamentary Advisory Council for Transport Safety (PACTS) makes several safety recommendations for e-scooter use and a summary can be found here.

 

Do I need to insure my E-scooter?

Given the risks associated with their use, insurance is a vital consideration. The Financial Ombudsman advises that because it is illegal to ride  privately owned e-scooters on public land, owners of e-scooters cannot get insurance for that purpose. The situation for those partaking in legitimate trials is different as insurance will be provided by the authorised operators.

We advise looking at your policy wording carefully if you wish to rely on your home or contents insurance policy for cover. There may be limits to cover for theft or damage if, for instance, you are using the e-scooter for commuting. Further, we advise looking carefully at the terms and conditions of specialised e-scooter insurance, the websites for which can be deceptive as to the range of cover provided.

 

E-scooters and accidents

If you cause an accident in a public space on your e-scooter, you may face criminal sanctions. Without available insurance, you may also be exposed to significant costs in civil litigation. A person who is injured by an e-scooter is left in a similarly precarious position without potential recourse. The lack of a regulatory framework surrounding e-scooters is problematic and the courts will continue to deal with these issues on a case by case basis. Before purchasing an e-scooter, it is worth considering the risks.

 

While great care has been taken in the preparation of the content of this article, it does not purport to be a comprehensive statement of the relevant law and full professional advice should be taken before any action is taken in reliance on any item covered.