Hit by an E-Scooter or E-Bike? You May Still Be Able to Claim

E-Scooter and E-Bike Accidents: Can You Claim If the Rider Flees?

If an e-scooter or e-bike rider causes an accident and leaves the scene, you may assume there is nobody against whom you can make a claim. That is not necessarily the case.

The route to compensation depends heavily on the type of vehicle involved. A private e-scooter, a legally compliant electric bike and a modified high-powered e-bike are treated differently under UK law.

In some cases, a claim may be possible through the Motor Insurers’ Bureau. In others, it may need to be brought directly against an identified rider or another responsible party.

Nimish Patel, Head of Personal Injury at McHale & Co Solicitors, said:

“People are often understandably concerned that a rider leaving the scene means they have no route to compensation. That is not always the case, but identifying exactly what type of vehicle was involved is essential because the law treats e-scooters, compliant e-bikes and modified e-bikes differently.”

This article explains the main distinctions and what to do if you are injured in an e-scooter or e-bike hit-and-run.

Key Takeaways

Can I claim if an e-scooter rider leaves the scene?
A claim through the Motor Insurers’ Bureau may be possible, depending on the circumstances. The collision should be reported to the police as soon as possible and within 14 days of a hit-and-run.

Are private e-scooters legal on UK roads?
Privately owned e-scooters cannot legally be used on public roads, pavements or cycle lanes. Approved rental e-scooters operating as part of government trials are subject to different rules.

Does the MIB cover accidents caused by ordinary e-bikes?
Not usually. A legally compliant electrically assisted pedal cycle is not treated as a motorcycle or moped and does not require motor insurance.

What if the e-bike was modified or unusually powerful?
An e-bike that exceeds the legal power or speed limits may be classed as a motorcycle or moped. It would then require registration, tax and insurance, which may affect the route available for a claim.

Do I need CCTV or witness evidence?
It can make a significant difference, particularly when the rider cannot be identified. A lack of footage does not automatically prevent a claim, but evidence should be gathered quickly wherever possible.

Will I have to pay legal fees upfront?
We may be able to handle your claim on a no-win, no-fee basis. The terms and any potential deductions will be explained before the claim begins.

E-Scooter Accidents Are a Growing Road-Safety Concern

E-scooters are now a common sight on roads and in town and city centres, despite the restrictions surrounding private ownership and public use.

Department for Transport figures recorded 1,390 casualties in reported collisions involving e-scooters in Great Britain during 2024. These included six deaths and an estimated 444 people who were seriously injured. The casualties also included 218 pedestrians and 47 pedal cyclists, demonstrating that the risks are not confined to e-scooter riders themselves.

Did You Know?

1,390 people were injured or killed in reported collisions involving e-scooters in Great Britain during 2024.

Source: Department for Transport

As e-scooters and electric bikes become more visible, the legal position can appear confusing for pedestrians, cyclists and motorists injured in collisions involving them.

Why the Type of Vehicle Matters

The term “electric vehicle” can cover devices with very different legal classifications.

Understanding whether the vehicle was a private e-scooter, a compliant electric bike or a modified high-powered bike can determine whether motor insurance should have been in place and whether the Motor Insurers’ Bureau may become involved.

Private E-Scooters

E-scooters are mechanically propelled vehicles and fall within the legal definition of a motor vehicle. The laws applying to motor vehicles therefore also apply to e-scooters.

Privately owned e-scooters cannot legally be used:

  • on pavements;
  • in cycle lanes or cycle tracks;
  • on public roads without meeting the relevant motor-vehicle requirements; or
  • in other pedestrian-only public areas.

They can generally only be used on private land with the landowner’s permission. Approved rental e-scooters operating within government trial areas are subject to a separate legal framework.

The fact that a private e-scooter was being used illegally does not automatically prevent an injured person from seeking compensation. Because the device is treated as a motor vehicle, an application to the Motor Insurers’ Bureau may be possible where the rider was uninsured or cannot be traced.

Legally Compliant E-Bikes

A standard electric bike is legally known as an electrically assisted pedal cycle, or EAPC.

To qualify as an EAPC, the bike must:

  • have pedals that can be used to propel it;
  • have an electric motor with a continuous rated power output of no more than 250 watts; and
  • stop providing motor assistance above 15.5mph.

A compliant EAPC does not need to be registered, taxed or insured and can generally be used wherever conventional pedal cycles are permitted.

This means that an accident caused by a compliant electric bike is normally approached as a cycling accident rather than an uninsured motor-vehicle accident.

If the rider can be identified, a personal injury claim may potentially be brought directly against them. They may also have relevant cover through a specialist cycling policy, household insurance or membership organisation.

The position can be more difficult where the rider cannot be identified because the Motor Insurers’ Bureau does not ordinarily compensate victims of accidents caused by conventional pedal cycles or compliant EAPCs.

Modified and High-Powered E-Bikes

An electric bike may stop qualifying as an EAPC if it:

  • has a continuous rated motor output above 250 watts;
  • can be propelled by the motor above 15.5mph; or
  • does not have pedals capable of propelling it.

A bike that does not meet the EAPC requirements may legally be classed as a motorcycle or moped. It would then need to be registered, taxed and insured, and the rider would need the appropriate driving licence.

That classification can be crucial following an accident. If a modified electric bike should legally have been insured as a motor vehicle, an MIB claim may be possible where the rider was uninsured or cannot be traced.

Nimish Patel said:

“The key question is not simply whether the rider had insurance. We first need to establish how the vehicle is classified. A compliant e-bike is treated differently from a private e-scooter or a modified high-powered bike, and that distinction can change the entire route a claim takes.”

What Is the Motor Insurers’ Bureau?

The Motor Insurers’ Bureau, commonly known as the MIB, is a not-for-profit organisation funded by motor insurers.

It supports and compensates eligible people injured in accidents caused by:

  • uninsured drivers;
  • drivers or riders who cannot be traced; and
  • certain foreign-registered vehicles.

An untraced driver or rider may have left the scene, failed to provide contact details or supplied false information.

An uninsured or unidentified rider does not automatically mean a claim will succeed. The accident must fall within the MIB’s rules, and eligibility will depend on the classification of the vehicle and the individual circumstances.

When Might an MIB Claim Be Possible?

An application to the MIB may be considered where an accident was caused by:

  • an uninsured private e-scooter rider;
  • an e-scooter rider who left the scene and cannot be identified;
  • an uninsured modified e-bike legally classed as a motorcycle or moped; or
  • another uninsured or untraced motor-vehicle user.

Where a compliant e-bike was involved, the MIB route will not usually apply because that vehicle is not required to have motor insurance.

Specialist legal advice can help establish what type of vehicle caused the collision and whether the claim should be directed to the MIB, an insurer, the rider personally or another responsible party.

What to Do After an E-Scooter or E-Bike Hit-and-Run

The steps taken immediately after a collision can have a major effect on the ability to identify the rider and establish what happened.

Report the Collision to the Police

Report the incident as soon as possible.

For an MIB hit-and-run claim, the accident must be reported to the police within 14 days, even if the compensation claim is submitted later. Keep the crime number or incident reference provided.

Nimish Patel said:

“Reporting the collision promptly is one of the most important things an injured person can do. It creates a formal record, allows the police to investigate while evidence may still be available and protects the possibility of an MIB claim where the rider cannot be traced.”

Seek Medical Attention

Obtain appropriate medical treatment, even if your injuries initially appear manageable.

Some symptoms develop or become more serious in the hours and days after a collision. Medical attention also creates a contemporaneous record of the injuries and treatment received.

Record What You Remember

Write down as much information as possible, including:

  • the time and location of the collision;
  • the rider’s appearance and clothing;
  • the colour and design of the vehicle;
  • whether the bike or scooter appeared modified;
  • the direction in which the rider travelled;
  • any delivery-company markings or identification numbers; and
  • anything the rider said before leaving.

Do this while the details are still fresh.

Look for Witnesses and Footage

Ask witnesses for their names and contact details.

Look for nearby:

  • shops and businesses with CCTV;
  • residential doorbell cameras;
  • buses or taxis;
  • parked vehicles with dashcams; and
  • traffic or council-operated cameras.

Footage may be deleted automatically after a short period, so requests should be made quickly.

Photograph the Scene and Damage

Take photographs of:

  • the accident location;
  • your injuries;
  • damaged clothing or belongings;
  • damage to your bicycle or vehicle;
  • road markings and signs; and
  • any debris left at the scene.

Keep Evidence of Financial Loss

Keep records and receipts relating to:

  • lost earnings;
  • medical treatment;
  • rehabilitation;
  • travel expenses;
  • damaged belongings;
  • care and assistance; and
  • other costs caused by the accident.

These losses may form part of any compensation claim.

What If There Is No CCTV?

CCTV, dashcam footage and independent witnesses can significantly strengthen an untraced-rider claim, but their absence does not necessarily prevent one.

Other evidence may include:

  • a prompt police report;
  • medical records;
  • photographs;
  • details recorded immediately after the collision;
  • damage consistent with the account given; and
  • evidence from anyone spoken to shortly afterwards.

The MIB advises applicants to provide as much information as possible because untraced cases can be more difficult to investigate where evidence is limited.

The available evidence must be considered as a whole.

Who Can Be Injured in an E-Scooter or E-Bike Accident?

E-scooter and electric bike collisions can affect:

  • pedestrians struck on a pavement or crossing;
  • cyclists knocked from their bikes;
  • motorcyclists;
  • drivers and passengers;
  • other e-scooter or e-bike users; and
  • children and other vulnerable road users.

The appropriate claim route will depend on how the accident occurred, who was responsible and the legal classification of the vehicle involved.

How McHale & Co Solicitors Can Help

Our personal injury team can assess:

  • what type of e-scooter or e-bike was involved;
  • whether it was legally classed as a motor vehicle;
  • whether an insurer can be identified;
  • whether an MIB claim may be available;
  • whether another individual or organisation could be responsible; and
  • what further evidence is required.

We can also help obtain medical evidence, calculate the financial impact of the injuries, communicate with the MIB or insurers and advise on any compensation offer received.

Our team has experience handling claims involving cyclists, motorcyclists, pedestrians and other road users, including accidents where the person responsible left the scene.

No-Win, No-Fee E-Scooter and E-Bike Claims

We may be able to handle your claim under a conditional fee agreement, commonly known as a no-win, no-fee agreement.

This will normally mean that you do not pay an upfront legal fee. The terms of the agreement, including any potential deductions or insurance arrangements, will be explained clearly before you decide whether to proceed.

Conclusion

An uninsured or unidentified e-scooter rider does not necessarily mean that an injured person has no route to compensation.

Depending on the circumstances, a claim may be available through an insurer, directly against the rider or through the Motor Insurers’ Bureau.

The position involving electric bikes is more nuanced. A compliant EAPC is treated similarly to a conventional pedal cycle, while a modified or high-powered electric bike may legally be classed as a motorcycle or moped.

Establishing what type of vehicle caused the accident is therefore one of the first and most important steps.

If you have been injured by an e-scooter or e-bike rider who left the scene, report the collision to the police promptly and obtain specialist advice before assuming that no claim can be made.

Frequently Asked Questions

Can I claim if an e-scooter rider hit me and left the scene?

Potentially. Because an e-scooter is legally treated as a motor vehicle, an application through the Motor Insurers’ Bureau may be possible if the rider was uninsured or cannot be traced. Eligibility will depend on the circumstances of the accident.

How quickly must I report a hit-and-run?

The MIB states that a hit-and-run collision must be reported to the police within 14 days. Reporting it immediately may also improve the chances of locating witnesses or obtaining CCTV footage.

Are private e-scooters legal?

Privately owned e-scooters cannot legally be used on public roads, pavements or cycle lanes. They can be used on private land with the landowner’s permission. Approved rental e-scooters operating in government trial areas are subject to separate rules.

Can I make an MIB claim after being hit by an ordinary e-bike?

Usually not solely because the rider cannot be traced. A compliant EAPC is not legally treated as a motorcycle or moped and does not require motor insurance. A claim may still be possible against an identified rider or another responsible party.

When does an e-bike become a motor vehicle?

An electric bike that does not meet the EAPC requirements may be classed as a motorcycle or moped. Relevant factors include a motor output above 250 watts, assistance above 15.5mph or the absence of pedals capable of propelling the bike.

Do I need CCTV footage to make a claim?

No, but footage can be extremely useful. Witness evidence, photographs, police records, medical evidence and a detailed account of the collision may also support a claim.

What if I only have a partial description of the rider?

You should still report the collision and provide everything you remember. Details such as clothing, the vehicle’s colour, distinctive modifications, delivery markings and direction of travel may help identify the rider or support an untraced claim.

Will I need to pay legal fees upfront?

We may be able to act under a no-win, no-fee agreement. The precise terms, including any potential deductions or insurance arrangements, will be explained before the claim begins.

Get in Touch

If you would like to know more about how our tailored legal services can best suit your needs, please do not hesitate to get in touch.

Although we are based in Greater Manchester, we provide high-quality legal assistance to those who need it around the UK.

Call us today on 0161 928 3848, or fill in the contact form below.

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