Injured on an e-bike or e-scooter, can I claim compensation?

E-bikes and e-scooters are becoming a major mode of travel, and with that a major cause of injury. In the last two years, there were more than 500 e-bike riders admitted to NSW EDs. Thankfully, compensation could be available for those injured in accidents involving e-bikes. It will depend on the individual circumstances and cause of the accident.

Generally, if the e-bike accident involves a collision with another motor vehicle, those involved (whether or not at fault) would likely be eligible for statutory compensation, including weekly income benefits and medical expenses (at a minimum). But accidents don’t always involve other vehicles, and so quite often eligibility under the motor accidents scheme is not clear cut. In a recent case which involved an e-bike rider being deliberately pushed by an unidentified male, causing her to collide with a streetlight.

The main question became whether the motor was attached to the e-bike at the time it was built, and more over what the intended operation of the vehicle was at conception. The evidence could not establish same, and so the Personal Injury Commission held the e-bike in this instance was not a motor vehicle for the purposes of the Motor Accidents Injuries Act (NSW), and found in favour of the insurer. The commission elaborated further, that even if it were established that the bike was a motor vehicle, it was not persuaded that the riding/operation of the bike by the claimant was the cause of her accident and injuries. The dominant cause was the push. 

The takeaway points from this case include that in CTP matters involving e-bikes it is crucial to establish the make and model of the bike and prove it was manufactured to be propelled by a motor. And further, that the riding of the bike was a proximate or direct cause of the injuries.

Depending on the scenario, there may be alternate compensation pathways available for e-bike accidents, like:

Public liability claims

Where the e-bike accident is caused on a public property, an injured person could be entitled to bring a claim and recover compensation. There must be a breach of duty of care, i.e negligence on the part of the owner/occupier, which is causally related to the mechanism of the accident and injuries sustained.

Nervous Shock Claims

If you’re a close family member of a person who has been injured or killed in an e-bike accident, and you have suffered mental harm as a result, you could be entitled to compensation. Again, it will depend on the circumstances of the case, and whether fault and negligence on the part of another can be established.

Workers Compensation Claim

If the injury occurred during the course of employment or as a result of employment, then the worker would be entitled to workers compensation benefits (as any other worker), including weekly compensation, medical expenses and lump sum compensation for permanent impairment. The Independent Review Office provides funding for legal fees in these matters, so it’s a no-brainer to obtain legal advice as soon as possible.

Manufacturer’s Liability

If the e-bike involved was faulty/ defective in some way, ultimately causing injury or damage, then those at a loss may have a right to pursue the manufacturer (or supplier). In fact, e-bikes using lithium-ion batteries have a known propensity to catch alight or explode. In 2023, there were 66 reported fires caused by faulty e-bike chargers. So, although fun, convenient, and eco-friendly, e-bikes are not without serious risk.

Unfortunately, e-bike regulations have not been able to keep up with their popularity. What’s frightening is that we’re seeing children on the road because riders are NOT required to hold a licence. Whilst ride share e-bikes have a minimum age requirement of 14 years (with permission from their guardians), what’s more frightening is that there are currently no age restrictions for personal e-bikes.

Here are some tips for those involved in an e-bike incident: 

1. Check yourself and others involved for injuries & call 000 if medical assistance is needed.
2. Record the following details:
3. Details of other parties involved, if any (take a photo of their licence & number plate)
4. Location, date & time
5. Events leading to accident (how did it happen?)
6. Injuries sustained & damage to property (take photos if possible)
7. Witness details – name and contact number
8. Report the injury to police, your employer (if applicable) and consult your GP
9. Start a conversation with one of our experienced lawyers to find out if you could be entitled to compensation/insurance. Kells Compensation Lawyers can help you understand and navigate the complex scheme and ensure you’re receiving the full extent of your entitlements. Time limits apply, so it’s best to get the advice early and protect your rights. First consultation is free and there’s no obligation to pursue a claim.

Have you been injured on an e-bike and would like to know if you are eligible to make a claim? Reach out today to speak with one of our caring and experienced personal injury lawyers. At Kells we provide a free case assessment and if you proceed to make a claim, we provide our compensation legal services on a no win, no fee basis. Contact us today to learn more in how we can help you.