Handling Accidents Involving Electric Scooters: What Are the Responsibilities for Users and Insurance?

With the rise of electric scooters in our cities, the question of responsibility in the event of an accident and insurance coverage becomes increasingly relevant. Whether you are an electric scooter user or a victim, it is essential to understand your rights, obligations, and available protections. This article provides an overview of the legal framework and insurance options in such cases.

1. The Legal Framework for Electric Scooters

Electric scooters, as a form of light transport, are subject to specific rules. Since 2019, the Highway Code has classified these devices under the category of “motorized personal transport devices.” They are allowed to circulate on bike lanes and, in their absence, on roads where the speed limit is 50 km/h.

The use of electric scooters is subject to certain rules:

Prohibition to circulate on sidewalks (except in explicitly authorized areas);
Speed limit of 25 km/h;
Obligation for the user to be insured, particularly for civil liability.

The consequences of not complying with these rules can be significant, especially in the case of an accident. If an offense is committed, it may lead to shared or excluded liability, or even a reduction in compensation.

2. Responsibility in the Event of an Accident: Who Is Responsible?

The question of responsibility in the event of an accident depends on several factors: the circumstances of the accident, compliance with traffic rules, and the presence or absence of other vehicles.

If the scooter driver is at fault: In the event of an accident caused by the scooter driver, the latter will generally be held liable under civil liability. This means that the driver’s liability insurance will have to cover the damages caused to third parties (material or bodily).
Accident involving another party (pedestrian, car, cyclist): Responsibility may be shared, particularly if the other party has not complied with traffic rules. For example, a motorist who hits a scooter at a pedestrian crossing will be responsible for the damages caused.
Specific case of pedestrians: If a scooter user injures a pedestrian, they will generally be responsible for compensation. However, if the pedestrian is at fault (reckless crossing, for instance), this responsibility may be mitigated.

3. What Insurance Coverage Is Available?

The issue of insurance is crucial in the event of an accident involving an electric scooter. Under Belgian law, civil liability is mandatory for motorized vehicles, including electric scooters. However, many users are not always aware of the need to be insured.

Civil liability insurance (RC): This coverage is essential. It compensates third parties in the event of bodily or material damage caused by the scooter driver. If the user does not have specific civil liability insurance for their scooter, they may face financial difficulties in the event of an accident.
Family insurance (or private liability insurance): This insurance can cover damages caused by the user of an electric scooter, provided that the latter is not used for professional purposes. It is therefore recommended to check whether your family insurance policy covers this type of claim.
Compensation in the event of personal injury: The scooter user may take out personal accident insurance to protect themselves in case of injury. In the event of bodily harm, this insurance will provide compensation, regardless of the responsibility for the accident.

4. Areas of Uncertainty and Uncovered Risks

Despite legislative developments, there are still areas of uncertainty regarding the coverage of electric scooters. For example, not all insurance policies cover damages caused by electric devices with speeds under 25 km/h, and it can sometimes be difficult for victims to obtain full compensation, especially if the scooter driver is uninsured.

Advice: As a scooter user, it is recommended to take out appropriate insurance, or even an extension of your home or family insurance, to protect yourself against potential risks.

5. Legal Correspondence and Notices: Covered by Professional Secrecy

If you are involved in a dispute following an accident, it is important to know that the exchanges between you and your lawyer are covered by professional secrecy. This includes correspondence sent to opposing parties or insurance companies. Therefore, the content of these exchanges cannot be disclosed without violating this fundamental principle, except with the agreement of all parties.

6. What to Do in the Event of an Accident Involving a Scooter?

If you are a victim or responsible for an accident involving an electric scooter:

Take the contact details of the other parties involved.
Establish an amicable accident report, as with a traditional accident (if possible).
Report the accident to your insurance as quickly as possible.
Consult a specialized lawyer for advice on how to protect your rights and seek compensation.

Conclusion

The use of electric scooters is rapidly increasing, as are the accidents related to them. It is therefore essential that users understand their responsibilities and are properly insured. Whether you are a driver or a victim, it is crucial to know your rights in terms of traffic regulations and insurance to avoid complicated situations in the event of an accident.

For any questions or legal assistance on this topic, feel free to contact me. I am available to help you better understand your rights and obligations and to assist you in all your procedures.