E-bike and e-scooter crash victims face legal nightmare over compensation claims

Legal experts warn Aussies are being left without recourse as gaps in legislation create a new legal nightmare for e-bike and e-scooter accidents.

Exclusive: Lawyers are refusing to take on e-bike and e-scooter crash compensation cases because they are impossible to win, it can be revealed.

Opaque laws, which have no requirement for licensing or insurance, have made identification in many crashes difficult – and often no person at fault to pursue.

“Unless the rider is covered by employer’s insurance or a specific third-party policy, recovery usually requires suing the rider personally, which is rarely commercially viable,” LHD Lawyers managing director John Abouchrouche said.

“The lack of registration or identifying details adds a further barrier to pursuing such claims.”

LHD Lawyers managing director John Abouchrouche.

Senior Associate at Shine Lawyers, Natalee Davis, said victims should have a legislated pathway to make a claim.

“At present, there are no new laws specifically related to injurious events and compensation for accidents involving e-scooter or e-bikes,” she said.

“As a result, we must apply a matrix of existing legislative provisions to the circumstances of any injury to determine entitlement. This means there is no clear answer on whether a right to compensation exists.”

Ms Davis said the biggest issue is when an e-bike or e-scooter rider causes the crash.

“These e-vehicles are unregistered and incapable of registration. They are also uninsured for third party accidents,” she said.

“This creates problems for pedestrians or injured road users if the accident was caused due to the fault of a person operating an e-bike or e-scooter.

“Unless the rider has personal insurance or significant assets, the victim may be left without meaningful recourse.

“Most home and contents or personal liability policies also exclude accidents on public roads … many riders and victims assume there’s coverage when there is not.”