Navigating the insurance maze of e-scooters and e-bikes amid rising accidents

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As e-scooters and e-bikes become increasingly popular modes of transport, the number of accidents involving these vehicles is also on the rise. What many riders and pedestrians aren’t usually aware of until they are involved in an accident is that they are most likely uninsured and the fight for compensation will be a tough one on your own, writes Attwood Marshall Lawyers Compensation Law Senior Associate Henry Garrett.

The growing e-scooter safety crisis

Our footpaths have become the new motorway since e-bikes and e-scooters have hit our streets. This has brought a range of different dangers and serious accidents to the forefront as the community adjusts to the new hazard when taking their morning stroll or commuting to work.

A growing number of people now opt for an electric scooter or electric bike to get them to and from work, given their convenience and eco-friendly status, and there is a huge presence of “Lime” shared vehicles strewn throughout the neighbourhood, waiting for their next prospective ride.

According to Queensland’s Injury Surveillance Unit, which sources data from 30 emergency departments across the state, there has been a 100 per cent increase of e-scooter related presentations to the emergency department between 2021 and 2024, with nearly 80 per cent involving riders not wearing a helmet or speeding. Young riders (aged 15–24) represent a large portion of those injured.

Common injuries include head trauma, serious orthopaedic injuries and internal bleeding.

A Queensland Police spokesman told the Courier Mail that as of June 2025, four people had already lost their lives on Queensland roads this year in incidents involving personal mobility devices.

In September, a 17-year-old was fatally injured after the e-bike he was a pillion passenger on collided with a car on Tallebudgera Creek Road on the Gold Coast. The e-bike rider – also 17 years old – was taken to the hospital with leg and facial injuries, while the car driver – a 65-year-old man – was treated for shock and emotional distress.

In the face of such a tragedy, it often identifies that there are gaps in our insurance scheme that does not allow all injured claimants a clear passage for adequate compensation. These vehicles are new to our streets, particularly in such high numbers, so the system is still playing catch up.

Key details for your e-scooter compensation claim

Claims arising from e-scooter or e-bike accidents are generally more complex than ordinary road accidents. This is due to the absence of any relevant insurance policy held over these vehicles, unlike our usual CTP scheme for registered motor vehicles.

For example, if a person operating an e-bike or e-scooter is found to be at-fault for an accident, they are often found personally liable for any losses suffered because of the collision. This burden extends to legal guardians for minors, who are often lumped with hefty medical bills or repairs to vehicles or property. For adults, they are capable of being pursued directly by an aggrieved party, or an insurance company.

The need for improved insurance options

The relevant legislation, rules and regulations governing compensation differ widely across the states and territories of Australia.

The Australian Lawyers Association (ALA) has called for a detailed review of the insurance and regulation options for e-mobility devices. The association has put forward several proposals to the government, including mandatory third-party insurance for both commercial hire companies and private owners and other policy changes to ensure that anyone injured by or while riding e-vehicles is adequately compensated.

The Queensland government has launched a Parliamentary Inquiry into e-scooter and e-bike safety and the increase in crashes, injuries and fatalities from incidents involving these vehicles.

In our submission to the inquiry, we called for a restricted registration and an insurance scheme for e-bikes and e-scooters, similar to what is already in place for mobility scooters, where there is an insurance company who indemnifies the ‘at fault’ rider in the aftermath of a collision.

We want to see mandatory registration for vehicles to establish third-party insurance coverage, and more enforcement action taken against wrongdoing such as speeding or riding while intoxicated to increase rider accountability. Too many owners of vehicles that exceed 200-watt power limits are also getting away with classifying them as e-bikes when they should be registered as motorbikes. In addition, there must be better and earlier education on road safety within schools.

If e-scooters and e-bikes are to become a permanent mode of public transport, regulation of and access to insurance products must continue to progress to meet the demand for these vehicles.

They are also a fun and convenient mode of transport, but most people can’t afford to pay a personal injury claim (and the legal costs involved) out of their pocket if an unfortunate event does occur.

Attwood Marshall Lawyers – helping people receive the treatment they need and compensation they deserve after being injured in an accident

We’ve helped countless Queenslanders recover compensation after accidents that weren’t their fault. When it comes to an e-scooter accident and e-bike accident claim, we know the law, the loopholes, and how to fight for your rights.

Making a compensation claim and dealing with insurance providers can be daunting for many people. Our personal injury lawyers are here to advocate for you and fight to get you the best result so you can focus on what matters most, your health and your recovery.

To get your claim underway or to discuss your unique matter confidentially and our no win no fee service offering, please contact our Compensation Law Department by phoning 1800 621 071. You can also book an appointment with one of our compensation lawyers by using our instant online booking app.

Our experienced team is available at our conveniently located offices at Robina Town Centre, Coolangatta, Southport, Kingscliff, Brisbane, Sydney or Melbourne.

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Henry Garrett - Associate - Compensation Law

Henry Garrett

Senior Associate
Compensation Law
As a Senior Associate in our Compensation Law Department, Henry prides himself on his advocacy and delivering excellent results for his clients. He is no push-over when it comes to getting his hands dirty and through his years of experience, can explain complex legal issues in simple terms. Henry takes pleasure in helping clients through the complexities of litigation, while making a genuine difference in their lives through access to medical treatment and financial support. Henry specialises in motor vehicle accident claims, public liability, and work injury claims in Queensland, New South Wales and Victoria.

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Disclaimer
The contents of this article are considered accurate as at the date of publication. The information contained in this article does not constitute legal advice and is of a general nature only. Readers should seek legal advice about their specific circumstances. 

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