I was hit by an e-scooter…

I was riding home last week when a young lad on an e-scooter shot out into my path from the pavement.  I took evasive action to avoid the kid, but in doing so dropped my bike and ended up doing a fair bit of damage to my leg.  The police attended and spoke to some witnesses, but it doesn’t look like they are going to be able to trace the boy, who sped away without even looking back.  Am I out of luck?

Calvin, Bradford

Answer

E-scooters are only legal to ride in public within government-approved rental trial areas.  Privately owned e-scooters can only be used legally on private land – it is illegal to use them on any public roads, pavements, cycle tracks, or public spaces (though a recent YouGov poll suggests 55% of adults in the UK were unaware of this).

Bradford does not have a government trial zone, and so this would have had to be a private e-scooter being ridden illegally.  As e-scooters are classed as motor vehicles, they require a driving licence and insurance to be operated – though no such insurance is commercially available, as they aren’t legal for road use.

On that basis, while the boy remains untraced, you potentially have a claim against the Motor Insurers’ Bureau under their untraced drivers’ agreement.  If the boy is later found, your claim would still be against MIB but under the uninsured drivers’ agreement.

MIB claims can be difficult and in my experience are often rejected wrongly. On that basis, I suggest you find a specialist motorcycle accident solicitor.