How insurers assess liability in e-scooter collision claims
Injuries from e-scooter collisions in New South Wales are assessed under the Motor Accident Injuries Act 2017 (MAIA), which governs all Compulsory Third Party (CTP) claims. Insurers assess liability based on whether the e-scooter was being used in a way that constitutes a motor vehicle under the law, and whether another party was at fault. The presence of a driver, the use of a public road, and the nature of the collision (such as a pedestrian or cyclist being struck) are key factors. Insurers will review evidence including police reports, witness statements, photos, and medical records to determine if another party breached a duty of care. This assessment applies equally in Greater Sydney and across NSW.
Legal framework for e-scooter accidents under NSW CTP law
The MAIA defines a motor vehicle as any vehicle that is self-propelled and designed for use on roads. E-scooters, including both shared and private models, are not automatically treated as motor vehicles under the Act. However, if an e-scooter is being used on a road or in a way that creates a risk to others, it may be considered a motor vehicle for the purposes of a CTP claim. The insurer will assess whether the e-scooter operator was acting negligently, such as by riding at excessive speed, ignoring traffic signals, or failing to yield, and whether that negligence caused the injury.
Liability is not determined solely by fault. Under the MAIA, a claim may still proceed if the injured person was not at fault, even if the e-scooter operator was not clearly negligent. The focus is on whether the accident occurred in a way that a reasonable person would have foreseen as potentially harmful. Insurers may also consider whether the e-scooter was being used in a designated zone, whether it was registered, and whether it met safety standards.
Evidence that insurers typically review
Insurers rely on objective evidence to assess liability. Key items include:
- A police report, if one was filed
- Photographs or video footage of the scene, the e-scooter, and any damage
- Witness statements, including contact details and a written account
- Medical records showing the nature and timing of injuries
- Details of the e-scooter’s use (e.g., rental app logs, GPS data)
- Any correspondence with the e-scooter provider or insurer
The absence of a police report does not prevent a claim. However, it may make it more difficult to establish the facts, particularly if there is a dispute about who was at fault. Insurers will assess whether the injury occurred in a way that is consistent with the e-scooter being used on a road or footpath in a public area.
Time limits and dispute processes
A claim must be made within 3 years of the accident date, as required by the Limitation Act 1969. This time limit applies to all CTP claims, including those involving e-scooters. If the insurer denies liability, the claimant may request a review under the SIRA dispute resolution process. This does not require a lawyer, but it is advisable to seek independent advice before proceeding.
If the insurer refuses to accept liability and a review is not resolved, the claimant may apply to the NSW Civil and Administrative Tribunal (NCAT) to determine liability. The tribunal will consider all evidence, including medical reports and witness testimony, and may order a review of the insurer’s assessment.
Practical steps for injured claimants
If you were injured in an e-scooter collision, take the following steps:
- Seek medical treatment immediately and keep all records
- Report the incident to the police if possible, even if no charges were laid
- Collect contact details from any witnesses
- Take photos of the scene, the e-scooter, and any visible injuries
- Preserve any app data, messages, or emails related to the e-scooter’s use
- Notify your insurer as soon as possible
These actions help establish the facts and support a claim under the CTP scheme. Delaying notification may affect the insurer’s ability to investigate.
When to seek independent advice
A claim involving an e-scooter may raise complex questions about liability, especially if the e-scooter was not registered, was being used on a footpath, or if the injured person was a pedestrian. The outcome may depend on whether the e-scooter was operating in a way that a reasonable person would have anticipated as potentially dangerous.
For example, if a pedestrian was struck by a private e-scooter riding at high speed on a footpath in a busy area of Sydney, the insurer may argue the operator was negligent. But if the e-scooter was being used on a designated cycle path and the collision occurred due to a sudden manoeuvre by a car, liability may fall on the driver.
The legal principles are the same across NSW, but the facts of each case determine whether liability is accepted or disputed. Because the outcome depends on the specific circumstances, it is wise to seek advice before finalising any claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.