E-scooters, the law in Ireland and claims for compensation/E-scooter accidents

E-scooters, the law in Ireland and claims for compensation/E-scooter accidents

7^th February, 2023

E-scooters are an increasingly common sight in Ireland especially in our towns and cities. However, the legality of e-scooters is not straightforward and we have attempted to set out below the current and likely future legal position regarding their use.

E-scooters can be dangerous. Two people died and more than 42 more suffered serious injuries in collisions with e-scooters between 2020-2022. In the same period, Gardai recorded 1373 traffic incidents involving them, including 440 collisions.

What are e-scooters?

Normally, they are fold up two wheeled vehicles with a handle bar for steering and a battery to power the vehicle.

Are e scooters legal in Ireland?

In a public place, no. Under the Road Traffic Act 1961, e-scooters are classified as mechanically propelled vehicles which means that if they are used in a public place, the user needs insurance, registration and road tax. Unfortunately, there is no legislative provision for any of these which means that it is illegal to use them in public places. They can be used on private land if the landowner permits it.

Are there any plans to make e-scooters legal in Ireland?

Yes. The Road Traffic and Roads Bill is currently making its way through the Dail. Under the proposed legislation, e-scooters and electric bikes will be exempt from registration, road tax and insurance if they are not able to travel at speeds above 25km/h. The legislation is also likely to provide for the wearing of safety helmets and a minimum age to use the scooter.

Can I use an e-scooter on a bicycle lane?

No. At this time it is unlawful to use an e-scooter in a public place. This means that it is illegal to use one on a road, pedestrian area, cycle lane or pavement – indeed in any public place.

Can my e-scooter be seized by the Gardai?

Yes, if used in a public place. Section 41 of the Road Traffic Act, 2020 allows the Gardai to seize vehicles, including e-scooters, if there are breaches of regulations around licences, insurance, tax and age.

I was hurt in an accident with an e-scooter. The owner of the e-scooter had no insurance. Can I bring a claim for compensation against the Motor Insurance Bureau of Ireland (MIBI), the insurance body set up to compensate victims of uninsured drivers?

No, not at this time. E-scooters and e-bikes are not covered by the MIBI as they are not considered by them to be “mechanically controlled vehicles” and therefore fall outside the scheme. Note that this is not the position in Northern Ireland where victims of negligent e-scooter riders are covered by an equivalent scheme and can recover compensation against the Motor Insurers Bureau.  

What should I do if I am hit by an e-scooter?

• Stop and remain calm.
• Take the name, address and contact details of the driver of the e-scooter. If they have official means of identification such as a driving licence, take a photo of it.
• If you have a camera, take photos of the e-scooter, the area where the accident took place and any other photos that may help.
• If there are any witnesses, take their contact details.
• If you have been hurt, seek medical attention.
• Call the Gardai.
• If the Gardai are not available, report your accident at the earliest opportunity to them and remember to take the name of the officer to whom you reported the matter to and the reference number given to your accident.
• See your solicitor.

The only complicating factor in an accident in a public place involving an e-scooter is the lack of insurance. This means that you will have to recover any damages directly from the personal assets of the person who caused the accident.

What compensation will I receive?

This will depend on the nature of your injuries and your financial loss. It will include:

• Compensation for your injuries. The amount depends on how serious your injuries were and how long it takes you to recover from them.
• All your medical expenses, now and into the future.
• Any loss of earnings, now and into the future.
• The costs of any adaptions to your home or car because of your injuries.
• Any care costs that have been or will be incurred because of your injuries.
• Any other expenses.

How long do I have to make a claim?

Normally you have two years from the date of your injury. However:

• If your child sustains injury, a claim can be made any time before the child reaches the age of 18. Once your child reaches the age of 18, they have a further two years to make a claim themselves until they reach the age of 20.
• If the person who sustains the injury does not have mental capacity then there are no time limits.

Why Kearney Law?

We at Kearney Law are ready to assist you and have the knowledge and expertise you need to make a successful claim for compensation. We have an expert team ready to deal with injuries sustained in  accidents involving e-scooters.  We will advise you on the options available to you swiftly and professionally. We only do personal injury law and are experts at it.

For further assistance please ring us at 01 4853560 or email us on [email protected] or fill in our contact form

The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between Kearney Law and you and Kearney Law refer you to the Disclaimer on its website.

In contentious business, a solicitor may not charge or calculate fees or other charges as a percentage or proportion of any award or settlement.