Electric Scooters (e-scooters)

Electric scooters (e-scooters) have become widely available across Queensland, including right here in Townsville, and many seem to enjoy the convenience of them. However, there still appears to be some confusion as to the risks and rules surrounding the use of e-scooters.

Claims for injuries occurring from e-scooter accidents in Queensland are generally far more complicated than ordinary motor vehicle accidents, as an e-scooter rider is unlikely to have any insurance to cover any loss or injuries suffered.

E-scooter companies, such as Neuron and Beam are required to have a public liability insurance, however most e-scooter companies state that they exclude liability for injury except where it is caused by their negligence (e.g a mechanical fault with the e-scooter). Each of the e-scooter companies’ terms and conditions warn that breaching the Terms of Use, such as riding under the influence of drugs and/or alcohol or an unauthorised minor using the e-scooter, can void any insurance entitlements. Therefore, if a rider crashes due to their own misuse or recklessness, they are personally responsible for any injuries or harm caused to themselves or any third-party.

Depending on the circumstances, an injured third-party could make a compensation claim against the e-scooter company/manufacturer, the relevant local council/property owner that the e-scooter was being used on, or the rider personally. A claim could also be made against the rider’s third-party or public liability insurance if an insurance policy covers that incident. Registered vehicles such as cars, motorbikes and mopeds, are subject to compulsory third-party insurance in Queensland, however e-scooters are not necessarily or automatically included in that cover, as there is no mandatory injury insurance scheme for e-scooters.