Gardai have recorded over 1,500 “traffic incidents” involving e-scooters alone in the last 3 years with regretfully several fatalities. In 2024 alone collisions involving e-scooters increased by over 40% from the previous year.
The pressure to regulate their use has resulted in the passing into law of the ROAD TRAFFIC (ELECTRIC SCOOTERS) REGULATIONS 2024. Traditionally such devices were used as aids for elderly people and people with disabilities, but their more widespread use has met with growing public concerns over their safety and the often lack of Insurance cover to compensate people injured by their negligent use.
There is now serious public concern that injuries and loss caused by e-bikes and e-scooters that cannot travel at a speed of more than 25 km/h will leave the public bereft of compensation as the Insurer of last resort, the Motor Insurers Bureau of Ireland (MIBI) is refusing to cover compensation claims arising from collisions with them. The MIBI agreement provides a scheme of compensation for injuries and losses caused by uninsured or unidentified mechanically propelled vehicles.
Commenting on more examples of personal injury victims being penalised Liam Moloney, President of the Pan European Personal Injury Lawyers Organisation said today “an electric Bike or an electric scooter is a vehicle that has a small motor attached to its frame which powers the motor vehicle. They are exempted from registration, tax or insurance if they are not able to travel at speeds above 25km/h. E-bikes that conform to EU regulations that do not allow for pedal-assisted cycling above 25km/h will be treated the same as normal pedal cycles.
He added “It is unjust that the Motor Insurers Bureau of Ireland will not cover claims for personal injuries and loss caused by the use of those mobile devices that have a maximum rated power of less than or equal to 0.25 kilowatts. The reasons put forward by the MIBI is that they are not mechanically propelled vehicles so the scheme will not compensate people injured by their negligent use. This is completely unacceptable as a medical study by the Irish Medical Organisation has shown that serious injuries can be caused if a pedestrian is struck by one travelling at a speed of less than 25 km/h.”
He added “while the new Regulations bring clarity to the Law on E-bikes and E-scooters by updating the definition of pedal bicycles and pedal tricycles to include those equipped with auxiliary electric motors the Government should immediately amend the MIBI agreement to ensure people injured by their negligent use are fully compensated”.
Mr Moloney added “our concern is that there is usually no insurance cover in place for these mobile devices and trying to recover fair compensation against the user can be nigh impossible. Many of them can go faster unassisted meaning the rider can travel at a higher speed after reaching 250w continuous power and in fact many E-bikes and E-scooters can reach 40mp/h (65km/h).
