Electric scooters (e-scooters) have become a common sight across Florida’s cities, providing a convenient and cost-effective transportation alternative. However, with increased ridership comes a rise in accidents, raising questions about insurance coverage for injured riders. Many Floridians wonder whether Personal Injury Protection (PIP) insurance applies in the event of an e-scooter accident.
In most cases, PIP does not automatically cover e-scooter riders, as Florida law does not classify these devices as motor vehicles. However, there are exceptions, especially if a car is involved in the accident. Additionally, Florida follows a modified comparative negligence system, which means an injured e-scooter rider’s ability to recover damages depends on their level of fault. Below, we explore how PIP applies to e-scooter crashes, alternative coverage options, and what injured riders should do to protect their rights.
How Does Florida’s PIP Insurance Work?
Florida operates under a no-fault auto insurance system, meaning that drivers involved in accidents must turn to their own PIP insurance to cover medical expenses and lost wages—regardless of who caused the crash. The state requires all vehicle owners with at least four wheels to carry:
- $10,000 in PIP coverage (covers medical bills and lost wages).
- $10,000 in Property Damage Liability (PDL) (covers damage to another person’s property).
However, because e-scooters are not considered motor vehicles under Florida law, PIP coverage does not automatically apply to riders. Whether a rider is covered depends on the circumstances of the accident.
Does PIP Cover E-Scooter Riders?
If a Car Hits an E-Scooter Rider
If an e-scooter rider is hit by a motor vehicle, PIP coverage may apply under certain conditions:
- If the injured rider owns a car and carries PIP insurance, their own PIP policy may cover them—just as it would if they were a pedestrian or bicyclist.
- If the rider does not have PIP insurance, they may be able to file a claim against the driver’s PIP policy, provided the driver was insured at the time of the accident.
However, PIP only covers up to $10,000 in medical bills and lost wages, which may not be enough for serious injuries. In such cases, an injured rider may need to file a personal injury lawsuit against the at-fault driver.
If No Car Is Involved
If an e-scooter rider crashes due to hazardous road conditions, mechanical failure, or rider error, PIP does not apply because no insured motor vehicle is involved. In these cases, injured riders must rely on alternative coverage options.
Alternative Coverage Options for Injured E-Scooter Riders
Because PIP insurance often does not cover e-scooter accidents, riders should explore other sources of compensation, including:
Health Insurance
If an injured rider has private health insurance, Medicaid, or Medicare, these policies can cover medical expenses after an e-scooter crash. However, out-of-pocket costs, such as deductibles and copays, may apply.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
If a negligent driver without insurance strikes an e-scooter rider, UM/UIM coverage from the rider’s auto insurance policy may help cover medical bills. This type of coverage is optional in Florida but can be valuable.
E-Scooter Rental Insurance
Some e-scooter rental companies, such as Bird or Lime, offer insurance coverage for riders, but policies vary. Riders should check whether coverage is included and what it specifically protects.
Homeowners or Renters Insurance
In some cases, a homeowners or renters insurance policy may provide liability coverage if a rider injures someone else while using an e-scooter. However, these policies typically do not cover the rider’s own injuries.
Florida’s Modified Comparative Negligence Rule
Florida follows a modified comparative negligence system, which significantly impacts e-scooter accident claims. Under this rule:
- An injured rider can recover damages only if they are less than 51% at fault for the accident.
- If the rider is partially at fault, their compensation is reduced by their percentage of fault.
- If they are 51% or more responsible, they are barred from recovering any compensation.
For example, if an e-scooter rider is hit by a car while illegally riding on a sidewalk, a court may find them 30% at fault and reduce their compensation accordingly. However, if a rider runs a red light and collides with a vehicle, they may be considered more than 51% responsible and lose their right to compensation entirely.
What to Do After an E-Scooter Accident in Florida
If you are involved in an e-scooter accident, taking the right steps can protect your legal rights:
- Seek Medical Attention – Even minor injuries can worsen over time. Prompt medical treatment also provides documentation for any potential claims.
- Report the Accident – If a motor vehicle was involved, contact law enforcement and obtain a copy of the police report.
- Gather Evidence – Take photos of the accident scene, injuries, and any relevant road conditions.
- Collect Witness Statements – If anyone saw the accident, get their contact information and written statements.
- Review Insurance Policies – Check your auto, health, or renters insurance to determine potential coverage.
- Consult a Personal Injury Attorney – Florida’s e-scooter laws and insurance rules are complex. An attorney will assess your case and help you pursue compensation.
Liability in E-Scooter Accidents
Figuring out who is responsible for an e-scooter accident depends on the circumstances. Possible at-fault parties include:
- Negligent drivers – If a motorist fails to yield, speeds, or drives distracted, they may be liable for injuries.
- E-Scooter Rental Companies – If a rental e-scooter malfunctions due to improper maintenance, the company could be responsible.
- Local Governments – If poor road conditions contribute to an accident, the city or county may be liable.
Florida’s modified comparative negligence rule means that even if another party is partly at fault, an injured rider must prove they were less than 51% responsible to recover compensation.
Conclusion
In Florida, PIP insurance generally does not cover e-scooter accidents unless a car is involved. Riders without PIP must rely on health insurance, UM/UIM coverage, rental company policies, or liability claims against at-fault parties. Additionally, because Florida follows a modified comparative negligence system, riders who are 51% or more responsible for an accident cannot recover compensation. This makes understanding insurance options and liability laws essential for injured e-scooter riders. If you’ve been injured in an e-scooter accident, consulting a personal injury attorney will help you explore legal options and maximize potential compensation.
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