Electric scooters (e-scooters) have surged in popularity across Kentucky, offering a convenient and affordable transportation option. However, as ridership increases, so do accidents, raising concerns about medical costs and insurance coverage. One common question is whether Personal Injury Protection (PIP) insurance—which Kentucky requires for most motor vehicles—applies to e-scooter accidents.
Understanding how PIP interacts with e-scooter accidents in Kentucky is essential for riders, accident victims, and anyone sharing the road with these devices. Below, we explore the scope of PIP coverage, the legal classification of e-scooters, and what options riders have after an accident.
How PIP Insurance Works in Kentucky
Kentucky operates under a no-fault insurance system, meaning that after an auto accident, each driver's own insurance covers medical expenses and lost wages, regardless of who caused the crash. This system relies on Personal Injury Protection (PIP) insurance, which is mandatory for most motor vehicles. PIP typically covers:
- Medical expenses (up to $10,000 or more, depending on policy limits)
- Lost wages (subject to specific caps)
- Essential services (such as household help if injuries prevent daily tasks)
- Death benefits (paid to surviving family members)
Since PIP is tied to vehicle ownership and registration, it applies primarily to motor vehicles as defined by Kentucky law. Whether e-scooter riders can access these benefits depends on how the state classifies these devices.
Are E-Scooters Considered Motor Vehicles Under Kentucky Law?
Kentucky does not classify e-scooters as motor vehicles in the same way as cars, motorcycles, or trucks. According to state regulations, e-scooters are typically categorized as micromobility devices, similar to bicycles. This distinction is significant because:
- PIP insurance is required for motor vehicles but not for e-scooters.
- E-scooters are not subject to traditional vehicle registration and do not require insurance for operation.
- Riders do not automatically receive PIP benefits unless they have an applicable policy in place.
Since e-scooters fall outside the scope of PIP requirements, riders generally do not have automatic access to PIP coverage after an accident—unless another insurance policy extends protection.
When Might PIP Cover an E-Scooter Accident?
While Kentucky’s no-fault law does not mandate PIP for e-scooters, certain situations may allow access to PIP benefits:
1. If the E-Scooter Rider Has Auto Insurance with PIP
Some auto insurance policies extend PIP benefits to policyholders injured as pedestrians or cyclists. If an e-scooter rider has a personal auto insurance policy with PIP, they may be able to file a claim under their own coverage. However, this depends on the specific terms of their policy.
2. If a Motor Vehicle Hits an E-Scooter Rider
If an e-scooter rider is struck by a car, the driver’s PIP insurance may apply. In Kentucky, PIP follows the vehicle, meaning that if a covered car is involved in the accident, its PIP policy may pay for medical expenses of injured non-motorists, including e-scooter riders.
However, this only applies if:
- The car involved is registered in Kentucky and has valid PIP coverage
- The e-scooter rider does not have their own PIP policy to claim under
3. If the Rider Has Health Insurance or Medical Payments (MedPay) Coverage
Since PIP is unlikely to apply in most e-scooter accidents, health insurance or MedPay (if available) may be a primary source of coverage. MedPay is an optional auto insurance feature that covers medical expenses regardless of fault and may extend to injuries sustained while using an e-scooter.
What if Another Party is at Fault?
If PIP is unavailable, injured e-scooter riders may still pursue compensation through other means. Options include:
1. Filing a Liability Claim Against a Negligent Driver
If a car driver causes the accident, the e-scooter rider can file a third-party claim against the driver’s liability insurance. Kentucky law requires drivers to carry:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
Unlike PIP, which pays regardless of fault, liability claims require proving negligence.
2. Filing a Claim Against the E-Scooter Company
If the accident results from an e-scooter malfunction (e.g., faulty brakes or battery failure), the rider may have a claim against the scooter rental company or manufacturer. Some rental agreements limit liability, but gross negligence or a product defect could lead to legal action.
3. Pursuing a Personal Injury Lawsuit
If injuries are severe and exceed available insurance limits, an e-scooter rider may file a personal injury lawsuit against the at-fault party. Kentucky allows accident victims to seek damages for medical expenses, lost wages, and pain and suffering in court, provided they can prove negligence.
How to Protect Yourself as an E-Scooter Rider in Kentucky
Given the limited insurance protections for e-scooter accidents, riders should take precautionary steps to minimize risk:
Check your insurance coverage – If you own a car, ask your insurer whether your PIP, MedPay, or health insurance covers e-scooter injuries.
Wear protective gear – Helmets reduce the risk of head injuries, which are common in e-scooter crashes.
Follow traffic laws – Obey speed limits, yield to pedestrians, and avoid riding on sidewalks where prohibited.
Consider purchasing accident insurance – Some companies offer specialized personal accident policies for riders of micromobility devices.
Conclusion
In Kentucky, PIP coverage generally does not extend to e-scooter accidents since e-scooters are not classified as motor vehicles. However, exceptions exist—such as when a motor vehicle is involved or when an injured rider has their own applicable PIP coverage. Because insurance protection for e-scooter riders is limited, understanding alternative options like liability claims, health insurance, and MedPay is essential.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Kentucky e-scooter accidents can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.