Electric scooters, also known as e-scooters, have exploded in popularity across Massachusetts cities in recent years. Whether used for a quick commute or leisurely ride, these two-wheeled vehicles offer a convenient, eco-friendly alternative to cars. However, with rising usage comes a sharp increase in accidents and legal questions—particularly regarding insurance coverage. One of the most common questions Massachusetts residents ask after an e-scooter accident is whether Personal Injury Protection (PIP) insurance applies.

Understanding how PIP works in Massachusetts and whether it extends to e-scooter injuries requires examining both insurance law and how e-scooters are classified under state statutes.

What Is PIP Insurance in Massachusetts?

Massachusetts is a no-fault state for auto insurance. This means that drivers must carry Personal Injury Protection (PIP) as part of their auto insurance policy. PIP provides coverage for:

• Medical expenses (up to $8,000)
• Lost wages (up to 75% of lost income)
• Replacement services (such as household help if injuries prevent you from completing normal tasks)

This coverage kicks in regardless of who caused the accident. However, the coverage is tied directly to motor vehicle accidents as defined under Massachusetts law.

Are E-Scooters Considered Motor Vehicles?

This is where things become less clear. Under Massachusetts law, a "motor vehicle" typically refers to cars, trucks, and motorcycles—vehicles that are registered with the Massachusetts Registry of Motor Vehicles and operated on public roads. E-scooters, especially shared scooters offered by companies like Lime or Bird, often fall into a gray area.

As of 2022, Massachusetts passed legislation that classifies e-scooters as "low-speed motorized scooters." These must follow similar rules as bicycles, including riding on the road and obeying traffic laws. However, they are not required to be registered with the RMV, nor do operators need a driver's license or insurance.

Due to this classification, e-scooters are generally not considered motor vehicles for insurance purposes. This distinction has major implications for PIP coverage.

When Does PIP Cover an E-Scooter Accident?

In most cases, PIP does not cover the injuries of someone riding an e-scooter who is involved in an accident. Since e-scooters are not classified as motor vehicles, and they are typically not insured themselves, riders are often left without PIP benefits unless other circumstances apply.

However, there are specific scenarios where PIP coverage may still apply:

1. The E-Scooter Rider Was Hit by a Car

If an e-scooter rider is struck by a car, the driver's auto insurance may provide PIP benefits. In Massachusetts, pedestrians and cyclists struck by a vehicle are generally entitled to receive PIP coverage from the driver's policy. Since e-scooters are considered closer to bicycles than motor vehicles, riders may fall into the same category.

According to the Massachusetts Division of Insurance, PIP benefits must be offered to "pedestrians" hit by a car. Courts have sometimes extended this definition to include non-motorized or lightly motorized users, such as e-scooter riders. In these cases, the injured rider could receive up to $8,000 in benefits for medical bills and lost wages through the driver's insurance.

2. The E-Scooter Rider Has Their Own Auto Insurance

If the e-scooter rider owns a registered car and carries Massachusetts auto insurance with PIP, their own policy might offer limited coverage—even though they were not driving at the time. This depends on how the insurer interprets the incident, and whether the rider qualifies as a pedestrian in that situation. However, this is not guaranteed and varies case by case.

3. The Rider Was a Passenger in a Vehicle That Offers PIP

In rare cases where someone is using an e-scooter that is covered by a commercial or private auto policy (such as a scooter owned and insured by a delivery company), there might be PIP benefits available. Again, this is highly situational and unlikely with most personal or shared scooters.

E-Scooter Riders Face Unique Insurance Gaps

The biggest takeaway for Massachusetts residents is that e-scooter riders are often underinsured or completely uninsured when it comes to accidents. A 2021 report from the Consumer Federation of America found that more than 50% of e-scooter riders involved in crashes faced difficulties getting insurance to cover their injuries.

E-scooter companies typically require users to agree to terms of service that shift liability onto the rider. They also do not provide personal insurance coverage in most cases. This means that unless another party—such as a car driver—is clearly at fault, the rider may need to rely on their own health insurance or pursue a liability claim.

Legal Recourse After an E-Scooter Accident

If you were injured while riding an e-scooter and PIP doesn't apply, you may still have legal options. These include:

• Filing a personal injury claim against a negligent driver or property owner
• Seeking compensation for pain and suffering, lost wages, and future medical costs
• Pursuing a premises liability case if poor infrastructure (such as a pothole or uneven sidewalk) caused your crash

In some cases, cities or municipalities may be held accountable for failing to maintain safe road conditions. You must notify the city within a limited time frame—usually 30 days—if you plan to pursue a claim involving public infrastructure.

Safety First: Preventing E-Scooter Accidents

E-scooter accidents are on the rise in Massachusetts. A 2022 report by the U.S. Consumer Product Safety Commission found a 127% increase in micromobility-related injuries (including e-scooters) between 2017 and 2021. Riders should take preventive steps, including:

• Wearing a helmet
• Using bike lanes when available
• Obeying traffic signals
• Avoiding distractions or impaired riding
• Riding only in permitted areas

Massachusetts continues to adjust its laws to reflect the growing use of e-scooters. Until clearer regulations are in place, riders should be cautious and seek legal guidance if involved in an accident.

Conclusion

In most scenarios, Personal Injury Protection (PIP) insurance does not cover e-scooter accidents in Massachusetts—unless the rider is hit by a motor vehicle. Because e-scooters fall outside the state's legal definition of a motor vehicle, they aren't automatically included in PIP benefits. However, exceptions exist depending on how the accident occurs and whether other insurance policies can be tapped.

If you or a loved one has been injured in an e-scooter accident, it's wise to consult with a Massachusetts personal injury attorney. An experienced legal team can help evaluate your case, determine available coverage, and pursue compensation on your behalf. As laws and technology continue to evolve, staying informed—and insured—is more important than ever.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Massachusetts Personal Injury Claims 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.

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