E-scooters and e-bikes are everywhere in Australian cities — but when accidents happen, most riders and victims have no idea where to turn. The liability rules are more complex than a standard car accident, and the compensation pathways are different. Here’s what you need to know.
A growing problem on our streets
Shared e-scooter schemes now operate across multiple Australian cities, and private e-bike ownership has surged. With that growth has come a sharp increase in accidents — involving riders themselves, pedestrians, cyclists, and other road users.
Despite their prevalence, e-scooter and e-bike accidents occupy a genuinely grey area of compensation law. The applicable rules depend on where the accident happened, who owned the vehicle, how it was being used, and whether a motor vehicle was involved.
Was a motor vehicle involved?
This is the single most important question in determining your compensation pathway.
If a motor vehicle (car, truck, bus, motorcycle) caused or contributed to your accident, you may have a CTP (Compulsory Third Party) insurance claim. See our guide to the CTP claims process in NSW for a full breakdown of how this works.
If no motor vehicle was involved — for example, you were hit by an e-scooter on a shared path, or you fell due to a defective footpath — your claim is more likely to fall under public liability law.
CTP claims involving e-scooters and e-bikes
In NSW, a motor vehicle involved in an accident must be registered and hold CTP insurance. Standard e-scooters and e-bikes are generally not considered motor vehicles under the Motor Accidents Injuries Act 2017, meaning they fall outside the CTP scheme.
However, this does not leave you without options:
- If a car, truck, or motorcycle caused or contributed to your accident, that vehicle’s CTP insurer may be liable for your injuries
- If you were riding an e-bike that legally qualifies as a power-assisted bicycle under NSW law, different rules may apply
- If the e-scooter was a high-powered model classified as a motor vehicle, CTP obligations may be triggered
The classification of the vehicle involved is a critical legal question that determines your entire compensation pathway.
Public liability claims
If your accident did not involve a registered motor vehicle, public liability law is often the relevant framework. This applies where someone else’s negligence caused your injury in a public or private place.
Examples of public liability e-scooter and e-bike claims include:
- A shared e-scooter operator failed to maintain vehicles in a safe condition, causing mechanical failure
- A council failed to maintain a shared path, causing you to crash
- A property owner or business allowed a hazard that caused your accident
- Another e-scooter rider operated their vehicle negligently and injured you
Public liability claims require you to establish that the defendant owed you a duty of care, breached that duty, and that breach caused your injury. Time limits apply — generally three years from the date of the accident.
Shared scheme operators: are they liable?
If you were injured riding a shared e-scooter — from providers like Lime, Neuron, or similar operators — the company’s liability depends on whether they were negligent in maintaining the fleet or in the way they deployed their vehicles.
The terms and conditions you agreed to when using the app will attempt to limit the operator’s liability — but these waivers are not always enforceable, particularly if the negligence was serious or the waiver was not clearly communicated.
If you were injured as a pedestrian or cyclist by a shared e-scooter rider, you may have a claim directly against the rider (though their ability to pay compensation may be limited) or against the operator depending on the circumstances.
Workplace e-scooter and e-bike accidents
What compensation can you claim?
Depending on the pathway that applies, compensation for e-scooter and e-bike accidents can cover:
- Past and future medical expenses
- Lost income during recovery
- Permanent impairment (if your injuries are serious and lasting)
- Pain and suffering damages
- Care and assistance costs
Get advice before the clock runs out
Time limits for different types of claims vary and can be as short as 28 days for initial notification in CTP matters. If you’ve been injured in an e-scooter or e-bike accident — as a rider, pedestrian, or other road user — the most important step you can take is to get legal advice quickly.
Not sure which type of claim applies to you? Start your claim now or contact our compensation lawyers for a free consultation — no win, no fee.
