Are e-scooters covered by public liability insurance?

PUBLISHED 10 Jan 2020

All registered motor vehicles in Queensland have compulsory third-party insurance (CTP), to ensure that anyone involved in an collision with that vehicle will be fully compensated for any expenses stemming from injuries sustained as a result of the accident. However, that leaves a question unanswered: Are individuals who use other forms of transport also protected by CTP insurance?

For instance, the recent proliferation of “e-scooters”, which are often rented and paid for using digital applications, has raised questions along these lines. In fact, according to a number of recent reports, legal experts are suggesting that individuals riding e-scooters are not currently protected by insurance.

If I’m injured on an e-scooter, will I be covered by CTP insurance?

The Brisbane Times recently reported that new legal analysis suggested that CTP insurance does not cover individuals travelling via e-scooters. One of the experts quoted in the article noted that because the Queensland Transport act classifies e-scooters as “personal mobility devices,” this classification has allowed manufacturers to “dodge” CTP insurance requirements.

“The problem comes where a rider has an accident which they are responsible for, so if they hit a pedestrian or hit property like a car,” Travis Schultz, a personal injury lawyer, explained to the news outlet. “In those circumstances the rider is not an agent of [the e-scooter company] and to my knowledge there is no contractual indemnity to them.”

A separate report, from Insurance Business Magazine Australia, noted that “some states like Queensland and New South Wales are very restrictive,” further emphasising that current laws and guidelines in Queensland don’t favour e-scooter riders.

As a result of those circumstances, the riders of e-scooters may find themselves paying for any damage they cause while using such vehicles. And while there may someday be new laws or guidelines that include e-scooter collisions within the scope of CTP insurance, this certainly isn’t the case in the short term.

I was involved in a collision, and hope to make a claim for compensation. Who can I contact?

If you were involved in a motor vehicle accident—whether you were in another car, walking down the road, riding your bicycle, or perhaps even on a scooter—then you may be eligible to file an accident compensation claim.

Contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers as soon as possible for more information on how our motor vehicle accident lawyers may be able to help you receive the payouts you deserve.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.