Written by: Rita Furfaro Being hit by a scooter can leave you with serious injuries. And whether you were hit by an electric scooter, a shared rental, or a privately owned manual scooter, you may be entitled to compensation for your injuries, lost income, and ongoing medical costs.
In this April 2026 guide, we walk you through what type of scooter accident claim applies to you, who is liable for your accident, and what compensation you can claim.
Can you claim compensation if you were hit by a scooter?
In most cases, yes. If you were hit by a scooter and injured as a result, you may be entitled to make a compensation claim. Pedestrians, cyclists, and other road users are all eligible to claim.
Whether the scooter was a registered motor vehicle or an unregistered, privately ridden, or rental scooter determines who you claim against and how to make a claim. For example, a pedestrian hit by a Lime scooter rider on a shared path may have a public liability claim against the rider or the operator. A pedestrian hit by a privately owned e-scooter on a road, where the scooter is registered as a motor vehicle, may have a claim through the rider’s Compulsory Third Party (CTP) insurer instead.
Key takeaway
Scooter accident claims can fall under motor vehicle law or public liability law. Which applies depends on the type of scooter involved and where the accident happened.
What type of scooter accident claim can you make?
There are two types of claims that may apply if you are hit by a scooter: a motor vehicle accident claim through CTP insurance, or a public liability claim. Which claim applies depends on how the scooter is classified under the relevant state or territory laws and insurance scheme, including whether it is treated as a registerable motor vehicle, and the circumstances of the accident.
In practice, most e-scooter accidents in Australia fall under public liability, because e-scooters are generally not registered and not covered by CTP insurance.
Scooter classification and insurance
Rental e-scooters, manual push scooters, and standard e-scooters that meet personal mobility device limits—generally up to 25km/h and 250 watts—are generally dealt with under public liability law if an injury occurs under public liability. These scooters are permitted in various forms across Australia. For example, Queensland allows them in certain road and path environments, while New South Wales operates trial-based arrangements in selected local areas, including Forster and Tuncurry. But they are still generally not part of the vehicle registration system.
Privately owned e-scooters, including higher-powered models, sit in a legal grey area. While they are motorised devices, they are generally not part of Australia’s vehicle registration system, and there is no established pathway for registering them for road use in most states and territories. As a result, they are also generally not covered by CTP insurance, even if they are capable of higher speeds.
On private property, registration rules do not apply. However, CTP insurance is only relevant to incidents involving registered vehicles on public roads.
Motor vehicle accident / CTP claims
A Compulsory Third Party (CTP) claim may apply if a registered motor vehicle, such as a car or motorcycle, is involved in the accident and causes injury.
CTP insurance is attached to registered vehicles and covers people who are injured when a motor vehicle driver or rider is at fault, or partly at fault. This means that in e-scooter accidents, CTP is generally only relevant where a car or other registered vehicle is involved, such as a collision between a scooter rider and a motor vehicle.
For example, a car fails to give way at an intersection and hits an e-scooter rider who is lawfully crossing. The rider may be able to bring a CTP claim against the car driver’s insurer for medical expenses, lost income, and pain and suffering.
Public liability claims
If you are injured by an unregistered e-scooter, a shared rental scooter such as Lime or Neuron, or a privately owned manual or low-powered scooter, a public liability claim may apply. This covers injuries caused by another person’s negligence in a public place.
In these cases, your claim may be made against the rider, the rental operator, or in some circumstances the relevant local council or authority if a road hazard contributed to the accident.
For example, a pedestrian knocked over by a rental e-scooter rider on a shared footpath may have a public liability claim against the rider, or against the operator if a mechanical fault with the scooter contributed to the accident.
Does it matter whether the scooter was electric or manual?
Yes. A non-motorised push scooter is unlikely to be registered as a motor vehicle, so a public liability claim would generally apply. A high-powered e-scooter may be classified as a motor vehicle depending on its speed and power output and the road rules in your state or territory, which means CTP insurance may apply instead.
If you are unsure how the scooter involved is classified, a scooter accident lawyer can help you identify the correct claim type.
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E-scooter laws and registration rules across Australia
E-scooter laws differ across Australia, and the rules in your state or territory affect whether a scooter is classified as a motor vehicle and what insurance applies.
| State/Territory | Legal to ride? | Where | Speed limit | Registration required? |
|---|---|---|---|---|
| Queensland | Yes | Roads, bike lanes, shared paths | 25km/h | No |
| New South Wales | Trial only | Selected local government areas | 20km/h | No |
| Victoria | Yes | Roads, bike lanes, shared paths | 20km/h | No |
| South Australia | Yes | Roads, bike lanes, shared paths | 25km/h | No |
| Western Australia | Yes | Paths, bike lanes, some roads | 25km/h | No |
| Northern Territory | Yes | Roads, bike lanes, shared paths | 25km/h | No |
| Tasmania | Yes | Roads, bike lanes, shared paths | 25km/h | No |
Who is liable when a scooter hits you?
If you have been hit by a scooter, the rider may be liable for your injuries if they were negligent. In some cases, depending on the type of scooter and whether it was registered, a claim may also be made against an insurer or a rental operator rather than the rider personally.
Private rider on a registered e-scooter
If the scooter was registered as a motor vehicle, the rider’s CTP insurer is liable for your injuries. The claim is made against the insurer, not the rider personally. CTP insurance is compulsory for all registered vehicles in Australia, so if the scooter was registered, cover will be in place.
Note
Most e-scooters are not registered motor vehicles in Australia, so this situation is uncommon for e-scooter accidents.
Private rider on an unregistered or manual scooter
If the scooter is unregistered or non-motorised, your claim is generally made under public liability law against the person responsible for the accident. For example, if you were hit by a person riding a manual push scooter on a footpath, your claim would usually be made against the rider if they were negligent.
For e-scooters, claims are also typically brought under public liability, depending on the circumstances of the incident.
Rental and shared scooter operators
If you were hit by a rider using a rental or shared scooter, the operator may also be liable alongside the rider. For example, if a mechanical fault with the scooter contributed to the accident, the operator may share responsibility for your injuries because they have a duty to ensure their scooters are safe to ride.
What if you were partly at fault?
You may still be entitled to compensation. If you were found to be partly responsible for the accident, your compensation may be reduced by your share of responsibility. For example, if you were found to be 25 per cent responsible, your compensation would be reduced by that amount, but you would not be prevented from making a claim.
What if the rider was uninsured or fled the scene?
You may still be able to make a claim. For accidents involving a registered motor vehicle where the rider cannot be identified or is uninsured, a claim may be made through the nominal defendant scheme, which exists in each state and territory to cover these situations. For accidents involving an unregistered or manual scooter, a public liability claim may still be pursued against the rider if they can be identified.
What compensation can you claim after a scooter accident?
If you are injured in a scooter accident, you may be entitled to compensation for damages such as medical costs, lost income, and the impact the injury has had on your life. For example, a person who fractures their wrist after being hit by a rental e-scooter may require surgery, several months of rehabilitation, and time off work. Compensation in that situation may cover the cost of treatment as well as the income lost during recovery.
Where your injuries are more serious and affect your ability to return to work, a scooter accident claim can include:
- Medical and rehabilitation costs, including hospital treatment, surgery, physiotherapy, specialist consultations, medication, and any ongoing treatment connected to your injuries
- Lost income during your recovery and, where injuries affect your ability to return to your previous role, your reduced earning capacity going forward
- Pain and suffering compensation for the physical and psychological impact of your injuries, including the effect on your quality of life and daily activities
Future care and ongoing needs, including medical treatment, rehabilitation, and any aids or modifications required as a result of the accident.
What are the most common injuries from a scooter accident?
Fractures and head injuries are the most common injuries sustained in scooter accidents. A study of e-scooter injuries at the Royal Melbourne Hospital found that injuries most commonly affected the upper limb (53 per cent) and head (50 per cent), with fractures accounting for 48 per cent of all injuries recorded.
Common scooter injuries include:
- Head and brain injuries, which can affect memory, concentration, and the ability to work long-term
- Spinal injuries, including nerve damage and paralysis
- Upper limb fractures, which may require surgery and extended rehabilitation
- Soft tissue injuries, including lacerations, abrasions, and ligament damage
- Psychological injuries, including anxiety, depression, and post-traumatic stress disorder (PTSD).
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What to do if you are hit by a scooter
If you are hit by a scooter, the steps you take immediately after the accident can make a significant difference to your claim.
- Call for emergency medical assistance if you are seriously injured, or seek medical attention as soon as possible even if your injuries seem minor. Some injuries, including concussion and soft tissue damage, may not be immediately apparent
- Call the police and report the accident. A police report creates an official record of what happened and can support your claim
- Get the rider’s details, including their name, contact information, and any details about the scooter, including whether it is privately owned or a rental
- Document the scene if you are able to. Photographs of the scooter, the location, any visible injuries, and any hazards that contributed to the accident can all be valuable evidence
- Get the contact details of any witnesses who saw the accident
- Keep records of all medical treatment, expenses, and time off work from the date of the accident onwards.
Key takeaway
If the scooter was a rental, note the operator’s name and any identifying information on the scooter. This will help identify who your claim is made against.
How to make a scooter accident claim
If you have been injured in a scooter accident, seeking legal advice early can make a significant difference to the outcome of your claim. Time limits apply to both motor vehicle accident claims and public liability claims in Australia, and these vary depending on your state or territory and the type of claim involved.
Step-by-step, here’s how the claims process works:
- Identify the type of claim that applies to your situation, whether a motor vehicle accident claim through CTP insurance or a public liability claim against the rider or operator
- Seek legal advice from a scooter accident lawyer as early as possible to ensure the correct claim type is identified and time limits are met
- Gather your evidence, including medical records, the police report, photographs, and witness details
- Lodge your claim with the relevant insurer or respondent with all supporting documentation
- Keep records of all correspondence, medical reports, and expenses throughout the process
Once your claim is lodged, the insurer or respondent will assess liability and the extent of your injuries. Most claims are resolved through negotiation. If liability is disputed or a fair settlement cannot be reached, court proceedings may be required.
