Personal mobility devices, e-scooters, e-bikes and their relatives, are now the fastest-growing source of transport injuries in Queensland's emergency departments. The insurance framework has not kept pace. The Department of Transport and Main Roads has told Parliament plainly that compliant e-mobility devices are not registered and that CTP insurance is not available for them. Whether an injured person can claim therefore depends on who else was involved.

Key points

  • A compliant e-scooter or e-bike needs no registration and has no CTP; its rider is not insured for injuring others, and is not covered for their own injuries when at fault.
  • A rider hit by a car, bus or truck claims against that vehicle's CTP insurer like any other road user.
  • A pedestrian hit by an e-scooter rider has no CTP claim; the options are the rider's home contents liability cover, a hire scheme's third-party insurance, or a claim against the rider personally.

Rider hit by a motor vehicle

This is the straightforward case. The Motor Accident Insurance Act covers injury caused by the driving of a motor vehicle, and an e-scooter rider struck by a car is in the same position as a cyclist or pedestrian: a claim against the at-fault vehicle's CTP insurer, notice within nine months or one month after seeing a lawyer, and the ordinary heads of damage. If the rider was breaking a road rule, riding on a road where not permitted, without a helmet, over the speed limit for the device, the insurer will argue contributory negligence, which reduces rather than bars the claim.

Pedestrian hit by an e-scooter

Here the gap opens. There is no CTP policy to claim against and no Nominal Defendant cover, because the Nominal Defendant stands in only for vehicles that should have been insured. The injured pedestrian's claim is a negligence claim against the rider under the Personal Injuries Proceedings Act, with the same nine-month notice period. Whether it is worth bringing depends on whether anything stands behind the rider: many home and contents policies include personal liability cover that responds to injury caused by the policyholder away from home, and the major hire-scooter operators carry third-party liability insurance that may respond to injuries caused by their riders. Identifying the rider, and the insurance, is the first task, which makes a police report and witness details essential on the day.

Rider injured in a single-vehicle fall

A rider who falls without any other party involved has no CTP claim and no negligence claim, unless a defect in the road or path caused the fall (a public liability claim against the council or occupier) or a defect in the device did (a claim against the manufacturer or hire operator). Otherwise the rider's own cover applies: income protection or TPD through super, private accident insurance, and, where the ride was to or from work, a WorkCover journey claim, which the Department notes is one of the few forms of cover that does apply.

Hire scooters

Hire operators' terms typically include some third-party liability insurance and sometimes limited rider cover. Read the terms in the app before assuming either; keep the ride record, and report the incident through the app as well as to the police.

Frequently asked questions

Is an e-scooter covered by CTP insurance in Queensland? No. Compliant personal mobility devices are not registered and have no CTP. The rider is uninsured for injuring others unless another policy responds.

I was hit by a car while riding an e-scooter. Can I claim? Yes, against the car's CTP insurer, with the usual CTP notice deadlines. Riding contrary to the rules may reduce the claim but does not end it.

Can I claim WorkCover for an e-scooter injury on the way to work? Yes, as a journey claim, provided you were travelling directly between home and work.

Sources

  • Department of Transport and Main Roads, submission to the Queensland Parliament inquiry into e-mobility safety and use (registration not required; CTP not available for compliant e-mobility devices; WorkCover journey cover) — documents.parliament.qld.gov.au
  • Motor Accident Insurance Act 1994 (Qld), ss 5, 31, 37 — legislation.qld.gov.au
  • Personal Injuries Proceedings Act 2002 (Qld), s 9 — legislation.qld.gov.au
  • Workers' Compensation and Rehabilitation Act 2003 (Qld), s 35 (journey claims) — legislation.qld.gov.au
  • Queensland Government, Personal mobility devices: rules — qld.gov.au