Yes, you can sue if you are injured by an E-Scooter
New E-Scooter legislation went into force in Ireland in May 2024 in the hope of regulating the use of E-Scooters. Under the new legislation, E-Scooters are not classified as Mechanically Propelled Vehicles. This is important as most vehicles such as cars, trucks, mopeds etc are classified as MPV’s. This requires insurance to be held by the driver. The new legislation chose not to classify E-Scooters as MPV’s but instead Personal Powered Transporters.
This leaves questions in the law, as decades of legislation and rules around MPV’s didn’t automatically cover E-Scooters. This has resulted in gaps. The current rules require all E-Scooter operators to be 16 years of age or older, cannot have more than 1 person on the E-Scooter while in motion but do not have to have insurance. People are unsure what to do therefore if they are in an accident caused by an E-Scooter driver.
In Ireland, if you are injured by an MPV, such as a car, where the driver has no insurance, is under insured or the driver’s identity is not known, you can sue the Motor Insurers Bureau of Ireland. This is an entity funded by Irelands motor insurance companies under several agreements with the Minister for Transport going back to the 1950’s. It in effect steps into the shoes of the person who injured you and allows you to seek compensation from them. As E-Scooters are not MPV’s but rather PPT’s, there has been a question as to whether the MIBI covers E-Scooter accidents as they are not specifically named in the E-Scooter legislation.
Many commentators say that therefore, you must hope that the person who injures you or damages your property, is a person of means i.e. that they are independently wealthy so even if they haven’t insurance, you can get an order against them and they, hopefully, will pay it. The problem is that many E-Scooter users are not independently wealthy.
At M.M. Halley and Son Solicitors, we have, through our leading position in the realm of personal injuries, been actively reviewing developing law in this area. Initiating proceedings against the MIBI should not be misunderstood to mean a blanket admission of liability by the MIBI in all E-Scooter cases but that they are willing to treat E-Scooter claims, similar to how they treat all other claims involving motorists by investigating the circumstances and advising on whether the incident conforms to their areas of coverage.
We are also aware of cases that progressed to a court date where the MIBI were the listed defendants in an E-Scooter accident case, which were settled for an undisclosed amount. The “take away” here is that the MIBI were willing to go ahead and financially compensate those injured in an E-Scooter accident, where the person suing was an innocent party who didn’t cause the accident.
The question therefore is can you sue the MIBI if you are injured by an E-Scooter driver who has no insurance? The cautious answer is that it would appear, yes, you can sue the MIBI.
For the moment, the position of those injured remains open to change. We here at M.M. Halley and Son Solicitors recommend you set up an appointment with a Solicitor who is experienced in Personal Injuries to consult on the specifics of an accident you were in involving an E-Scooter, to ensure you get the most up to date information. This way, you can be informed and instruct your legal team appropriately, should your claim qualify to seek financial compensation from the MIBI.
