I’ve been injured on an electric scooter, am I able to make a claim for compensation in Queensland?

The scheme for which compensation may be payable to an e-scooter rider, or a person injured by the rider of an e-scooter, will depend on the circumstances and cause of the accident.

In some circumstances, an e-scooter manufacturer, lessor (e.g., e-scooter sharing services), the relevant local council, the property owner where the e-scooter was being used, or the rider may potentially be held liable for injuries based on the circumstances leading to the accident. Additionally, a claim could be made against the third-party or public liability insurance policy of the at-fault party if available.

Cars, motorbikes, and mopeds are subject to compulsory third-party insurance in Queensland, while bicycles have public liability coverage in many home and contents insurance policies. However, there is no mandatory injury insurance scheme for e-scooters, and public liability insurance policies are not easily accessible to individuals.

In the case of e-scooters, blame for accidents typically falls on the rider’s careless or reckless driving, but e-scooter riders are unlikely to have any insurance coverage for injuries they cause. In situations where a mechanical fault in the vehicle or a poorly maintained road causes the accident, fault could potentially be placed on a party other than the rider, although these cases are less common. In the absence of an insurer, the at-fault rider would be responsible for paying any compensation owed, and they may not be financially capable of covering significant compensation for serious injuries.

Even if e-scooter sharing services could be held liable for injuries resulting from e-scooter use, user agreements often limit or shift liability onto users.

However, in circumstances where an e-scooter rider is injured by a collision with a motor vehicle accident which was not the e-scooter rider’s fault, they will likely be eligible to make a claim against the CTP insurer of the at-fault driver.