ACCIDENTS BETWEEN CARS AND ELECTRIC SCOOTERS: HOW TO DEFEND YOURSELF AND GET COMPENSATION
Accidents between cars and electric scooters: how to defend yourself and get compensation
Electric scooters have become increasingly popular in recent years due to their practicality, affordability, and sustainability. However, their widespread use has also led to an increase in road accidents involving them, often with serious consequences for drivers and other road users.
In this article, we will try to clarify what rules need to be followed to ride electric scooters safely, what are the responsibilities in case of an accident with a car, and how to get the right compensation for the damages suffered.
The rules for riding electric scooters
Electric scooters are considered by law to be vehicles in their own right, and as such must follow the rules of the Highway Code. Specifically, electric scooters can circulate:
- in pedestrian areas, with a maximum speed of 6 km/h;
- in bike lanes and express lanes, with a maximum speed of 25 km/h;
- on the roadway, with a maximum speed of 25 km/h, only if no bike lanes or express lanes are available.
In addition, drivers of electric scooters must:
- be at least 14 years of age;
- wear an approved helmet;
- turn on front and rear lights while driving at night or in poor visibility conditions;
- do not carry passengers or bulky objects;
- do not use cell phones or other electronic devices while driving;
- do not drive while intoxicated or under the influence of drugs.
Violators of these rules can be fined from 25 to 500 euros, and in some cases the scooter can be impounded.
Liability in case of an accident between a car and an electric scooter
If there is a collision between a car and an electric scooter, you must first check if there are any injuries and call for help. Then, you need to collect evidence of the incident, such as witness statements, photos, videos, and data of the vehicles involved. Finally, one must fill out the friendly report form if possible, or otherwise call law enforcement to reconstruct the dynamics.
Accident liability depends on the circumstances of the case and the conduct of the drivers. In general, the principle applies that whoever causes the damage must compensate for it. However, there may be situations of contributory negligence, where both drivers contributed to causing the accident, or of fortuitous event, where the accident is due to causes beyond the drivers' control, such as a road pothole or mechanical failure.
In any case, civil liability, i.e., liability for damages, is distinct from that
criminal, that is, that relating to any criminal consequences, such as personal injury or road homicide. The latter is always personal and cannot be transferred to others.
How to get compensation for damages in an accident between a car and an electric scooter
Compensation for damages in an accident between a car and an electric scooter depends on the type of damage and the insurance coverage of the vehicles involved.
As for the damage to the electric scooter, if the motorist is responsible, the driver of the scooter can claim compensation from the car's insurance company, as the RCA policy also covers damage to uninsured vehicles. If, on the other hand, the person responsible is the driver of the scooter, he or she will have to pay for the damage to the car out of his or her own pocket, unless he or she has taken out a third-party liability (RCT) policy or a kasko policy, which also cover damage caused to other people's vehicles.
As for personal injury, if the motorist is responsible, the driver of the scooter can claim compensation from the car's insurance company, since the third-party liability policy also covers uninsured personal injury. If, on the other hand, the driver of the scooter is responsible, he or she will have to pay out of his or her own pocket for the damage to the motorist, unless he or she has taken out a third-party liability or accident policy, which also covers personal injury to others.
Personal injury can be of two types: biological damage and moral damage. Biological damage is that relating to the physical and psychological injuries suffered, which may be temporary or permanent, and which are evaluated according to a medico-legal table. Moral damages are those related to the suffering, pain, and loss of quality of life suffered, which are assessed according to equitable criteria.
To obtain compensation for damages, the driver of the electric scooter must prove the driver's liability, the causal link between the accident and the damage, and the extent of the damage itself. In order to do this, it is advisable to seek the services of a lawyer specializing in traffic accidents, who can assist the client in all stages of the case, from gathering evidence to negotiating with the insurance company and eventually taking legal action.
FREQUENTLY ASKED QUESTIONS
Most common doubts among our customers
Order of the Civil Cassation no. 2644/2018
"[T]he costs of out-of-court legal assistance in a road accident constitute consequential damage within the meaning of Article 1223 of the Civil Code and [...] must be compensated."
The Italian Constitution guarantees the right of defence through an advocate for the purpose of compensation for the damages as well as compensate you for the cost of your legal defence.
To put it shortly: the injured party has the right for assistance from an advocate to ensure a fair defence. The cost of this service is a percentage of the total compensation of the damage. The cost of our service however is by law part of the total cost of the compensation and will be covered in full by the insurance.
ESSEBI RISARCIMENTI wants to safeguard you in these situations as well. We don’t ask for any advance for our service and we will receive our fee when you get compensated.
For you this means that our service will be free as it will be provided by the insurance.
The law n.4/2013 established the profession of EXTRAJUDICIAL PATRON (defender).
The standard defines the requirements for the professional activity of the Patrocinatore Straudiudiziale, i.e. the damages expert who provides out-of-court advocacy.
An out-of-court advocate is a freelance professional who provides assessment and advice to injured parties in accident compensation cases of all kinds. He is not only a mediator who "brings the parties together" in the event of a road accident or incident, but also a professional who is able to follow the entire accident process up to the recognition and settlement of fair compensation and damages for the injured party, in accordance with the regulations in force.
The timeframe for compensation following a road accident extends from 30 to 90 days from full recovery, or in the case of auto damage only, from repair of the vehicle.
With regard to general liability, the timeframe varies depending on the case. Essebi Risarcimenti guarantees a resolution in the shortest time possible under the law.
When you are the victim of an accident or other cause for which you are entitled to compensation, you may not have the financial means to pay in advance for medical expenses, vehicle repairs or assistance. Essebi Risarcimenti helps you with this. As well as providing you with ten years' experience in the sector, it anticipates all medical and other expenses through the best partners nationwide. Moreover, you won't be asked for an advance on servicing costs, you'll settle the bill once you've been reimbursed by the insurance company.
The other party's insurance company is obliged by law to pay damages if the other party is liable, even in cases of contributory negligence. Before taking over your case Essebi Risarcimenti will assess it in the first non-binding interview to ensure that the liability is not solely your own. Once the case has been accepted, all risks are borne by Essebi Risarcimenti. In the event of a negative outcome, you will not be asked to pay any assistance fees.