Electric scooters are everywhere in New Jersey now, from shared fleets in Newark and Asbury Park to scooters people buy and ride to the train. New Jersey law treats them differently from cars, from motorcycles, and in some important ways even from bicycles. Those differences decide who pays when a scooter rider gets hurt.
What counts as an electric scooter under New Jersey law
New Jersey's statute defines a "low-speed electric scooter" as a scooter with a floorboard the rider stands on, handlebars, and an electric motor that can propel it at a maximum speed of less than 19 miles per hour (N.J.S.A. 39:1-1). Most stand-up scooters sold in stores and rented through apps fit that definition.
A low-speed electric scooter is not a "motor vehicle" under New Jersey's motor vehicle code (N.J.S.A. 39:1-1). Faster machines, sit-down gas scooters, and "pocket bikes" fall into other categories with different rules. How New Jersey classifies scooters, e-bikes and mopeds.
The basic rules of the road
- No registration or license. A low-speed electric scooter doesn't need to be registered, and the rider doesn't need a driver's license (N.J.S.A. 39:4-14.16(f)(1)). There's also no insurance requirement.
- Bicycle rules apply. Except where a rule by its nature can't apply, the laws that govern bicycles also govern low-speed electric scooters (N.J.S.A. 39:4-14.16(g)). Riders have the same rights and duties on the road as cyclists.
- Where you can ride. Scooters may be ridden on streets, highways, roadways and bicycle paths, though a town or State agency can ban them on paths it controls (N.J.S.A. 39:4-14.16(a), (d)). They may be parked on a sidewalk if they don't block pedestrians.
- Local rules. Many towns add their own rules. Newark and Asbury Park, for example, prohibit riding scooters on the sidewalk.
- Helmets. Riders under 17 must wear a helmet, because New Jersey's bicycle helmet law applies to scooters (N.J.S.A. 39:4-10.1; 39:4-14.16(g)).
Drivers owe scooter riders extra care
New Jersey's safe passing law expressly covers low-speed electric scooters. When passing a scooter rider, a driver must move to a non-adjacent lane when possible. If that's not possible, the driver must leave at least four feet. If neither is possible, the driver must slow to 25 miles per hour or the posted limit, if lower, and pass only when it's safe (N.J.S.A. 39:4-92.4). Scooter riders hit by cars.
The insurance gap riders don't expect
In Goyco v. Progressive Insurance Co. (N.J. May 14, 2024), the New Jersey Supreme Court held that a low-speed electric scooter rider is not a "pedestrian" under the No-Fault Act and so isn't entitled to PIP benefits from their own auto policy after being hit by a car. A 2026 law extended PIP to bicyclists and riders of low-speed e-bikes, but it doesn't mention scooters. Who pays a scooter rider's medical bills.
The most common scooter claims
- A car or truck hits the rider
- A pothole, sunken grate or broken pavement throws the rider. Claims against towns and the State.
- A sidewalk or private-property defect causes a fall. Sidewalk and trip-hazard falls.
- A shared rental scooter fails. Shared scooter claims.
- A defective scooter or battery causes a crash or fire. Product defect claims.
- A scooter rider hits a pedestrian. When you're hit by a scooter.
Deadlines
Most injury lawsuits must be filed within two years (N.J.S.A. 2A:14-2). A claim against a town, county or the State requires a written notice of claim within 90 days (N.J.S.A. 59:8-8). All New Jersey deadlines.
See our scooter accidents page or request a free case review.