A scooter rider has almost no protection in a collision with a car. New Jersey law recognizes that, giving scooter riders the same road rights as cyclists and requiring drivers to give them room. Here is how fault, insurance and evidence work after a car hits you on an e-scooter.

Your rights on the road

New Jersey applies its bicycle laws to low-speed electric scooters (N.J.S.A. 39:4-14.16(g)). Bicycle riders have all the rights, and all the duties, of a vehicle driver (N.J.S.A. 39:4-14.1). In practice, that means a driver must treat you as lawful traffic: yield when the law requires it, signal, check mirrors and blind spots, and not crowd you.

The four-foot rule

New Jersey's safe passing law names low-speed electric scooters specifically. When approaching a scooter rider, a driver must (N.J.S.A. 39:4-92.4):

  1. Change into a lane not next to the rider, when it's safe to do so; or
  2. If that can't be done, leave at least four feet while passing; or
  3. If neither is possible, slow to 25 mph or the lower posted limit, be prepared to stop, and pass only when it doesn't endanger the rider.

A driver who violates the statute faces a fine, and the violation can be evidence of negligence in your injury case.

Crashes we see most

  • Right hooks: a driver passes the rider, then turns right across the scooter's path.
  • Left turns across a rider coming straight through an intersection.
  • Dooring: a parked driver or passenger opens a door into the bike lane.
  • Close passes and sideswipes on narrow streets.
  • Driveway and parking lot exits where a driver looks only for cars.

Shared fault

Insurers often argue that the scooter rider was going too fast, riding where they shouldn't, or riding at night without lights. Under New Jersey's comparative negligence law, you can still recover as long as you were not more than 50% responsible, with the award reduced by your share (N.J.S.A. 2A:15-5.1). Riding on a sidewalk where a local ordinance bans it doesn't automatically make the crash your fault. The question is what actually caused the collision. Comparative negligence explained.

If you weren't wearing a helmet, expect the insurer to argue that a head injury would have been less severe. That argument usually goes to the amount of damages, not to who caused the crash. Riders under 17 are required to wear a helmet (N.J.S.A. 39:4-10.1).

Who pays

  • Medical bills: usually your health insurance, because the New Jersey Supreme Court held in Goyco v. Progressive Insurance Co. (2024) that scooter riders don't get PIP as pedestrians. PIP and scooter riders.
  • Everything else: the driver's bodily injury liability insurance covers lost wages, unpaid medical expenses, future care, and pain and suffering.
  • If the driver fled or has no insurance: look at the uninsured motorist coverage on your own or a household auto policy, depending on its terms. Report a hit-and-run to police immediately. Hit-and-run claims.
  • If the driver was working, for example making deliveries or driving a company vehicle, the employer's insurance may apply. Delivery driver crashes.

Evidence to save

  1. Photos of the car, its plate, the scooter and the scene, including bike lane markings and signs.
  2. Names of witnesses, and any nearby business or home cameras. Footage is often overwritten within days.
  3. The scooter itself, unrepaired. Damage patterns show the point and angle of impact.
  4. Your helmet, if you wore one. Don't throw it away.
  5. Ride data from the scooter's app, if it records speed or route.

Deadline

File within two years (N.J.S.A. 2A:14-2). New Jersey deadlines.

See our scooter accidents page.