Being struck by an electric scooter can cause serious injuries, especially for older adults and children: broken hips and wrists, head injuries from a fall onto concrete. Because scooters aren't cars under New Jersey law, the usual auto insurance system often doesn't apply. Here's who can be responsible and how these claims get paid.

Why your auto PIP probably won't pay

New Jersey PIP covers a pedestrian injured in an accident "caused by an automobile" (N.J.S.A. 39:6A-4). A low-speed electric scooter isn't a motor vehicle under New Jersey's motor vehicle code (N.J.S.A. 39:1-1), and it isn't an automobile for PIP purposes. So if a scooter, not a car, hit you, your PIP generally won't pay your medical bills. Health insurance usually becomes the primary payer. How PIP normally works.

Who can be responsible

  • The scooter rider. Riders owe pedestrians reasonable care. Because New Jersey applies bicycle rules to scooters (N.J.S.A. 39:4-14.16(g)), a rider must follow traffic rules and yield where required. Many towns, including Newark and Asbury Park, prohibit riding scooters on the sidewalk entirely.
  • A shared scooter operator, if a defect or poor maintenance contributed, or if a scooter left blocking the sidewalk caused a trip and fall.
  • The rider's parent, in some situations involving a young child, under general negligence principles such as negligent supervision or entrustment. These claims are fact-specific.
  • An employer, if the rider was making deliveries or working at the time.

Proving fault

Evidence that helps in these cases:

  • Where the collision happened: sidewalk, crosswalk or street
  • Any local ordinance banning sidewalk riding, which can be evidence of negligence
  • The rider's speed, from witnesses, video or app data
  • Whether the rider was distracted, carrying a passenger, or riding at night without lights

New Jersey's comparative negligence rule applies to everyone. You can recover as long as you're not more than 50% responsible (N.J.S.A. 2A:15-5.1). Pedestrians are rarely found significantly at fault on a sidewalk.

Where the money comes from

This is the hard part. New Jersey doesn't require low-speed electric scooter riders to carry insurance (N.J.S.A. 39:4-14.16(f)(1)). Possible sources:

  • The rider's homeowners or renters insurance. Many policies include personal liability coverage. Some exclude motorized vehicles or devices, and whether a low-speed scooter falls within that exclusion depends on the policy wording.
  • A shared scooter operator's liability insurance, where the operator shares responsibility or the policy otherwise applies.
  • An employer's insurance, if the rider was working.
  • Your own health insurance for treatment, and possibly your own medical payments coverage, depending on the policy.

Identifying coverage early is often the most important step in these cases.

If the rider fled

Scooter riders can disappear quickly. Call police right away and look for cameras. A rider on a shared scooter may be identifiable through the operator's ride records, which need to be requested and preserved promptly. Uninsured motorist coverage on an auto policy is generally tied to motor vehicles, so it may not apply to a fleeing scooter rider.

What to do after being hit

  1. Get medical care. Falls onto pavement often cause fractures and concussions that worsen over time.
  2. Get the rider's name, phone and address, and photograph the rider and scooter, including any shared scooter ID or QR code.
  3. Collect witness names, and note cameras at nearby buildings.
  4. Report the incident to police.

The two-year deadline applies (N.J.S.A. 2A:14-2). See our pedestrian accidents and scooter accidents pages.