Hurt on an electric scooter: who pays and what the app agreement changes
After an e-scooter crash, get care, photograph the road and scooter, and save your trip record. A car driver's insurance pays if a car hit you. For rental scooters, the app agreement can force arbitration and tries to release claims. Arizona and Texas give two years to sue, but a road claim is much shorter.
Last checked November 9, 2026 · Official sources (43)
What should I do after an electric scooter accident?
CPSC estimates about 380,000 emergency room visits from e-scooters from 2017 through 2024. It also reports 206 deaths in that time, and motor vehicles and loss of control were the top hazards. In one CPSC study, rental scooters made up 35 percent of the injuries.
- Get medical care. Tell the doctor if your head hit the ground. A CDC review found almost half of the people it studied in Austin had a severe injury.
- Call police if a car was involved or anyone was badly hurt.
- Before you leave, photograph the scooter, its ID number, the road, and anything that made you fall.
- Screenshot your ride history, the receipt and the app map as soon as you can. Accounts and trip records can change.
- Report it to the company. Lime's terms ask for a report within two hours, or as soon as practicable if you are hurt. Bird's terms say to file a police report within 24 hours when someone is hurt.
- Do not accept a credit or sign anything from the app company before you read it.
- Keep the helmet and clothes you wore.
Who pays for an electric scooter accident?
The answer changes with what caused the fall. In the Austin study reviewed by CDC, half of the injured people interviewed said a surface condition such as a pothole or crack may have contributed.
| What happened | Who may pay | The catch |
|---|---|---|
| A car hit you | The driver's liability insurance | Minimums are $25,000 per person in Arizona and $30,000 in Texas. |
| The scooter failed: a brake, a stem, a wheel | The scooter company or manufacturer | The app agreement may send your claim to arbitration. |
| A pothole or broken sidewalk | The city, county or property owner | Very short deadlines for government claims. |
| Another rider or a pedestrian was hit | The rider, and possibly the rider's homeowner's or renter's policy | Coverage for motorized devices varies a lot by policy. |
| You fell on your own | Your health insurance | A claim is hard without a cause outside your control. |
Lime's terms say that in some places it may provide personal accident or rider liability coverage. They also say you agree to use your own motor vehicle insurance as primary. Ask the company in writing whether any coverage applies to your ride.
Is an electric scooter a motor vehicle for insurance?
Mostly no, and that causes real gaps. In Arizona, the definition of a motor vehicle excludes an electric standup scooter. State law says these scooters are not subject to Arizona's vehicle insurance provisions. A rider has the rights and duties of a bicycle rider.
In Texas, the rules for motor vehicles in Title 7 of the Transportation Code do not apply to a motor-assisted scooter. The statute defines these scooters partly by motor size, with a limit of 40 cubic centimeters. We did not find a Texas appellate ruling on how that applies to every rental model.
Your own auto policy is a separate question. Your uninsured motorist coverage may pay if a car hit you while you were riding. It may not apply when the scooter is the only vehicle involved. The policy wording decides, and we could not find a state rule that settles this in either state.
Did I give up my right to sue when I clicked accept on the app?
Maybe not all of it. Rental agreements usually include an arbitration clause and a release of liability. Both matter, and they are different things.
| Clause | What it says | What can get around it |
|---|---|---|
| Arbitration | Lime says disputes go to final and binding arbitration instead of court. Bird's terms also require arbitration. | Bird allows a written opt-out within 30 days of first use. Most people have missed that window by the time they are hurt. |
| Release | Bird releases claims of negligence, but not gross negligence or willful misconduct. | Gross negligence claims survive by the terms themselves. |
| City waiver | Bird says riders waive claims against cities. | Whether a court would enforce this against a city depends on the state and facts. |
| Helmet clause | Lime says riders without helmets who get hurt waive claims. | Check whether a helmet was required and whether state law allows this. |
Federal law generally makes arbitration clauses enforceable in contracts involving commerce. Lime says the Federal Arbitration Act governs its clause. Arbitration is not a dead end. You can still bring your claim and be paid, but there may be no jury. Read any arbitration clause before you file.
Arizona is unusually friendly on the release question. Its constitution says assumption of risk is always a jury question. Its Supreme Court has applied that to signed releases. That helps, but arbitration may decide who hears the dispute.
In Texas, a release of your own negligence must meet fair notice rules, including being conspicuous and clear. Texas's arbitration act excludes injury claims unless both sides agree in writing on the advice of counsel. But a company relying on the federal act will argue the Texas rule does not control. This is one to raise with a lawyer early.
If you are not the renter, such as a pedestrian struck by a rider, you likely never agreed to these terms.
What evidence should I save after a scooter crash?
| Proof | Why it matters | When to get it |
|---|---|---|
| Scooter ID and photos | Arizona requires a unique visible ID. It ties your ride to one scooter. | Before leaving the scene |
| App ride history | Time, route, speed data and start and end points | That day, as screenshots |
| Repair records for that scooter | Shows past brake or stem problems | Ask in writing |
| Video from nearby shops | Shows the fall and any car | Within days |
| Photos of the road | Shows a pothole before it is fixed | Right away |
Austin Public Health calculated 20 people injured per 100,000 scooter trips in its study. A claim is stronger when your own records can show what went wrong.
How much is an electric scooter accident claim worth?
There is no official average for scooter claims. A claim may include medical bills, future treatment, lost pay and pain. If you are partly to blame, your share cuts the amount.
Example only: if you crash because a car turned into you, and your losses are $30,000, a jury that puts 25 percent of the blame on you leaves $22,500. If you were found over 50 percent at fault in Texas, you would get nothing.
What changes in Arizona and Texas?
| Rule | Arizona | Texas |
|---|---|---|
| Scooter treated as | Like a bicycle, not a motor vehicle | Motor vehicle rules do not apply |
| Where you can ride | Bike and multiuse paths unless banned locally | Streets posted 35 mph or less, bike paths and sidewalks unless banned |
| Deadline to sue | 2 years | 2 years |
| Shared fault | Damages reduced, never barred | Barred above 50 percent |
| Claim against a city for a bad road | 180 days, then suit within 1 year | 6 months or by charter |
| Signed releases | Jury decides | Must meet fair notice rules |
What mistakes hurt a scooter accident claim?
- Assuming you cannot do anything because you clicked accept
- Leaving without photographing the scooter's ID and the road
- Deleting the app or losing your ride history
- Waiting past the short government deadline when a road caused the fall
- Assuming your car insurance does not matter
- Accepting a ride credit in place of a real claim
Questions
Can I sue Lime or Bird after a scooter accident?
Possibly, but their agreements send disputes to arbitration. Gross negligence is carved out of Bird's release.
Does car insurance cover electric scooters?
Often not by itself. Arizona excludes these scooters from its vehicle insurance provisions. Your uninsured motorist coverage may still help if a car hit you.
Are electric scooters motor vehicles?
Not under Arizona's definition. Texas says the motor vehicle rules in Title 7 of its Transportation Code do not apply.
Can a pedestrian sue after being hit by a scooter?
Yes. A pedestrian usually never agreed to the app's terms, and the rider may be responsible.
How long do I have to file after a scooter accident?
Two years in Arizona and Texas. A road claim against a government is much shorter.
Electric scooter accident? See if you are owed money.
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See if I’m owed moneySources (43)
- Arizona Revised Statutes 12-542, checked 2026-11-09. “there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward”
- Texas Civil Practice and Remedies Code 16.003, checked 2026-11-09. “personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues”
- Arizona Revised Statutes 12-821.01, checked 2026-11-09. “within one hundred eighty days after the cause of action accrues”
- Arizona Revised Statutes 28-819, checked 2026-11-09. “is not subject to the provisions of this title relating to certificates of title, registration, vehicle license tax, driver licenses or vehicle insurance”
- Texas Transportation Code 551.352, checked 2026-11-09. “A provision of this title applicable to a motor vehicle does not apply to a motor-assisted scooter.”
- Bird Rental Agreement, checked 2026-11-09. “The notice must be sent within 30 days of your first use of the Service”
- Arizona Constitution, article 18, section 5, checked 2026-11-09. “The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury.”
- Phelps v. Firebird Raceway (Ariz. 2005), checked 2026-11-09. “applies to an express contractual assumption of risk. We hold that it does.”
- Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
- Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved.”
- CPSC, checked 2026-11-09. “E-Scooters: There were an estimated total of 380,000 ED visits from 2017 through 2024”
- CPSC, checked 2026-11-09. “CPSC staff is aware of 206 fatalities from 2017 through 2024.”
- CPSC, checked 2026-11-09. “Motor vehicle accidents and control issues were the top hazards associated with e- scooter fatalities.”
- CPSC, checked 2026-11-09. “Rental e-scooters accounted for 35 percent of the e-scooter-related ED visits in the special study.”
- CDC, checked 2026-11-09. “Almost half of the people we identified had a severe injury, such as a broken leg.”
- Lime User Agreement, checked 2026-11-09. “to us within two (2) hours of the accident or incident via the Lime App”
- Bird Rental Agreement, checked 2026-11-09. “Rider shall file a report with the local police department within 24 hours.”
- CDC, checked 2026-11-09. “Half of those we spoke to said a surface condition like a pot hole or crack in the street may have contributed to their injury.”
- Arizona Revised Statutes 28-4009, checked 2026-11-09. “$25,000 because of bodily injury to or death of one person in any one accident”
- Texas Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
- Lime User Agreement, checked 2026-11-09. “we may provide personal accident coverage and/or rider liability coverage”
- Lime User Agreement, checked 2026-11-09. “You agree to use your own motor vehicle insurance as the primary insurance.”
- Arizona Revised Statutes 28-101, checked 2026-11-09. “an electric bicycle, an electric miniature scooter, an electric standup scooter or a motorized skateboard”
- Arizona Revised Statutes 28-819, checked 2026-11-09. “is granted all the rights and privileges and is subject to all of the duties of a person riding a bicycle”
- Texas Transportation Code 551.351, checked 2026-11-09. “a gas or electric motor not exceeding 40 cubic centimeters”
- Arizona Revised Statutes 20-259.01, checked 2026-11-09. “uninsured motorist coverage that extends to and covers all persons insured under the policy”
- Texas Insurance Code 1952.101, checked 2026-11-09. “protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles”
- Lime User Agreement, checked 2026-11-09. “exclusively through final and binding arbitration instead of filing a lawsuit in court”
- Bird Rental Agreement, checked 2026-11-09. “except for Claims based on Released Persons' gross negligence or willful misconduct”
- Bird Rental Agreement, checked 2026-11-09. “RIDER EXPRESSLY WAIVES ALL CLAIMS AGAINST CITY FOR HARM CAUSED BY CITY NEGLIGENCE OR DANGEROUS CONDITIONS ON PUBLIC PROPERTY.”
- Lime User Agreement, checked 2026-11-09. “If you ride without a helmet and are injured as a result, you waive any and all claims against the Released Parties”
- 9 U.S.C. 2, checked 2026-11-09. “shall be valid, irrevocable, and enforceable”
- Lime User Agreement, checked 2026-11-09. “the Federal Arbitration Act (9 U.S.C. §§ 1-16) ("FAA") will govern its interpretation and enforcement”
- Dresser Industries v. Page Petroleum (Tex. 1993), checked 2026-11-09. “we hold that the fair notice requirements of conspicuousness and the express negligence doctrine apply to both indemnity agreements and to releases in the circumstances before us”
- Texas Civil Practice and Remedies Code 171.002, checked 2026-11-09. “each party to the claim, on the advice of counsel, agrees in writing to arbitrate”
- Arizona Revised Statutes 28-819, checked 2026-11-09. “must have a unique identification that consists of letters or numbers, or both”
- Austin Public Health, checked 2026-11-09. “there were 20 individuals injured per 100,000 e-scooter trips taken during the study period”
- Arizona Revised Statutes 12-2505, checked 2026-11-09. “the full damages shall be reduced in proportion to the relative degree of the claimant's fault”
- Texas Civil Practice and Remedies Code 33.001, checked 2026-11-09. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- Arizona Revised Statutes 28-819, checked 2026-11-09. “an electric standup scooter may be used on bicycle and multiuse paths”
- Texas Transportation Code 551.352, checked 2026-11-09. “may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less”
- Texas Transportation Code 551.352, checked 2026-11-09. “A person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk.”
- Arizona Revised Statutes 12-821, checked 2026-11-09. “shall be brought within one year after the cause of action accrues and not afterward”