The short answer
- Get checked, even if you walked away. Head, wrist and shoulder injuries are common in falls and collisions, and some do not show for days.
- Record what kind of machine it was. Photograph the bike or scooter, any class label, the speedometer and the battery. Whether it counts as a bicycle or a motor vehicle in your state can decide whose insurance applies.
- If a car was involved, treat it like a car accident. Call the police, get the driver's details and insurer, and do not agree who was at fault at the scene.
In this guide
E-bike and e-scooter accidents are rising. The U.S. Consumer Product Safety Commission counted 310 e-bike deaths and 206 e-scooter deaths reported for 2017 to 2024, and said reporting for 2023 and 2024 is still ongoing, so the totals may grow. This guide covers what to do, why the type of machine matters, and where to look for the money if you were hurt.
What should I do first after an e-bike or e-scooter accident?
Get safe and get checked. Call 911 if anyone is hurt, move out of traffic if you can, and see a doctor even if you feel fine. Then record the scene while it is fresh:
- Photograph the machine, the road, any signs or marks, and your injuries
- Photograph the class label and speedometer if there is one, and the battery
- Get the driver's name, plate and insurer if a vehicle was involved, and call the police
- Note witnesses and any cameras on nearby buildings
- For a rental, screenshot the app's trip screen and terms
Keep the machine, battery and charger as they are. If the machine failed or the battery overheated, that evidence matters.
What are the three e-bike classes, and why do they matter?
Most states sort e-bikes into three classes. The classes decide where you may ride, and in some states whether a helmet, a minimum age or a license is needed. PeopleForBikes’ model definitions are:
| Class | How the motor works | Assisted speed stops at |
|---|---|---|
| Class 1 | Helps only while you pedal | 20 mph |
| Class 2 | Can drive the bike on its own (throttle) | 20 mph |
| Class 3 | Helps only while you pedal, with a speedometer | 28 mph |
Under that model all three classes are limited to 750 watts. It also says Class 3 bikes are kept off slower multi-use paths and may carry age and helmet rules. The classes are a model; states adopt them with differences. PeopleForBikes counted forty states with class laws as of April 2023, and the details have been changing since, so check your own state’s current law.
Whose insurance pays after an e-bike or e-scooter accident?
It depends on what hit you, what you were riding and where. In general:
| What happened | Where to look first |
|---|---|
| A driver hit you | The driver’s liability insurance, as in a bicycle accident |
| An uninsured or hit-and-run driver | Your own policy, if it includes uninsured-motorist cover that extends to you |
| You crashed alone | Your health insurance or medical-payments cover; possibly a claim about the road |
| A rental scooter or bike | The rental company’s terms and any cover it states |
| The machine or battery failed | A product claim against the maker or seller, which is separate from a crash claim |
Under federal law a low-speed e-bike is not a motor vehicle, but state insurance rules are separate, and your own car policy does not necessarily extend to a machine you were riding. Ask your insurers in writing what applies, and read our guide to dealing with insurance before giving a recorded statement.
Who is at fault in an e-bike or e-scooter accident?
Fault is decided under your state’s rules, as for a bicycle or a car. Most states let you recover something even if you were partly to blame, with the amount reduced by your share, but a few bar recovery above a threshold or altogether. Where you were riding, your speed, lights, and whether the machine was legal for that road can all be argued. See who was at fault and fault rules by state.
What if it was a rental e-scooter or e-bike?
Rental companies set terms in the app. Those terms can limit what you may claim, require disputes to go to arbitration, and set short notice periods. Screenshot the terms and the ride record as soon as you can, report the crash in the app, and keep any message from the company.
Do I need a lawyer after an e-bike or e-scooter accident?
Not always. If the injury was minor and a driver’s insurer accepts fault, many people settle directly. Advice is more often worth considering when injuries are serious, fault or insurance is disputed, there was no insurer to claim from, or a rental company’s terms or a faulty machine are involved. Our honest guide sets out both sides.
How long do I have to make a claim?
Every state sets a deadline to file an injury lawsuit, commonly two to three years, with some shorter and some longer. A claim against a city, county or state can need written notice within months. Find your state’s deadline and statute on our state pages or in the statute of limitations guide.
- See a doctor even if you walked away.
- Photograph the machine, its class label, the battery and the scene.
- Whether an e-bike counts as a bicycle or a motor vehicle depends on the state and the class.
- If a driver was involved, treat it like a car accident and get their insurer's details.
- Rental terms and claims against a city can have short deadlines.
What are the deadlines?
Each state sets its own deadlines after a e-bike & e-scooter accident, and some are much shorter than others. Choose your state for each deadline with its statute and the date we last checked it.
Common questions
Is an e-bike a motor vehicle?
Under federal law, no. Federal product law treats a low-speed electric bicycle like a traditional bicycle, not a motor vehicle. State traffic and insurance laws are separate, and some states treat faster or throttle-only machines more like mopeds or motorcycles, so check your state.
Does my car insurance cover me on an e-bike?
Not automatically. Liability and collision cover on a car policy usually relates to the car. Whether your own policy, a homeowner's or renter's policy, or health cover responds depends on its wording, so read the policy and ask the insurer in writing.
What if a driver hit me while I was on an e-bike?
The driver's liability insurance is usually the first place to look, as with a bicycle crash. Fault is decided under your state's rules, and in many states a share of blame on you reduces what you can recover rather than ending the claim.
What if I crashed alone or hit a pothole?
There may be no other driver to claim from. Possible routes include your own health or medical-payments cover, and in some cases a claim against whoever maintained the road, which often has a much shorter notice deadline than a normal lawsuit.
What if the battery caught fire or the bike failed?
Keep the machine, the battery and the charger exactly as they are and photograph them. A product fault is a different kind of claim from a crash, and the evidence is easily lost.
Do I need a license or registration to ride an e-bike?
For the common low-speed classes, many states require neither, but this varies and some states have age or helmet rules for the fastest class. Faster machines may be classed as mopeds or motorcycles with licensing and insurance rules.
Who pays if I was on a rental scooter?
Rental companies set terms in the app, and these can include cover for some situations and limits on others. Screenshot the rental screen and the terms before anything changes.
How long do I have to make a claim?
Most states give around two to three years to file an injury lawsuit, but claims against a city or state can need notice within months. Your state's page lists its deadlines with the statute.
Sources
Written by The Accident Advisory editorial team from the sources below.
- PeopleForBikes — Electric Bicycle Law Basics (three-class system, federal definition, state adoption as of April 2023). Accessed
- U.S. Consumer Product Safety Commission — Micromobility Products-Related Deaths, Injuries, and Hazard Patterns: 2017–2024 (April 2026). Accessed
- 15 U.S.C. § 2085: low-speed electric bicycles under the Consumer Product Safety Act.
The Accident Advisory provides free, general information and is not a law firm and does not provide legal advice. Last updated: 4 November 2026.