Electric Scooter & E-Bike Accident Settlements in New York: What Riders and Pedestrians Need to Know

Electric bikes and electric scooters are now a permanent fixture on Long Island roads, bike lanes and shared paths. Whether it is a class two throttle e-bike on Merrick Road, a rental scooter near a Long Island Rail Road station, or an e-bike crossing a Nassau County intersection, these devices have changed how people get around and how they get hurt.

The insurance rules for these crashes depend on two facts: whether a motor vehicle was involved, and whether the device itself meets New York’s legal definition of an e-bike or e-scooter. This article explains both, and what to do after a crash.

What New York Law Calls an E-Bike or E-Scooter

Vehicle and Traffic Law § 102-c defines a “bicycle with electric assist” as a bicycle no more than thirty-six inches wide, with “an electric motor of less than seven hundred fifty watts, equipped with operable pedals,” meeting federal bicycle standards, in one of three classes: class one (pedal assist only, cutting out at twenty miles per hour), class two (throttle, no assistance at twenty miles per hour or more), and class three (throttle up to twenty-five miles per hour, allowed only in a city of one million or more).

Vehicle and Traffic Law § 114-e defines an “electric scooter” as a device “weighing less than one hundred pounds” with handlebars and a floorboard or seat, an electric motor, and “a maximum speed of no more than twenty miles per hour on a paved level surface when powered solely by the electric motor.”

Vehicle and Traffic Law § 125 defines “motor vehicle” and expressly excludes “(e) bicycles with electric assist as defined in section one hundred two-c of this article, and (f) electric scooters as defined in section one hundred fourteen-e of this article.” Insurance Law § 5102(f) borrows the motor vehicle definition from Vehicle and Traffic Law § 311, which in turn uses § 125. A device that meets § 102-c or § 114-e is therefore not a motor vehicle for no-fault purposes.

A device that does not meet those definitions (a motor of 750 watts or more, or a top speed above the limits) is not covered by the § 125 exclusion, and the analysis below may not apply to it. The device’s specifications are one of the first things to establish.

When a Car Hits an E-Bike or E-Scooter Rider

No-fault pays the rider’s first-party benefits

Insurance Law § 5103(a)(1) requires every owner’s policy on a motor vehicle to pay first-party benefits to “Persons, other than occupants of another motor vehicle or a motorcycle, for loss arising out of the use or operation in this state of such motor vehicle.” A rider of a compliant e-bike or e-scooter is not an occupant of another motor vehicle, so the rider is in the same position as a cyclist or pedestrian struck by the car: the car’s no-fault coverage pays medical bills and lost earnings up to $50,000 of “basic economic loss” (Insurance Law § 5102(a)), regardless of fault.

The serious injury threshold applies to the claim against the driver

Insurance Law § 5102(j) makes “any other person entitled to first party benefits” a “covered person,” and § 5104(a) provides that in an action between covered persons arising out of the use or operation of a motor vehicle, “there shall be no right of recovery for non-economic loss, except in the case of a serious injury, or for basic economic loss.” The Appellate Division has applied that rule to a cyclist struck by a car in Canner v Diamond, 187 AD3d 1127 (2d Dept 2020). We are not aware of an Appellate Division opinion deciding the question for an e-bike or e-scooter rider; the statutes put a compliant device’s rider in the same position as a cyclist.

For actions commenced on or after May 26, 2026, Insurance Law § 5102(d), as amended by Part EE of chapter 58 of the Laws of 2026, defines “serious injury” as a personal injury which results in “death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system.” The former 90/180-day category applies only to actions commenced before May 26, 2026. Economic loss above basic economic loss is recoverable from the driver without the threshold.

The mostly-at-fault bar

For actions commenced on or after May 26, 2026, CPLR 1411(b) provides that in a personal injury action “subject to article fifty-one of the insurance law,” the claimant’s culpable conduct “shall bar recovery if the culpable conduct attributable to the claimant is greater than the culpable conduct of the person against whom recovery is sought” or of the defendants combined. A rider’s claim against the driver is subject to article 51. Below that line, CPLR 1411(a) reduces the award in proportion to the rider’s share of fault.

Evidence

Dashcam footage, intersection cameras, business surveillance video and witness statements must be secured quickly. A driver’s unexcused violation of a Vehicle and Traffic Law rule of the road, such as failing to yield, “constitutes negligence per se” (Durkee v Sanchez-Rodriguez, 229 AD3d 1315 [4th Dept 2024]).

When an E-Bike or E-Scooter Rider Hits a Pedestrian

Riders can also be the at-fault party. A compliant e-bike or e-scooter is not a motor vehicle, so a pedestrian struck by one does not have a motor vehicle claim. In Matter of Government Empls. Ins. Co. v Bermeo, 230 AD3d 1141 (2d Dept 2024), a pedestrian struck by an e-bike sought uninsured motorist benefits under a policy issued by GEICO; the Appellate Division affirmed a permanent stay of arbitration because the insurer showed that a motor vehicle was not involved in the accident.

The injured pedestrian’s claim is an ordinary negligence claim against the rider, and the questions are practical: what coverage the rider has. Some homeowner’s and renter’s policies include personal liability coverage that may respond, but policy language varies and some policies exclude motorized devices, so the specific policy terms decide it.

Shared fleet operators add a commercial layer. When the device was rented through an app, the operator may carry commercial general liability coverage, and an operator that failed to maintain a device in safe condition may be responsible for its own negligence.

Device Failures: Throttles, Brakes and Battery Fires

Not every crash is caused by a driver or a rider. A throttle that sticks, brakes that fail at speed, or a battery that overheats and ignites can cause the injury. When the device failed, the claim may run against the manufacturer and the companies that sold it, and the device itself is the central evidence. Do not let it be repaired, discarded, or returned to a rental fleet before it is examined.

For fire cases specifically, including who is liable when a charging pack ignites in an apartment, see our guide to an e-bike battery fire lawsuit in New York.

What Drives the Value of an E-Bike or E-Scooter Claim

No honest article can give a dollar figure for your case. Value depends on the severity and permanence of the injury (a fracture, a spinal injury or a traumatic brain injury changes a case), whether it meets a § 5102(d) category (for a claim against a driver), how clear liability is, and how much insurance is available. The minimum liability limit on a New York auto policy is $25,000 for bodily injury to one person (Vehicle and Traffic Law § 311(4)(a)), and many drivers carry only that. A second vehicle, a commercial policy, a fleet operator, or a product manufacturer can each add coverage.

Key Statutes and Deadlines

• Vehicle and Traffic Law § 102-c (bicycle with electric assist), § 114-e (electric scooter), § 125 (motor vehicle, excluding both).
• Insurance Law § 5103(a)(1) (first-party benefits to persons other than occupants of another motor vehicle or a motorcycle), § 5102(j) (covered person), § 5104(a) and § 5102(d) (serious injury threshold).
• CPLR 1411(b) (mostly-at-fault bar, actions commenced on or after May 26, 2026).
• Vehicle and Traffic Law § 1238(5-c): an operator of a class three e-bike must wear a helmet; under § 1238(7), failing to comply “shall not constitute contributory negligence” and does not reduce the damages recoverable.

CPLR 214(5) gives three years from the accident to commence a personal injury action against a private party. A claim against a city, county, town or village needs a notice of claim within ninety days (General Municipal Law § 50-e) and suit within one year and ninety days (General Municipal Law § 50-i). Video and device data disappear long before any of those deadlines run.

What to Do After an E-Bike or E-Scooter Accident

Preserve the device

Do not allow the e-bike or e-scooter to be repaired, serviced or returned to a rental fleet before it can be examined. Its specifications decide whether it is a motor vehicle, and if a brake, throttle or battery failed, it is the evidence.

Document the scene and your injuries

Photograph the location, vehicle positions, the device, road conditions and your injuries. Get medical care promptly; gaps in treatment are used to challenge causation and the serious injury threshold.

Identify witnesses and cameras

Get names and contact information from witnesses. Note traffic cameras, business surveillance systems and doorbell cameras nearby, and ask for the footage to be preserved in writing.

Do not give a recorded statement without counsel

Whether the adjuster works for the driver’s insurer or a fleet operator’s carrier, the statement can be used against you.

Speak with a Long Island E-Bike Accident Lawyer

E-bike and e-scooter cases turn on vehicle classification, no-fault, the serious injury threshold and, when the device failed, products claims. If you or a family member was injured in an e-bike or e-scooter accident on Long Island or anywhere in New York, contact our Long Island car accident lawyers or visit our dedicated Long Island electric scooter accident lawyer page for a free consultation. We advance all costs of litigation, and there are no fees unless we recover for you.