Goodge Law Win Electric Bike Accident Claim
With more ebikes on the roads, we are seeing a rise in electric bike accident claims.
Goodge Law acted on behalf of a client in a road traffic accident where the third party (the other party) insurers argued that our client was illegally on the road as he was riding an electric vehicle and, therefore, should have been insured and have road tax.
What happened to instigate an electric bike accident claim?
Our client was riding his bicycle to the side of the road. The other driver was situated in stationary traffic. Without any warning or indication, he executed a left hand manoeuvre intending to enter a side road in order to escape the heavy traffic. However he failed to see our client, thereby causing injury and loss. Our client sustained a dislocated collarbone, soft tissue injuries to face, elbow, knee, hands, toes and a fractured rib.
Why did we say that the other driver was negligent?
We said that he failed to keep any or any proper look out, failed to stop, steer or otherwise control his vehicle so as to avoid the accident, failed to observe or heed the presence of our client’s bicycle, changed lanes with the intention of accessing a side road and caused or permitted his vehicle to collide with our client’s bicycle.
What did the insurers say about the ebike accident?
The insurers did not dispute that their insured performed this manoeuvre. However, they disputed liability on the basis that our client was illegally on the road as a result of him riding a motorised vehicle. They also argued that he was driving too fast for the conditions and not paying attention on the road. Effectively, they were saying that as he should not have been on the road they had no liability for his injuries and losses.
What did we advise in the accident claim?
We gave our client advice in relation to the use of “electrically assisted pedal cycles” known as EAPCs.
If a bike meets the EAPC requirements it is classed as a normal pedal bike and can be ridden everywhere pedal bikes are allowed. There are a number of important requirements:-
- An EAPC can have more than two wheels but must have pedals that propel it
- It must show either the power output or the manufacturer of the motor
- It must show either the battery’s voltage or the maximum speed of the bike
- Its electric motor must have a maximum power output of 250 watts and cannot propel the bike when it is travelling more than 15½ mph
Any electric bike not meeting the EAPC rules is classed as a motorcycle or moped and needs to be registered and taxed. The rider also requires a driving licence and must wear a helmet.
What was the outcome of the electric bike accident claim?
Our client had purchased a cheap import. Luckily he had retained the manufacturer’s information that was sent to him upon purchase and we were able to prove that it had regular pedals, a 250 watt motor and confirmation that it was unable to propel the bike more than 15½ mph. Our client was not, therefore, required to register, tax and insure the EAPC.
Eventually, the insurers made an out of court settlement of £27,500 for personal injuries, damaged clothing, loss of earnings, out of pocket and medical expenses.
Goodge Law are specialists in all road traffic accident claims and can be contacted for a no-obligation phone consultation. If you or a family member has been involved in an incident that you do not believe was your or their fault, we can advise if a claim is viable.
We work on a no win-no fee basis so you will never have to fund any part of your claim. Click to start your accident claim.
