Personal Injury Protection (PIP) is a cornerstone of New York’s no-fault insurance system, but its role in e-scooter accidents is far from straightforward. As micro-mobility options surge in popularity across the state, injured riders and pedestrians are increasingly asking: who pays when an e-scooter crash results in medical bills or lost wages? The answer depends heavily on how the accident occurred, who was involved, and what insurance policies—if any—are in place.

Below is a closer look at how PIP applies to e-scooter accidents in New York, who might be covered, and what alternatives may be available when PIP doesn't apply.

How New York's PIP Insurance Works

PIP Is Designed for Motor Vehicle Use

In New York, PIP coverage is mandatory for registered motor vehicles and covers up to $50,000 in medical expenses, lost income, and certain incidental costs resulting from a crash. However, this benefit is tied specifically to incidents involving motor vehicles as defined by the state—meaning cars, trucks, and vans.

E-scooters, although motorized, typically fall outside the legal definition of a motor vehicle under Article 51 of New York Insurance Law. This distinction is what complicates the availability of PIP benefits after a scooter crash.

When PIP Might Apply to an E-Scooter Accident in New York

Scooter Operator Hit by a Motor Vehicle

If a person riding an e-scooter is struck by a car, that car’s no-fault insurance may be triggered. In this scenario, the injured rider may be eligible to file a PIP claim under the auto insurance policy of the vehicle’s owner. Coverage could include:

• Emergency and follow-up medical care
  
• Up to 80% of lost wages (capped at $2,000/month for up to three years)
  
• Transportation to medical appointments
  
• Limited household assistance
  

However, it’s essential to act quickly. New York requires that no-fault applications be submitted within 30 days of the accident, and supporting documentation must follow within 45 days for medical bills and 90 days for wage loss.

Pedestrian Struck by an E-Scooter

Things become murkier when a pedestrian is hit by a scooter. Since e-scooters are not covered by PIP insurance and often lack insurance requirements altogether, victims may be forced to pursue the rider personally, unless the scooter is part of a shared fleet that carries liability insurance.

When New York PIP Insurance Does Not Cover E-Scooter Accidents

Solo E-Scooter Crashes or Rider Error

If an e-scooter rider falls or crashes without involvement from a motor vehicle, they are not covered by PIP, even if they have their own car insurance. Since most personal auto policies exclude coverage for injuries that occur while operating a non-covered vehicle (like an e-scooter), the rider may be left to rely on:

• Private health insurance
  
• Medicaid or Medicare
  
• Out-of-pocket payment
  

Scooter Riders Without Vehicle Insurance

Since scooters don’t require insurance to operate in New York, most private riders don't carry any type of coverage. If they’re injured in a crash that doesn’t involve another insured motorist, they may be unable to access any PIP benefits, further emphasizing the coverage gap facing micro-mobility users.

Shared Scooter Programs and Insurance Coverage

Fleet Scooters May Offer Limited Liability Coverage

Companies operating shared e-scooter fleets—like Lime or Bird—typically carry some form of liability insurance. However, this is not PIP and does not cover injuries to the rider. Instead, it may cover third-party injury claims if the rider causes harm to someone else or damages property.

It’s important to review the terms and disclaimers when renting a shared scooter. In many cases, riders must sign a waiver assuming personal responsibility for any injuries sustained while using the device.

Alternative Compensation Options for Injured Scooter Riders in New York

When PIP isn’t available, other options may include:

Filing a Third-Party Lawsuit

If someone else’s negligence contributed to the accident—such as a motorist, a property owner, or a scooter manufacturer—the injured party may be able to file a personal injury lawsuit. Compensation in these cases may include:

• Medical expenses beyond what insurance covers
  
• Pain and suffering
  
• Full wage replacement
  
• Long-term care or disability-related costs
  

Uninsured Motorist (UM) and Supplemental Underinsured Motorist (SUM) Coverage

If a motor vehicle causes an e-scooter accident and lacks sufficient insurance, the rider may be able to seek coverage under their own UM or SUM policy—but only if they have one. These policies are optional add-ons to auto insurance and typically apply when the injured party is a pedestrian or cyclist, which in some cases may include scooter users.

Why Insurance Law Hasn’t Caught Up to E-Scooter Usage

E-scooters exist in a regulatory gray zone. While New York legalized their use in 2020 and left local regulation to municipalities, state insurance laws have yet to create clear requirements for micro-mobility coverage. The result is inconsistent protection and major gaps for riders.

Key Issues with Current Law:

• No mandatory insurance for scooter owners
  
• PIP only applies if a vehicle hits the rider
  
• Health insurance often carries high deductibles
  
• Third-party claims can take time to resolve
  

Steps Riders Can Take to Protect Themselves

With the legal landscape still catching up, riders can take proactive steps to protect themselves:

• Review your auto and health insurance policies for any potential coverage
  
• Consider adding personal liability coverage under a homeowner’s or renter’s policy
  
• Use scooters cautiously in high-traffic areas where car-related PIP benefits could apply
  
• Document everything after an accident, including photos, witness statements, and medical records
  

Conclusion

New York’s PIP insurance system is designed to streamline compensation after car accidents—but it often leaves e-scooter riders and pedestrians exposed. Unless a motor vehicle is directly involved, scooter users typically won’t qualify for no-fault benefits, forcing them to rely on health insurance or litigation. As scooter use continues to grow across New York, legal reforms may be necessary to ensure that micro-mobility riders are not left without recourse after a serious crash.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York scooter accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.