REAL Law Group

E-Bike & Scooter Accident Claims

Electric bikes and scooters put riders into traffic at car speeds with none of the protection and, very often, none of the insurance. When someone is hurt, the first question is rarely who was at fault. It is which policy is going to pay, and that answer is different for an e-bike than it is for a car.

If a crash just happened, three things matter today

Get medical attention and keep the record. Keep the machine exactly as it is, because the device and the label on it are evidence. Do not give a recorded statement to an insurance adjuster before you have spoken with a lawyer.

If a city, village, township, or park district may be responsible for the road or path, the filing deadline can be one year, not two.

The insurance question, explained properly

This is where most e-bike cases are won or lost, and it is where the general advice online is least reliable. An e-bike is not a car, and the coverage does not work the way people assume.

An e-bike is not a motor vehicle in Illinois

A low-speed electric bicycle sits outside the Vehicle Code's definition of a motor vehicle, so there is no plate, no registration, and no mandatory auto policy attached to it. When an e-bike rider causes injury, there is frequently no vehicle policy anywhere in the picture.

Homeowners and renters coverage is the usual fallback, and it has exclusions

Household liability policies often respond to a resident's negligence away from home, which can reach an e-bike collision. Many of those same policies exclude liability arising from motorized vehicles, and how a given carrier applies that exclusion to a 3,000 watt machine is a coverage question that turns on the policy wording rather than on the statute.

Your own uninsured motorist coverage may or may not reach it

Uninsured and underinsured motorist coverage under an Illinois auto policy responds to injury caused by an uninsured motor vehicle, as that policy defines the term. Public Act 104-0854 calls an electric micromobility device a motor vehicle for purposes of the Vehicle Code, which is not automatically the same as the definition printed in an insurance contract. Anyone told flatly that coverage does not apply should have the actual policy language read before accepting that answer.

The new law improves the picture for the heavy machines

From January 1, 2027, a motor driven cycle, which now includes electric machines rated over 750 watts, is subject to the Vehicle Code's mandatory insurance requirements. A machine ridden lawfully after that date should have a liability policy behind it. A machine ridden without one is an insurance problem for its rider and a recovery problem for whoever it hits.

Medical payments coverage and health insurance still matter

Medical payments coverage on a household auto policy sometimes applies to a family member hurt while cycling, and health insurance covers treatment in the meantime. Health plans commonly assert a right to be repaid out of any recovery, so those claims need to be identified early rather than discovered at the end.

Common situations, and the trap in each one

A car turns left across a rider in a bicycle lane

The claim.
Ordinary negligence against the driver, with the driver's failure to yield as evidence of it.
Likely coverage.
The driver's auto liability policy, then your own uninsured or underinsured motorist coverage if the driver has none or too little.
Watch out.
Adjusters lean hard on the idea that the rider was going faster than a bicycle. On a Class 3 e-bike or a scooter the closing speed genuinely is higher, so speed becomes the fight. Photographs of the sight lines and the bike's own speedometer reading matter more here than in a car case.

An e-moto rider strikes a pedestrian on a sidewalk

The claim.
Negligence against the rider, and where the rider is a minor, a separate claim that a parent authorized or knowingly permitted the conduct.
Likely coverage.
Homeowners or renters liability if the policy does not exclude the machine, and from January 1, 2027 the mandatory liability insurance that a motor driven cycle must carry.
Watch out.
This is the coverage hole. Today many of these machines are uninsured and the rider is a teenager with no assets. The single most useful early step is finding out what policies exist before anyone gives a statement.

A parked car door opens into a rider

The claim.
Negligence, with the Vehicle Code duty not to open a door into moving traffic as evidence of it.
Likely coverage.
The auto liability policy on the parked car.
Watch out.
Riders often leave without a police report because the car was not moving. Without a report and the occupant's identity, the claim frequently becomes unprovable.

A pothole, a utility cut, or an unmarked construction zone

The claim.
Premises or roadway claims against the entity responsible, which is often a municipality, township, park district, or a contractor.
Likely coverage.
The public entity's coverage or self-insurance, or the contractor's general liability policy.
Watch out.
The deadline is the problem. A civil action against an Illinois local public entity or its employees generally has to be filed within one year, not two. Waiting on the two-year assumption can end the claim before anyone looks at the merits.

A battery fire, a brake failure, or a frame that came apart

The claim.
Product liability against the manufacturer, distributor, and seller, on design, manufacturing, or warning theories.
Likely coverage.
Product liability coverage in the chain of distribution.
Watch out.
Do not throw the machine away, and do not let anyone repair it. The device is the evidence. Illinois also has a statute of repose for product claims, so an older machine can be time barred even inside the injury deadline.

A rented or shared scooter

The claim.
Negligence against the operator company, plus product theories against the manufacturer.
Likely coverage.
The rental company's policy, subject to its own terms.
Watch out.
The app's terms usually contain a liability waiver and an arbitration clause with a class action waiver. Whether those are enforceable in the specific circumstances is a real question, and it is the first thing to look at rather than a reason to give up.

A delivery rider hurt on the job

The claim.
Workers' compensation if the rider is an employee, a third-party negligence claim against whoever caused the crash either way.
Likely coverage.
Workers' compensation insurance, plus the at-fault party's liability policy.
Watch out.
Delivery platforms classify riders as independent contractors, which is a contested characterization rather than a settled answer. Both tracks can matter, and the workers' compensation route has its own notice and filing deadlines.

A minor was riding, and the new age rules were not met

The claim.
Claims by and against the minor, plus the Vehicle Code provision that a parent or guardian shall not authorize or knowingly permit a child to violate the Code.
Likely coverage.
Household liability coverage, subject to the policy's exclusions.
Watch out.
This cuts both ways after January 1, 2027. An underage rider's violation becomes evidence a defense lawyer will use to shift fault onto the child, and it may expose the parent on the other side of the case.

How the new law changes the fault fight

Illinois' new e-bike framework, Public Act 104-0854, takes effect January 1, 2027. It does not create a new type of lawsuit. It creates a longer list of rules that either side can point to when fault is argued.

  • Illinois follows modified comparative fault. A plaintiff whose own contributory fault is more than 50% of the proximate cause recovers nothing, and at 50% or less the award is reduced by that percentage (735 ILCS 5/2-1116).
  • Illinois courts generally treat the violation of a safety statute as evidence of negligence rather than automatic liability. That means a rule broken on either side is argued to the jury, not applied mechanically.
  • After January 1, 2027 the new rules give defense lawyers a longer list to point at: riding on a sidewalk, riding under the new minimum age, carrying a passenger the law does not allow, tampering with the speed limiter, or operating a machine that needed a license and a plate.
  • The same list works for an injured rider when the other side broke it. A driver who parked across a bicycle lane, a shop that sold an unregistrable machine as street legal, or a public body that failed to post the signage the Act now requires are all facts worth developing.
Read our full guide to the Illinois e-bike law taking effect January 1, 2027

Deadlines that decide cases

ClaimTime to file
Personal injury735 ILCS 5/13-2022 years from the date of the injury
Wrongful death740 ILCS 180/2(d), (e)2 years from the date of death, with narrow exceptions that extend it
Against a city, village, township, park district, or other local public entity745 ILCS 10/8-101(a)1 year from when the injury was received or the cause of action accrued
Injured person was under 18735 ILCS 5/13-211(a)Generally 2 years after turning 18, though claims against public entities and product claims have their own limits
Product liability, outer limit735 ILCS 5/13-213(b)12 years from first sale by a seller or 10 years from delivery to the first user, whichever expires earlier

These are general periods, and the one that applies to your claim depends on who is responsible and when the injury was discovered. Exceptions can shorten them. Treat the earliest plausible deadline as the real one.

What to do in the first 48 hours

  • Photograph the scene, the vehicles, the device, the road surface, and every visible injury before anything is moved or repaired.
  • Keep the device exactly as it is. Do not repair it, do not discard the battery, and do not let a shop take it.
  • Photograph the manufacturer's label showing the class, the top assisted speed, and the motor wattage. That label decides which legal category applies.
  • Get a police report, even when the other vehicle was parked or the rider seems unhurt.
  • Collect names, phone numbers, and insurance information for every driver, rider, and witness.
  • Get medical attention the same day, because a documented record close in time to the crash is difficult to reconstruct later.
  • Save the app, the rental agreement, the receipt, and the sale paperwork if a rented or newly purchased machine was involved.
  • Do not give a recorded statement to an adjuster before you have talked to a lawyer.

How REAL Law Group helps

Injury claims, through our network

For injury cases we connect you with experienced personal injury attorneys through the network REAL Law Group works with, the same way we handle car and truck collision matters. Those cases are handled on a contingency-fee basis, meaning no attorney's fees unless there is a recovery, with the treatment of case costs and expenses set out in a written fee agreement before anything begins.

A machine sold to you as something it was not

Public Act 104-0854 makes it an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act for a retailer, wholesaler, distributor, or manufacturer to market a motor driven cycle in a way that would lead a consumer to believe it is exempt from licensing, titling, registration, and insurance. The firm already litigates under that statute in its privacy practice. Bring the advertisement, the invoice, and the label.

Citations, impoundment, and what a violation means for you

The Act lets law enforcement confiscate and impound both micromobility devices and motor driven cycles at its discretion, and charge a fee to release them. Tell us what the notice says and what happened, and we will tell you where you stand and point you to the right counsel if the matter falls outside what the firm handles.

Free consultations, in three languages

Consultations cost nothing and are available in English, Spanish, and Polish. Nothing on this page is legal advice, and contacting the firm does not by itself create an attorney-client relationship.

Frequently Asked Questions

The categories are the same as in any Illinois injury claim: medical expenses already incurred and reasonably expected in the future, lost wages and lost earning capacity, pain and suffering, disability and disfigurement, and damage to the bike itself. What a particular claim is worth depends on the injuries, the medical record, the available insurance, and how fault is apportioned, so no honest lawyer will quote you a number before reviewing the file. Illinois also reduces an award by the injured person's own share of fault, and bars recovery entirely if that share exceeds 50%.
It depends on what policies exist, and finding them is the first job. A household homeowners or renters policy may respond to the rider's negligence, though many of those policies contain a motorized vehicle exclusion whose application to a high-powered electric machine turns on the wording. Your own uninsured motorist coverage may apply depending on how your policy defines a motor vehicle. Where the rider is a minor, the Vehicle Code provision barring a parent from authorizing or knowingly permitting a child to violate the Code can matter. From January 1, 2027 machines over 750 watts are required to carry liability insurance, which should improve the picture going forward.
For most personal injury claims, two years from the date of the injury under 735 ILCS 5/13-202. There are shorter and different deadlines that catch people out. A civil action against a city, village, township, park district, or other local public entity generally must be filed within one year under 745 ILCS 10/8-101, which matters when the cause was a pothole, a utility cut, or an unmarked work zone. Wrongful death is two years from the date of death. A person injured before turning 18 generally has two years after their eighteenth birthday, but that does not rescue a claim against a public entity or a product claim past its own limits. Because the applicable deadline depends on who is responsible, it is worth asking early rather than assuming two years.
It is a fact the other side will use, not an automatic loss. Illinois generally treats the violation of a safety statute as evidence of negligence rather than as automatic liability, and Illinois uses modified comparative fault, so a jury allocates percentages. Being on a sidewalk, being under the new minimum age, carrying a passenger the law does not permit, or riding a machine that needed a plate are all things a defense lawyer will raise. None of them ends a claim by itself, and a driver who ran a light is still a driver who ran a light. Tell your lawyer about it early so it is handled rather than discovered.
Read the notice first, because what it is determines what happens next, and the deadline on it is usually short. Public Act 104-0854 also lets law enforcement impound a micromobility device or a motor driven cycle at its discretion and charge a reasonable fee to release it, with that fee waived on verifiable proof the machine was stolen at the time. Separately, the Vehicle Code says a parent or guardian shall not authorize or knowingly permit a child to violate the Code, so a parent can have their own exposure. Bring the paperwork and we will tell you where you stand and refer you to the right counsel if it is outside what the firm handles.
You may. Section 11-1403.4(i) of the Vehicle Code, added by Public Act 104-0854, bars a retailer, wholesaler, distributor, or manufacturer from marketing, advertising, labeling, or offering a motor driven cycle for sale in a manner that would reasonably cause a consumer to believe the machine is not subject to the licensing, titling, registration, and insurance requirements. A violation is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, it is enforceable by the Attorney General and State's Attorneys, and it carries a civil penalty of up to $10,000 per violation with each mislabeled machine counted separately. What an individual buyer can pursue depends on what was represented and what the purchase cost, so bring the listing or advertisement, the invoice, and photographs of the label.
That is a product liability claim, and the most important thing is preservation. Keep the machine and the battery exactly as they are, do not have it repaired, and do not let a retailer take it back before it has been examined. Battery fires, brake failures, and frame or fork failures are the common patterns. Illinois has an outer time limit for product claims of twelve years from the first sale by a seller or ten years from delivery to the first user, whichever expires first, so an older machine can be barred even inside the ordinary injury deadline.
Possibly, and the waiver is the first thing to examine rather than a reason to stop. App terms for shared scooters typically include a liability release together with an arbitration clause and a class action waiver. Whether those provisions are enforceable against a particular claim, and whether the claim is really against the operator or against the manufacturer of the scooter, depends on the terms and the facts. Save the ride record in the app before it disappears.
Nothing for the consultation. Injury cases are handled on a contingency-fee basis through the network of personal injury attorneys REAL Law Group works with, meaning there are no attorney's fees unless there is a recovery, and how case costs and expenses are treated is set out in a written fee agreement before any work starts. Consultations are available in English, Spanish, and Polish.
No. Public Act 104-0854 takes effect January 1, 2027, so a crash before that date is governed by the law in force at the time. That still leaves plenty to work with, since the existing Vehicle Code already sets rules for low-speed electric bicycles, and ordinary negligence principles do not depend on the new Act at all. If your crash is recent, the deadline is running under current law regardless.

Tell us what happened

A consultation costs nothing and there is no obligation. Bring the police report if you have one, photographs of the machine and its label, and any letter you have received from an insurer.

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