Who Pays For Damages In An E-Bike Accident?
E-bikes have become very popular in recent years. They are affordable and environmentally friendly ways to commute to work, or just to have a good time driving around town. They are popular also due to the fact you don't need to have a driver's license or have insurance to operate them. Of course, what happens if you have been involved in an accident with an e-bike and were injured? Or, if you were the e-bike rider and were injured? Who pays for the damages caused?
Here is some information to help you determine who is responsible for paying for any damages caused in an e-bike accident.
Motor Vehicle Accidents With An E-Bike
If the accident was between a motor vehicle, such as a car or truck, and an e-bike, it will really depend on who was at fault for the accident for who pays the damages. If the e-bike rider was following all the rules of the road, and there was no malfunction in the e-bike, then the driver of the car or truck may be responsible for paying for any damages if they caused the accident because they were distracted or somehow negligent in their care of the vehicle.
You would have to prove this in court. Many e-bike riders now wear safety cameras, which are not unlike dashcams to record their route. You can use this footage or witness statements, or even the car's own dashcam should it have one to prove fault.
Since an e-bike rider isn't required to have insurance, and if the driver was at fault, a personal injury attorney can retrieve any damages awarded by the courts via their driver's insurance. On the other hand, if the e-bike rider was at fault, then if the rider owns a car, it's possible to get the damages paid out of their own driver's insurance. If they do not have a car, then it may be possible to sue against their homeowner's or renter's insurance for payment.
Accidents With An E-Bike And Pedestrian
An accident involving a pedestrian and an e-bike is not covered under the at-fault person's car insurance so your attorney can't go that route. They may be able to file a suit to obtain damages from the rider or the pedestrian's homeowner's insurance or renter's insurance if they have it.
In some cases, the at-fault party might have to obtain damages payment via their life insurance policy. If the at-fault person does not pay the damages owed, and they do not have any type of insurance to draw from, it may be possible to garnish wages from their job. Your personal injury attorney will work with you to determine the best route to obtain compensation.