When a person suffers injuries in an electric scooter accident in Michigan involving a car or truck that disabled him or her from returning to work, then they can file a No-Fault claim with the responsible auto insurance company to be reimbursed for lost wages.
People hit by cars while riding electric scooters need to know their legal rights to get medical bills and lost wages paid and how they can receive pain and suffering compensation.
As electric scooters continue to grow in popularity, more people are likely to be injured in these types of accidents in Michigan. New laws were passed in 2018 to address this growing public safety threat when Michigan lawmakers enacted “Electric Scooter Laws.”
Injury statistics involving electric scooter accidents
There has been a big increase in accidents and injuries involving electric scooters:
- Scooter-related injuries increased by 222% from 4,582 in 2014 to 14,651 in 2018
- Scooter-related hospital admissions increased by 365% from 313 in 2014 to 1,374 in 2018
- One third of people who are injured on electric scooters suffer head trauma (this is twice the number of head injuries of bicyclists)
- In 2018, people between 18 and 34 years of age had the most electric scooter injuries
- The most common injuries resulting from these types of accidents were fractures (31.7%), head injuries (40.2%), and contusions, sprains, and lacerations (27.7%)
(Sources: “Electric Scooter Injuries and Hospital Admissions in the United States 2014-2018,” JAMA Surgery, January 2020; “Injuries Associated With Standing Electric Scooter Use,” JAMA Network Open, January 2019; USA Today)
What type of accidents are covered by the No-Fault laws?
Only electric scooter accidents that involve a car or truck will be covered by the No-Fault laws because those laws only apply to accidents involving a “motor vehicle” and an electric scooter is not considered a “motor vehicle” under Michigan’s auto No-Fault insurance law. (MCL 500.3105(1); 500.3101(3)(i))
Under Michigan law, an electric scooter is considered to be a form of an “electric skateboard,” which is defined as “a wheeled device that has a floorboard designed to be stood upon when riding that is no more than 60 inches long and 18 inches wide, is designed to transport only 1 person at a time, has an electrical propulsion system with power of no more than 2,500 watts, and has a maximum speed on a paved level surface of not more than 25 miles per hour.” (MCL 257.13f) It may also have handlebars.
A person could be injured in an accident in any number of ways that do not involve a car. But when an electric scooter crash in Michigan does involve a car, then the scooter rider will have certain legal rights that would not be triggered by a “scooter-only” accident.
Who pays medical bills?
People who have been injured by a car while riding an electric scooter in Michigan will receive No-Fault PIP medical benefits to cover medical bills from a No-Fault auto insurance company. (MCL 500.3105(1))
The auto No-Fault law’s “priority” rules determine which auto insurance company will handle the injured person’s claim.
The injured electric scooter user’s No-Fault PIP medical benefits will be subject to the following limitations:
- The medical coverage level selected in the auto insurance policy through which the injured person is claiming benefits. (MCL 500.3107c(5))
- The $250,000 cap on No-Fault PIP medical benefits through the Michigan Assigned Claims Plan. (MCL 500.3172(7)(a))
If an injured person’s medical bills exceed the applicable No-Fault PIP medical benefits coverage level, then he or she may file a third-party lawsuit against the at-fault driver for both past and future “excess” medical benefits. (MCL 500.3135(3)(c))
Who pays for lost wages after?
When a person suffers injuries in an electric scooter accident in Michigan involving a car or truck that disabled him or her from returning to work, then they can file a No-Fault claim with the responsible auto insurance company to be reimbursed for lost wages. (See MCL 500.3105(1) and 500.3107(1)(b))
To learn how Michigan No-Fault laws apply in this situation and which auto insurance company will handle the injured person’s claim, read the blog post Electric Scooter Accidents.