Injured by an Illegal or Modified E-Bike: Who Pays Compensation?

Electric bikes are becoming an increasingly common sight on UK roads, cycle lanes and in our towns and cities. But not every vehicle described as an “e-bike” is legally considered to be a bicycle.

Some e-bikes have been modified to travel at significantly higher speeds or use more powerful motors than the law allows. Others may have been purchased with specifications that mean they should legally be treated as motor vehicles rather than electrically assisted bicycles.

For someone seriously injured in an e-bike collision, that distinction can be extremely important.

It can affect whether the vehicle should have been insured, who may be responsible for paying compensation and how a personal injury claim should be pursued.

When is an e-bike legally an e-bike?

In Great Britain, an electric bike which meets the requirements for an Electrically Assisted Pedal Cycle (EAPC) is generally treated in the same way as an ordinary bicycle.

To qualify as an EAPC, the bike must have pedals capable of propelling it and its electric motor must:

• have a maximum continuous rated power of no more than 250 watts; and
• stop providing electrical assistance when the bike reaches 15.5mph.

A compliant EAPC does not need to be registered, taxed or insured.

However, there are increasingly powerful electric bikes available which do not meet these requirements. Bikes can also be modified after purchase to increase their power or remove restrictions on the speed at which the motor provides assistance.

Where an e-bike falls outside the EAPC requirements, it is treated as a motor vehicle and may be classed as a motorcycle or moped.

This means requirements including registration, insurance and an appropriate driving licence can apply.

Why does this matter if you have been injured?

The legal classification of the bike can have significant implications following an accident.

Someone injured by a conventional bicycle or a compliant EAPC may be able to pursue a personal injury claim against the rider if the accident was caused by their negligence. We have previously looked specifically at what pedestrians need to know if they are injured by an e-bike. However, unlike drivers of cars and motorcycles, riders of compliant e-bikes are not required to have motor insurance.

That can make recovering compensation more complicated, particularly where the rider does not have suitable insurance or sufficient personal assets.

The position may be different if the e-bike involved should legally have been classified and insured as a motor vehicle.

Establishing exactly what type of e-bike was involved can therefore become an important part of investigating a serious injury claim.

What if the e-bike was modified or illegal?

It should not simply be assumed that a vehicle was a legal e-bike because that is how the rider described it.

Questions may need to be asked about:

• the power of the motor;
• the speed at which electrical assistance stopped;
• whether the bike had been modified;
• whether speed or power restrictions had been removed;
• whether it could operate in a higher-speed or “off-road” mode;
• the make and model of the bike; and
• how the bike was being operated at the time of the collision.

In serious cases, evidence from the police, photographs or video footage, CCTV, witness accounts and examination of the bike itself may all become important.

This is one reason why obtaining specialist legal advice at an early stage following a serious e-bike accident can be particularly valuable.

What happens if the rider wasn’t insured?

This is one of the more complex issues surrounding serious e-bike accidents.

Where the vehicle was a compliant EAPC, compulsory motor insurance is not required.

However, if the bike did not meet EAPC requirements and was legally a motor vehicle, it should ordinarily have complied with the insurance and registration requirements applicable to motor vehicles.

Where an accident involves an uninsured motor vehicle, it may be possible in appropriate circumstances to pursue compensation through the Motor Insurers’ Bureau (MIB).

The MIB operates compensation schemes for eligible victims of accidents involving uninsured or untraced drivers.

Whether this route is available following an e-bike collision will depend on the individual circumstances of the accident and, importantly, the legal status of the vehicle involved.

What if the e-bike rider leaves the scene?

Cases can be particularly difficult when the person responsible for the collision does not stop or cannot subsequently be identified.

Again, early investigation can be crucial.

CCTV, dashcam footage, witnesses, photographs and police investigations may help establish both the identity of the rider and the type of vehicle involved.

Where an unidentified motor vehicle was responsible for an accident, there may also be circumstances in which an application can be made through the MIB’s Untraced Drivers Agreement.

Specialist advice should be sought about the options available in an individual case.

Serious injuries caused by e-bike collisions

Although e-bikes can look similar to conventional bicycles, collisions can cause extremely serious injuries, particularly when a pedestrian or cyclist is struck by a heavier or high-powered machine.

Injuries can include:

• serious fractures;
• head and brain injuries;
• spinal injuries;
• significant orthopaedic injuries; and
• psychological injuries following a traumatic collision.

In the most serious cases, the impact can extend far beyond the initial injury.

A person may require surgery, rehabilitation, physiotherapy or adaptations to their home. They may be unable to work for a prolonged period or need ongoing assistance from family members or professional carers.

A serious injury compensation claim should take account not only of the injury itself, but also the wider financial and practical consequences of the accident and the injured person’s future needs.

Can I claim if I was hit by an e-bike?

If you have been injured because of the actions of an e-bike rider, you may be entitled to compensation.

However, e-bike cases can present issues that do not arise in a straightforward cycling accident.

It may first be necessary to establish precisely what type of vehicle caused the accident, whether it complied with EAPC regulations and whether it should legally have been registered and insured as a motor vehicle.

At Accident Solicitors Direct, our specialist personal injury solicitors have decades of experience representing people who have suffered serious injuries in road traffic and cycling accidents.

We can investigate the circumstances of the collision, identify the appropriate route to compensation and ensure that the full impact of your injuries is considered as part of your claim.

If you or a member of your family has suffered a serious injury following an e-bike collision, contact Accident Solicitors Direct for a free, no-obligation discussion about what happened and how we may be able to help.