An e-scooter accident can involve a car, a pedestrian, another vehicle, or result from a pothole or a mechanical failure. To determine whether you are entitled to compensation, it is not enough to know who fell or which vehicle appeared more vulnerable: one must reconstruct the conduct, the point of impact, and the relationship between any violation and the damage.
I will explain how to distinguish between exclusive liability and contributory negligence, what consequences arise from using a sharing e-scooter, and how injuries are assessed. We will also examine why failing to wear a helmet, an irregular maneuver, or the absence of witnesses do not always lead to the same outcome.
Who is liable for the e-scooter accident
Liability follows the dynamics, not the type of vehicle. Article 2054 of the Civil Code requires anyone driving a vehicle to compensate for damages unless they prove they did everything possible to avoid them. In the event of a collision between two vehicles, a presumption of equal liability also applies until evidence allows for different percentages to be attributed.
This means that an e-scooter rider struck by a car is not automatically in the right, but nor must they accept contributory negligence simply because they were on a lightweight vehicle. Traffic lights, right of way, direction of travel, speed, visibility, and the concrete ability to brake are used to establish whose conduct caused the collision.
When a pedestrian is involved
The pedestrian is particularly protected, but their behavior may still be examined. E-scooter riders must maintain control of the vehicle and adjust their conduct to the presence of people, crossings, and obstacles. If the pedestrian performs an abnormal and truly unpredictable maneuver, their conduct may affect liability.
When a pedestrian is struck, the assessment primarily concerns the available space, the speed of the e-scooter, mutual visibility, and the location of the impact. Riding on the sidewalk, where an e-scooter may only be pushed by hand, constitutes a significant factor against the driver.
Traffic rules and contributory negligence
Violating a rule does not automatically eliminate compensation. A reduction requires a link between that conduct and the occurrence or worsening of the damage. Article 1227 of the Civil Code indeed allows for a reduction in compensation when the negligent behavior of the injured party contributed to the consequences of the accident.
National regulations require a compliant helmet, prohibit riding on sidewalks and against traffic, and permit the use of e-scooters only on urban roads with a speed limit not exceeding 50 km/h. These rules, along with obligations concerning lights, visibility, and vehicle control, are contained in the legislation amended by Law No. 177 of 2024: you can consult the relevant text published in the Official Gazette.
The causal link remains decisive. If a motorist fails to respect the right of way and strikes an e-scooter, the absence of a helmet does not explain the collision. However, it may affect exclusively head injuries that the helmet would have avoided or reduced. Similarly, a missing light becomes relevant especially if the accident occurs in the dark and the visibility issue contributed to the impact.
Insurance, identification labels, and sharing vehicles
The e-scooter must be insured for third-party civil liability. The legislation has also introduced an identification label associated with the owner. The ministerial decree of March 6, 2026, regulated the platform to request it, providing for the application of the obligation after the sixty-day transitional period. As of September 17, 2026, that period has expired: the reference is the decree on e-scooter labels.
Insurance serves to compensate third parties harmed by circulation. If you are struck by another vehicle, the claim must be addressed to the company insuring the responsible party, taking into account the procedure applicable to the type of accident. One must not assume that it is always possible to turn exclusively to one's own company: the number and nature of the vehicles, identification, and available coverages can change the correct channel.
What changes with shared e-scooters
In rentals, the owner is the operator, while the user drives the vehicle. If the rider causes the accident, the injured party may address the claim to the vehicle's coverage and the civilly responsible parties. The user's violations may generate internal relations with the operator, but they do not automatically transform the injured third party into the person who must bear the damage.
If, on the other hand, a user of a sharing e-scooter falls due to an inefficient brake, a damaged wheel, or a sudden lock, the issue does not concern driving alone. The condition of the vehicle, previous reports, the vehicle's identification, ride data, and any notice sent via the app become relevant. A merely hypothesized malfunction is not enough: it must be compatible with the dynamics and causally linked to the fall.
An unidentified or uninsured vehicle does not necessarily make all protection impossible. Under certain conditions, the Guarantee Fund for Road Victims may come into play. However, the prerequisites, covered damages, and the recipient of the claim change depending on whether the vehicle is unknown, uninsured, or insured with a company in special conditions.
What damages can be compensated
Compensation includes proven damages deriving from the accident. Material damages may include the repair or loss of the e-scooter, clothing, telephone, and other damaged items, in addition to reasonably necessary medical, pharmaceutical, and transport expenses.
Personal injuries may produce temporary disability, meaning the period during which normal activities are hindered or limited, and permanent aftereffects ascertainable by a forensic doctor. Financial consequences, such as actually lost income or future care expenses, may be added, provided they are documented and traceable to the injuries.
There is no standard amount for every fracture. The duration of the illness, the percentage of aftereffects, age, suffering, treatments undergone, and specific repercussions on daily activities all matter. Common everyday difficulties are already considered in ordinary parameters; a personalization requires peculiar consequences, described and proven without duplicating the same head of damage.
For injuries resulting from insured circulation, the criteria of Articles 138 and 139 of the Insurance Code and the relevant regulatory tables apply first and foremost, according to the date and scope of the accident. The Tables published by the Court of Milan remain important orientative criteria in the cases to which they pertain, but they do not constitute an automatic tariff nor do they replace forensic medical assessment.
How to set up a compensation claim
Preserving evidence of the dynamics
Initial elements can be decisive. If conditions permit, it is useful to photograph the position of the vehicles, damages, road signs, traffic lights, road surface, and the drivers' line of sight. The details of the people involved, insurance companies, and witnesses should be noted down, without relying solely on promises of future contact.
Police intervention allows for recording statements, traces, and the conditions of the location, but the report does not replace any other evidence. Footage from commercial establishments, security cameras, and recordings from shared vehicles can be deleted within short timeframes: their preservation must be requested without waiting for the completion of medical treatments.
Properly documenting injuries
Medical continuity links the damage to the impact. The initial medical report, examinations, prescriptions, physical therapy, and subsequent check-ups allow for understanding the clinical evolution. Unexplained interruptions or symptoms reported only much later can make it more difficult to prove that all consequences depend on the accident.
The final forensic medical evaluation normally takes place when conditions have stabilized. Accepting a settlement offer too early may prevent further claims even if greater aftereffects than expected emerge. An advance payment, on the other hand, must be formulated and received as a partial payment, without waiving the remainder.
Sending a complete claim
The request must be precise: dynamics, location, date, subjects, vehicles, coverages, material damages, and health documentation must allow the company to carry out its assessments. If the e-scooter is shared, the vehicle code, ride time, rental receipt, and communications sent to the operator are also needed.
The insurance offer must be compared with the recognized liability, documented expenses, and the evaluation of injuries. A reduced offer due to contributory negligence must indicate which behavior is attributed to the injured party: the percentage cannot be accepted as an inevitable fact if it conflicts with photographs, testimonies, or technical reconstructions.
Falls due to the road or a vehicle defect
A fall without a collision can be compensable, but not every loss of balance depends on an external party. If the cause is a pothole, an unstable grate, or an obstacle, one must demonstrate the position, dimensions, visibility, and relationship between the anomaly and the fall. The road custodian, which does not necessarily coincide with the Municipality, may raise the defense of a fortuitous event or the user's imprudent conduct.
Liability can be shared. A significant road defect may have caused the fall, while inappropriate speed or distraction may have increased its probability or consequences. A close-up photograph of the defect alone does not always show its location: overall images that allow for the reconstruction of trajectory and visibility are also needed.
An e-scooter defect follows a different path. If the brakes, accelerator, or structure do not function correctly, the responsibilities of the owner, operator, maintainer, or manufacturer may come into play. If instead the problem stems from a recently suffered impact or use contrary to the instructions, the assessment changes. The vehicle should be preserved, whenever possible, avoiding modifications that make a technical assessment impossible.
Frequently Asked Questions
Can I obtain compensation if I was not wearing a helmet?
Yes, the right is not automatically excluded. The absence of a helmet can reduce compensation only for injuries that the protection would have avoided or mitigated. It does not justify, by itself, a reduction relating to the dynamics of the collision or to damages that have no connection to the head.
Who pays if the e-scooter was shared?
It depends on who caused the accident. If a car strikes the user, the responsible party and their relative insurance answer for it. If the rider damages a third party, the e-scooter's coverage applies. A vehicle defect, on the other hand, can involve the operator, maintainer, or manufacturer, according to the ascertained cause.
Can a pedestrian struck by an e-scooter turn to insurance?
Yes, the claim can be addressed to the e-scooter's coverage, attaching dynamics, injuries, and expenses. The driver and other responsible parties can be involved according to civil rules. If the vehicle is unidentified or uninsured, the potential operation of the Guarantee Fund must be verified.
How is physical damage calculated?
Clinical healing and a forensic medical evaluation are required. Days of disability, permanent aftereffects, age, suffering, and specific proven consequences are taken into consideration. The quantification follows the regulatory criteria applicable to circulation; the Milan Tables intervene as an orientative parameter in pertinent cases, not as a fixed price for the injury.
Should I accept the insurance company's first offer?
No, the offer can be checked by comparing the percentage of liability, recognized expenses, and the quantification of injuries. Before signing a settlement receipt, it is important to understand whether medical conditions have stabilized and whether the payment definitively closes the file. An advance payment should not contain a waiver of the remainder.
Assessing liability and damages without confusing them
Dynamics and quantification are two distinct steps: first, it is established who caused the accident and to what extent, and then it is determined what consequences are proven. If the reconstruction is contested, the vehicle is shared, or the offer does not consider all injuries, you can contact me to examine possible initiatives.