The South Australian Government has announced that privately owned personal mobility devices ("PMDs") (such as e-scooters) will become legal to use from 13 July 2025.
It comes at a time where the media across Australia has been reporting a number of deaths and injuries from e-scooters.
Whilst the Government has implemented certain rules around the use PMDs and e-scooters (for example, speed limits, age restrictions and the use of bike lanes), there remains no regulation around licencing and registration.
The lack of registration means that there is no Compulsory Third Party insurance policy in effect. A person injured as a result of an e-scooter rider's negligence may be left with limited options to seek compensation for their injuries, particularly if the rider has limited or no assets.
When a person is injured as a result of a motor vehicle accident, the calculation of their losses is unique to their personal circumstances. Often claims total hundreds of thousands and even millions of dollars. The Compulsory Third Party insurers step in and pay those losses on behalf of the negligent driver.
Under the current laws, injured people will be left to hope that the person who injures them has significant assets to pay for their losses or has an insurance policy that will cover them if they injure someone.
If you are unfortunate enough to have been injured by someone riding an e-scooter or other PMD, you should take the following steps:
- Obtain the rider's contact details (ideally their full name, address, phone number and a photograph of their driver's licence);
- Ask the rider if they have insurance (such as home and contents insurance) and obtain details of the insurer and policy number;
- Obtain the contact details of any witnesses to the incident;
- Seek treatment for your injuries and continue to report them to your doctor on a regular basis;
- Seek legal advice early so that any liability investigations can be completed whilst evidence (for example, CCTV footage) is still available.
If you or someone you know has been injured by a PMD, Mellor Olsson has a dedicated Personal Injury team with the expertise to guide you through the complexities of seeking compensation. We're here to help you understand your rights and pursue the best possible outcome.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
