Electric Scooter vs. Car: Who Pays for Damages in Estonia?

As summer brings more cyclists, moped riders, and electric scooter users to the streets, the potential for property damage from these lighter vehicles is a growing concern. When an electric scooter collides with a parked car or causes a traffic accident, questions arise about who is responsible for the damages and how car owners can receive compensation.

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If an electric scooter causes damage, compensation depends on the specific circumstances. It is important, for example, whether the person who caused the damage is known, what vehicle was involved, and what insurance coverages the parties have.

According to Alver Kivirüüt, an expert at LHV Kindlustus, incidents involving light vehicles are not uncommon, with police registering hundreds of violations annually. The key to compensation hinges on several factors: identifying the responsible party, the type of vehicle involved, and the insurance coverage each party possesses.

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If the mass of the electric scooter exceeds 25 kilograms and its maximum speed is between 14–25 km/h, it must have traffic insurance. If such an electric scooter causes a traffic accident, the damages to the victim will be compensated on the same basis as in a collision between two vehicles. The damages will be covered by the traffic insurance of the rider who caused the accident.

Crucially, not all electric scooters are subject to mandatory traffic insurance. The law dictates that insurance is required for scooters weighing over 25 kilograms with a maximum speed between 14 and 25 km/h. If such an insured scooter causes an accident, the victim's damages are covered by the rider's traffic insurance, similar to a collision between two cars.

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In such a case, traffic insurance will not help. The car owner can demand compensation for the damage directly from the electric scooter rider and, if necessary, turn to the court to protect their rights.

However, Kivirüüt points out that scooters not meeting these criteria, or those illegally modified to exceed 25 km/h, are considered motor vehicles and are prohibited from regular traffic. For these unregistered and uninsured vehicles, traffic insurance offers no recourse. In such cases, car owners must seek compensation directly from the electric scooter rider, potentially resorting to legal action if necessary. Alternatively, the rider's personal liability insurance, often included in home insurance policies, might cover damages, potentially extending to family members, including teenagers using the scooter.

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If the person who caused the damage has home insurance with liability insurance and coverage for light vehicle users, the insurance may also cover the damage caused to the car.