Mobility Scooter Accident Claims Guide – How To Claim Compensation For A Mobility Scooter Injury

Mobility scooter accident claims

Mobility scooter accident claims

By Olivia Edmonds. Last Updated 10th February 2021. Welcome to our mobility scooter accident claims guide. If you are using a mobility scooter and are injured in a mobility scooter accident, you may be wondering if you could claim for your mobility scooter injuries. Likewise, if you have been struck or run over by a mobility scooter, you may be wondering if you could claim mobility scooter accident compensation. This is what this guide aims to provide information on. Within the below sections, you will find out all about mobility scooter accident statistics, along with different incidents that could lead to a claim, from a mobility scooter bus accident to a mobility scooter lift accident and much more besides.

We will also take a look at how a personal injury solicitor could help you claim compensation for a mobility scooter accident claim, along with explaining how our service could help. Should you wish to contact us to clarify anything contained in the guide below, or for free advice on any aspect of making a mobility scooter accident, you could reach us on 0800 073 8801. Otherwise, why not read on to find out more.

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A Guide To Mobility Scooter Accident Compensation Claims

Making a mobility scooter accident compensation claim could be done with the help of a personal injury lawyer. But how do you know whether you could have a claim? This guide aims to shed more light on an accident with a mobility scooter, what injuries it could cause, and when you could make a claim for one. This could include what happens if a mobility scooter crashes into a car or mobility scooters and accidents that concern other pedestrians. We also look at the personal injury claims time limit that could apply in these cases, along with discussing how a No Win No Fee solicitor could really help you to make a mobility scooter accident claim.

What Is A Claim For A Mobility Scooter Accident?

According to the DfT, in 2018, there were 43 accidents causing injury reported with 15 of these causing serious injury and 28 causing slight injuries. A claim for a mobility scooter accident would be one that was not your fault. Whether you were knocked over by a mobility scooter, or you were in a mobility scooter that was in a crash with another vehicle that was not your fault, there could be a liable party that could compensate you for your injuries. If you wish to make a claim, then you would need to be able to prove that the mobility scooter accident was not your fault. A personal injury lawyer could help you with this.

Firstly though, let’s take a look at the time limits for claiming. The personal injury claims time limit in many of these cases, just like most personal injury claims is 3 years. This limitation period starts the day of your accident. There are a few exceptions that might be relevant to your specific case, however. These generally cover your capacity to claim, whether something was discovered afterwards that proved liability, or if you were claiming on behalf of a child.

We could help work out which limitation period applies to your case and when the limitation period begins once we have all the specifics of your case to hand, so don’t hesitate to call us to check into this. If you are within the period and your mobility scooter accident was someone else’s fault, then you could go ahead and look into making a mobility scooter injuries claim.

The Highway Code And Mobility Scooters

The government, and indeed the Highway Code, provides information on the safe operation of this type of vehicle. In terms of usage, you are only allowed to use a mobility scooter or powered wheelchair in the following circumstances:

  • If you are bringing the powered wheelchair or mobility scooter to a place of repair or maintenance or back from a place like this.
  • You are undergoing training to use the powered wheelchair or mobility scooter as you are disabled
  • You are giving a demonstration of the workings of the vehicle in order to sell it
  • You experience difficulties walking, due to an injury, a medical condition or a physical disability

If you are operating a Class 3 invalid carriage, your powered wheelchair or mobility scooters must have the features following:

  • If utilising the mobility scooter on a dual carriageway, for example in an A19 mobility scooter accident, an amber light that flashes must be used
  • You must have a mirror (rear view)
  • You must have a horn that is audible
  • You must have indicators showing the direction that could double up as hazard warning lights
  • You must have lights and reflectors at the front and rear
  • You must have an effective braking system
  • You must travel at a maximum of 8 miles per hour
  • You must have a device that limits speed to 4 miles per hour
  • Your scooter must be 0.85m maximum
  • Your scooter must be 150Kg maximum when unladen.

This is highly important. If your scooter does not have these features, then the police could stop your mobility scooter.

When it comes to eyesight requirements, this could be somewhat of a grey area. There is no specific legal requirement but the ‘rule of thumb’ could be considered being able to read a number plate of a vehicle that is 12.3 metres from you. It is your responsibility to check that this is the case, and you should regularly assess that you are able to do so. If your eyesight could be to blame for a mobility scooter accident, then you might have to pay compensation to an injured party.

Accidents Which Could Commonly Happen To Mobility Scooters

There are a variety of different accidents regarding mobility scooters, and each of these could cause mobility scooter injuries. Some circumstances could include:

  • Faults that occur to mobility scooters that could cause a mobility scooter accident
  • Poor eyesight in operators that leads to a mobility scooter accident
  • Carelessness in operators that leads to a mobility scooter accident
  • Potholes or road obstructions that could cause mobility scooter incidents

These are just a few examples of the causes of mobility scooter accidents. If you have had an accident in another way concerning a mobility scooter, then you might want to contact us to see if you could claim mobility scooter accident compensation.

Injuries Which Could Be Caused By Mobility Scooter Accidents

As there are so many ways in which a mobility scooter accident could occur, there are a wide range of injuries that could be inflicted by a mobility scooter accident. These mobility scooter injuries could include:

  • Broken bones
  • Sprains or strains
  • Lacerations
  • Whiplash
  • Head injuries

And more…

In terms of assessing your injuries after a mobility scooter accident, you might be asked to visit the office of an independent medical expert. They would assess what has happened to you, report on your injuries and condition and determine your likely prognosis. This report could form the basis of your mobility scooter accident claim evidence.

Mobility Scooter Accidents Caused By Mechanical Faults

If you have suffered mobility scooter injuries because of a faulty mobility scooter, then you might wish to contact us to see if you could make a personal injury claim. This is because a duty of care exists from the designers and manufacturers of mobility scooters towards their users.

Unless it is safe to use, a mobility scooter should not be released for sale/hire. The mobility scooter involved in the accident should have undergone testing to ensure that it is safe for use. If it has not been, and a fault occurs, and you suffer injuries in a mobility scooter accident because of this, then you could consider making a claim. It would be wise for you to report the fault to the manufacturer, and also take photographs of the scooter’s condition. You should never operate a faulty mobility scooter knowingly, as this could put the liability for an accident on your shoulders.

Mobility Scooter Road Traffic Accidents

A road accident with a mobility scooter could occur in a number of ways. If you are following all the rules and you are injured by the fault of another road user, you could make a claim. These rules include:

  • Travelling at 8mph as a maximum
  • Not driving on bus lanes, cycle lanes or motorways, or roads that have a speed limit of more than 50mph.

If you have fallen foul of the rules and your mobility scooter crashes into a car or causes a mobility scooter bus crash, then you could be seen as liable for any injury claims that result from the accident.

Mobility Scooter Pedestrian Or Pavement Accidents

As well as road rules, there are also pavement rules to follow when it comes to the use of a mobility scooter. If you are on a footpath or other pedestrian areas, you can only travel at a maximum of 4 miles per hour and can’t use cyclist only paths.

There are also some parking restrictions to be aware of, and these are the sorts of restrictions that apply to all other types of vehicles. If you were to break the pavement rules or parking rules and a mobility scooter accident happens, then you could be seen as to blame.

Could I Claim If Struck By A Mobility Scooter?

If you were to be struck by a mobility scooter, you might look into making a mobility scooter accident personal injury claim. This sort of accident could happen for a number of reasons, from a mobility scooter operator that is driving without care, to someone driving too fast, to someone who crashes into you because of poor eyesight.

Whether a mobility scooter has run over your foot/feet or has knocked you down, if it is someone else’s fault, you could look into making a personal injury claim.

Different Types Of Compensation You Could Claim

When you are injured in a mobility scooter accident, you might be wondering what types of mobility scooter accident compensation you could claim.

In terms of your initial injury, you could claim general damages. This is the amount of compensation that is meant to compensate you for the suffering and pain you have had to go through because of your mobility scooter accident. It could include physical injuries such as broken bones, sprains, back injuries and more. It could also include mental injuries, both as a result of a blow to the head and because of trauma surrounding the accident.

As well as this, you could look at claiming special damages. These relate to actual and prospective financial costs relating to your mobility scooter accident claim. There are a number of costs that could be included in this sector. These could be losses of earnings that you’ve already experienced because you have needed time off work and recovered and could include losses of earnings you might be likely to lose out on going forward, because you may have to have further surgery etc. You could also include travel costs directly relating to your accident and medical costs too. If you have needed someone to come into your home to look after your day to day needs after an accident, care costs could be considered as part of your claim too.

Mobility Scooter Accident Compensation Calculator

When it comes to some websites, it could be possible for you to use a personal injury claims calculator to give a rough estimate of your claim’s value, but this is only ever a rough guide. In the table below, you’ll find an alternative to this kind of calculator, in the form of a table detailing injuries and the relevant payment brackets from the Judicial College guidelines.

Kind of injuryExplanationPayout bracket
Fracture to forearm – simpleNo further detail required£6,190 to £18,020
Minor brain or head injuryAny brain damage would be minimal£2,070 to £11,980
Arm injuries – SevereThis could relate to arm injuries that are very serious, but where there is no amputation necessary£90,250 to £122,860
Arm injuries – Less severeDisabilities would exist but with significant recovery occurring or expected£18,020 to £36,770
Elbow injuries – Less SevereNo major surgery needed, but impairment of the function of the elbow could be present – no significant disablement£14,690 to £30,050
Leg injuries – SevereJust short of amputation£90,320 to £127,530
Leg injuries – Less seriousSerious injuries to the soft tissue and fractures that do not have a complete recovery£16,860 to £26,050
Toe injuries – Amputation of Great toeNo further detail neededIn the region of £29,380
Toe injuries – SevereOften caused by crushing, just falling short of requiring an amputation£12,900 to £29,770
Toe injuries – SeriousCrushing and multiple fractures could be included within this bracket£9,010 to £12,900
Toe injuries – ModerateFractures could be included within this injury bracketUp to £9,010

If your injury doesn’t appear in this table, then do not hesitate to get in touch, and our friendly advisors would be able to offer some guidance on a number of different injuries you might have sustained that are not listed here. After all, there are so many different types of mobility scooter injuries that could be inflicted in a mobility scooter accident.

No Win No Fee Compensation Claims For A Mobility Scooter Accident

If you’re considering making a No Win No Fee mobility scooter accident claim, then you might want to be in possession of all the information relating to how this payment structure works. In simple terms, an agreement would be made with your personal injury solicitor as to the percentage of your compensation that would be taken as legal fees once a successful settlement was reached. You do not have to worry that the majority of your payout would be taken, however, as it’s legally capped. Once this agreement has been signed, then your lawyer would go ahead and start putting your claim together for you.

Once the settlement has been made, the legal fees would be deducted from the settlement, and they would go to your lawyer. If the claim did not result in a settlement then you would not be required to settle legal fees. The benefits of this could be:

  • Reduced financial risk
  • The knowledge that the solicitor would only be taking on claims they felt had a strong chance of success
  • Transparency on how much of the settlement you’d receive
  • Your solicitor is impacted by the compensation settlement so they naturally would be working to get you the maximum payout possible

We would be delighted to talk you through this way of claiming for a mobility scooter in a crash in more detail if you have further questions on how it works. Just call our team and we’ll explain whatever you need to know.

How Accident Claims UK Could Help You

If you’re looking at claiming mobility scooter accident compensation, it could be very useful to know all the facts about making a claim for compensation before you go ahead and do so. Accident Claims UK could help with providing any further information you might need, such as working out who could be liable for your claim, to explaining in further detail the No Win No Fee process.

Not only could we assess the validity of your claim for you, but we could also provide you with a road accident solicitor to help with your accident claim. We work with a panel of personal injury solicitors with relevant experience in this aspect of personal injury law and we would be delighted to help connect you with one.

Contacting Our Accident Claims Team

Are you ready to make a mobility scooter accident claim? Or would you prefer to get some more advice and support first? Whether you’re looking to clarify your position insofar as whether you could be in a position to make a claim with a personal injury solicitor, or you’d like more information regarding making a No Win No Fee arrangement with a personal injury solicitor, we’d be glad to help you.

Our friendly, compassionate team are on hand to help advise you on any aspect of making a claim and we could even help to find you a great accident claim lawyer who could be on your side, fighting your corner, right through your claim.

All you need to do is either pick up the phone and dial 0800 073 8801 or use the live chat or contact form on the site. We’re available any time, so you can get in touch at a time that’s convenient for you – we’re always ready to hear what you have to say.

Reference Materials

Below, we offer some further reading that you might find beneficial.

Rules surrounding scooters and wheelchairs – Here, you could read about the government’s rules for this type of vehicle.

Equipment you might need – Here is the NHS page on wheelchairs and scooters.

Claiming for someone else – If your loved one was injured in this type of accident, you might be able to claim on their behalf.

Serious injuries – Here, you will find out more information on serious injury claims.

Council claims – If you might have a claim against the council, then this guide could be useful.

Mobility Scooter Accident Claims FAQs

Here are some frequently asked questions regarding mobility scooter accident claims.

What is the law regarding mobility scooters on the road?

Mobility scooters that fall within a class 3 category and are registered with the DVLA can be used on public footpaths and highways.

What is the speed limit for a mobility scooter?

The use of mobility scooters is restricted to a 4mph speed off-road and an 8mph speed on the road.

Thank you for reading our mobility scooter accident claims guide. Please don’t hesitate to get in touch if you have any questions or would be interested in our legal services.

Article By J.