Mobility scooter accident claims enable users, pedestrians, and other road users to claim compensation for injuries caused by a negligent third party. Mobility scooter injuries could be caused by collisions with pedestrians or other vehicles, or by unsafe conditions on a road or pavement. Riders and other road users have a legal responsibility to ensure they do not put themselves or others in danger, whilst local councils are responsible for safely maintaining roadways and pavements. If a mobility scooter rider, a driver, local authority, or a party supplying the vehicle failed to meet their legal obligations and you were harmed, you could make a personal injury compensation claim.
Those involved in accidents with mobility scooters may often be vulnerable road users, such as pedestrians or riders. Due to their lack of protection, they are at a higher risk of sustaining more serious forms of injury. If you have been affected by any of the circumstances discussed in this guide, Accident Claims could help. We could connect you to one of our personal injury solicitors who understands the impact that your injuries may have had on you. With a proven track record in securing compensation for our clients, we will work hard to obtain a settlement which reflects your injuries and the impact they had on you.
For an assessment of your case,
- Call 0800 073 8801
- Click to start a claim.
- Talk to us live.
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Jump To A Section
- What Are Mobility Scooter Accident Claims?
- Who Could Be Responsible?
- Can I Claim Compensation For A Mobility Scooter Accident?
- What Are The Rules Around Mobility Scooter Use?
- Examples Of Accidents With A Mobility Scooter
- What Mobility Scooter Injuries Could Be Sustained After An Accident?
- How Much Mobility Scooter Injury Compensation Can I Claim?
- What Do I Need To Bring A Claim For A Mobility Scooter Accident?
- Mobility Scooter Accident Claim With Our Solicitors
- More Information
What Are Mobility Scooter Accident Claims?
Mobility scooter accident claims are the legal process by which riders, pedestrians, and other parties who have been injured because of a third party’s negligent actions, a defective scooter, or unsafe premises seek compensation.
Settlements could cover physical and psychological harm as well as financial losses, such as out-of-pocket medical expenses and lost earnings.
Please contact our team today for guidance on your rights, what you could claim, and how to do so.
Who Could Be Responsible?
Responsibility for a mobility scooter injury could rest with the user, another driver, a local authority, the party in control of a private space, or the manufacturer/ retailer. There are strict regulations on the usage of mobility scooters and powered wheelchairs, governing who may use them and when/ how they may be used. Below, we look at parties who may be responsible for mobility scooter accidents.
Drivers
All motorists owe a duty of care to one another, this includes that owed to mobility scooter riders who are considered vulnerable road users. For example, a driver may have failed to leave sufficient space when overtaking a mobility scooter on the road.
Local Councils
Local councils are responsible for maintaining pavements, pathways, and certain public roads, ensuring they are reasonably safe for use. They may be responsible where documented and actionable defects, such as potholes, caused or contributed to an accident.
Manufacturers or Retailers
Manufacturers, distributors, and retailers can be liable if a mobility scooter is unsafe due to a defect. This could include supplying a mobility scooter with defective brakes or a faulty battery, leading to an accident.
Employers or Businesses
Businesses or employers may be responsible for accidents on their property. This can include accidents in public spaces, such as shopping centres, or workplaces, such as offices. The occupier of a public space must ensure it is reasonably safe for people to use.
At Accident Claims, our solicitors have decades of experience in determining who is responsible for an accident, helping clients to make successful compensation claims. Talk to our team today to find out more about mobility scooter accident claims.
Can I Claim Compensation For A Mobility Scooter Accident?
You could claim compensation for injuries sustained in a mobility scooter accident if you can show that it was caused by someone else’s negligent actions. Claimants may be riders, the driver of another vehicle, pedestrians, and the loved ones of those unable to take legal action themselves.
All mobility scooter accident claims must meet these criteria.
- You were owed a duty of care at the time of the accident. This may be owed to you by:
- A road user, who must adhere to the Highway Code and the Road Traffic Act 1988.
- The occupier of a public space who must ensure it is safe to use inline with the Occupiers’ Liability Act 1957.
- The manufacturer, mobility organisation or rental company who provided the mobility scooter.
- The duty was breached. You need to show that the party identified above failed to meet their legal duty towards your safety. They may have failed to adhere to the Highway Code, not repaired actionable defects in a road, or supplied a defective scooter.
- This caused you to suffer a physical or psychological injury. Lastly, you need to show that the breach identified caused or contributed to your injury.
Can I Claim As A Pedestrian Hit By A Mobility Scooter?
Yes, pedestrians who have been hit by a mobility scooter could claim compensation. Whilst insurance is not compulsory for mobility scooter users, some users do have insurance in place, such as where the vehicle was obtained via a motability scheme.
Can I Claim If A Mobility Scooter Hit My Car?
You could claim if a mobility scooter hit your car due to an error by the rider, a faulty scooter, or if caused by a defect on the pavement/ road. Your compensation claim may be made against the insurance policy covering the vehicle, or against the party responsible for maintaining the road/ pavement.
Can Mobility Scooter Accident Claims Be Made On Behalf Of A Loved One?
Mobility scooter accident claims can be made on behalf of loved ones (including those with reduced mental capacity and children) who are legally unable to do so themselves. To claim compensation on behalf of a family member or loved one, you need to apply to the court to be appointed as their litigation friend.
If you are unsure whether you meet the eligibility criteria discussed in this guide, please speak to a member of our team. We can provide guidance on your eligibility and advice on the next steps involved in mobility scooter injury claims.
What Are The Rules Around Mobility Scooter Use?
Mobility scooters are governed by rules covering their use on roads and pathways. Different rules may apply depending on the classification of scooter (Class 2 and Class 3 scooters), as well as those which are “not in class”. Rules include:
- Class 2 scooters – are limited to a maximum speed of 4 mph and may be used on pedestrian areas, such as pavements and footpaths. They may only be used on the road when crossing.
- Pavement rules – must not exceed 4 mph and must give way to pedestrians.
- Class 3 scooters – limited to 4 mph on pavements and 8 mph on roads. They must have rear reflectors, mirrors, lights, indicators and a horn. They must also be registered with the DVLA.
- Road rules – must adhere to all traffic signs and signals. Must not use cycle lanes or bus lanes, should avoid dual carriageways over 50 mph and must not use motorways.
- Adherence to parking restrictions – they must follow general restrictions and not block pavements, etc.
Riders are not required to hold a driving license, unless it is “not in class”.
Do You Need Insurance For A Mobility Scooter?
There is no legal requirement for users of certain types mobility scooters to have insurance in place. However, the Department for Transport (DfT) strongly recommends that users have insurance in place to cover theft, damage, and third party liability. Motability schemes may provide insurance with vehicles and those which are not in class, weighing over 254 kilos do require coverage.
Our team can check whether a vehicle was insured and what coverage was in place.
Examples Of Accidents With A Mobility Scooter
Examples of accidents with mobility scooters can include collisions with pedestrians or other vehicles, collisions caused by brake failures, and those involving hazards on the pavement. These could include:
- Pavement defects such as potholes or raised paving slabs which cause the scooter to tip over.
- Obstructions on pavements or in public spaces, such as bins or broken street furniture which forces a rider to suddenly move out of the way, causing a crash.
- Vehicle collisions caused by cars reversing into a passing scooter or failing to stop at a crossing.
- Accidents in public places, such as supermarkets, where a poorly maintained ramp gives way, tipping the scooter and rider over.
These are just some examples of where and how a mobility scooter injury could occur. Our team includes experts with decades of combined experience in helping people claim in a variety of circumstances.
What Mobility Scooter Injuries Could Be Sustained After An Accident?
A wide range of injuries, such as soft tissue damage, bone fractures, and serious head injuries could be sustained after a mobility scooter accident. They may include,
- Brain and head injuries caused by falls from a vehicle.
- Paralysis and loss of movement following collisions with vehicles
- Bone fractures caused by accidents involving pavement defects.
- Shoulder injuries, caused by sudden collisions and similar accidents.
- Leg, knee, hip, and foot injuries, caused in various types of accidents.
- Lacerations, cuts and abrasions sustained in collisions, and falls.
These are just some of the types of injury which could be sustained in a mobility scooter accident. We are on hand 24 hours a day, 7 days a week to help with your case.
How Much Mobility Scooter Injury Compensation Can I Claim?
How much mobility scooter injury compensation you could claim is dependent on the severity of your injury, how your daily life was impacted, and what financial losses it caused. Our solicitors may refer to the Judicial College Guidelines (JCG). This contains guideline brackets for different forms of physical and psychological harm (called ‘general damages’).
We use figures from the JCG to populate the following table. Please note, the multiple injuries entry is inclusive of financial losses and is not taken from the JCG, and that your settlement may vary from these guidelines.
| Harm | Notes | Bracket. |
|---|---|---|
| Multiple injuries, with financial losses covering lost income, medical care, and travel expenses. | Severe forms of harm and financial losses. | Up to £1,000,000+ with financial losses. |
| Very severe brain damage. | The person requires full time nursing care and has little or no meaningful response. | £372,570 to £533,720 |
| Less severe brain damage. | The person can return to normal social and work life. | £20,240 to £56,890 |
| Paralysis, paraplegia. | Compensation accounts for pain, independence, and depression. | £289,420 to £375,540 |
| Severe pelvic and hip injuries (i). | Extensive pelvic fractures involving other factors, such as a ruptured bladder. | £103,580 to £172,970 |
| Severe shoulder injuries. | Those resulting in significant disabilities and involving damage to the brachial plexus. | £25,370 to £63,450 |
| Less serious leg injuries (i). | Where you do not completely recover from a bone fracture or a serious soft tissue injury. | £23,730 to £36,680 |
| Moderate knee injury (i). | Cartilage tears, dislocations, and injuries resulting in minor instability. | £19,610 to £34,600 |
| Moderate foot injury. | Displaced metatarsal fractures. | £18,150 to £33,020 |
| Modest foot injury. | Simple metatarsal fractures, ligament ruptures, and puncture wounds. | Up to £18,150 |
Can Mobility Scooter Accident Claims Cover Special Damages?
Mobility scooter accident claims can cover special damages, awarded in light of verified financial losses, including:
- Lost income if you cannot return to work, or need time off to recover from your injuries.
- Medical costs for any injuries or worsening disability as a result of your accident.
- Additional care bills, whether provided by professionals, family or friends.
- Travel costs to your medical appointments.
- Costs of repairs to your mobility scooter (or replacement if necessary).
- Rental costs if you need to rent a mobility scooter while yours is being repaired.
Losses must be verified using records such as invoices, receipts, and bank statements. Please get in touch with our team today for help estimating the value of your claim.
4.8What Do I Need To Bring A Claim For A Mobility Scooter Accident?
To bring a mobility soccer accident claim, you need to report the incident to the relevant authorities, collect evidence (such as witness contact details), act within the time limit, and follow the personal injury claims process.
Taking the following steps could help strengthen your case.
- Get medical treatment. Seeking medical care ensures your injuries are treated as soon as possible and creates an official record of how you were harmed, the treatment you needed, plus what long-term impact this will have on you.
- Report the accident. This is a crucial step, creating an official record of your accident having occurred. Depending on the circumstances of your accident, it may need to be reported to the police, your local authority, the manufacturer/ retailer, or another third party.
- Gather evidence. Once you have sought medical care and reported the incident, you should collect as much evidence as possible to prove where and how the accident happened. This may include CCTV or dashcam footage, photos of defects in the road or your injuries, and contact details for witnesses.
- Keep a diary. Record how your mobility scooter injuries impacted you such as ongoing medical issues, repeat visits for treatment, the effect on your ability to work, and any out-of-pocket expenses.
- Act within the time limit. In most instances, you have 3 years to begin the claims process, however, this can vary in certain cases. You can check how long you may have to claim in our guide to the limitation period.
- Talk to a personal injury solicitor. Our team could support you across every step of your claims journey, from enquiry to resolution of your case.
Contact Accident Claims today for tailored guidance from a personal injury solicitor.
Mobility Scooter Accident Claim With Our Solicitors
If you choose to make your mobility scooter claim with one of our solicitors, you will receive bespoke, hands-on support as well as clear legal guidance. We can handle every step in the claims process, and could offer you a No Win No Fee service, outlined below.
Why Claim With Accident Claims For Mobility Scooter Injuries?
At Accident Claims, our team understands the impact mobility scooter injuries can have on claimants. Our focus is providing you with legal support and guidance as well as help accessing rehabilitation and recovery services.
A member of our team could help you by:
- Investigating the condition of the mobility scooter and whether a design flaw or fault contributed to the accident.
- Establishing who was responsible for your mobility scooter injury, such as a driver, local authority, or other party.
- Obtaining key evidence, such as CCTV footage, accident and medical reports, and witness statements.
- Connecting you to an independent medical expert for an assessment of your injuries as well as recovery and rehabilitation services.
- Handling every aspect of the claims process, often under a No Win, No Fee agreement.
Can Mobility Scooter Accident Claims Be Made On A No Win No Fee Basis?
Mobility scooter accident claims can be made using a No Win No Fee arrangement with one of our expert solicitors. If you choose to work with us, a solicitor could offer you a Conditional Fee Agreement (CFA). This means you pay no service fees for their work prior to making a claim, whilst it is in progress, or if unsuccessful.
If you win, a small success fee will be deducted from your compensation by your solicitor. This fee is legally capped, charged as a pre-agreed percentage, and set out in your CFA. It will be fully explained to you before you sign the agreement.
Contact Accident Claims To Begin
Our team is ready to help with mobility scooter accident claims. We can provide clear, practical guidance, helping you to take the next step. You can contact Accident Claims today to begin your claim by:
- Calling us on 0800 073 8801.
- Starting your claim using our secure form.
- Using our live chat.
We are here to help you 24/7.
More Information
Find more information on personal injury claims in these resources.
- View our guide on claims for lacerations and scarring.
- Learn how to use a loss of earnings calculator.
- Learn more about special damages claims here.
Supporting references.
- Read NHS advice on using walking aids, wheelchairs, and mobility scooters.
- View the Highway Code for mobility scooter users.
- The Motability Scheme can help you find the right mobility scooter.
Whether you are ready to move forward with your case or want to know more about mobility scooter accident claims, please contact our team.
