E-scooters and electric scooters are popular in The Netherlands, particular in busy cities. Sadly, the number of accidents are also increasing. The legal handling of such an accident is often complex: not every e-scooter is allowed on public roads, and insurances do not always cover the damages.
In this article we explain step by step what to do after an accident with an e-scooter or scooter, who’s liable, which damages you can claim, and how Arslan Lawyers can help you to get your whole damage reimbursement.
1. Legal status of e-scooters and electric scooters
In the Netherlands, e-scooters are only allowed on public roads if approved by the RDW (National vehicle authority).
- Approved e-scooter: is considered a motor vehicle. The driver is obliged to have a insurance.
- Unapproved e-scooter: may not legally be on the road. In an accident, the driver is often considered uninsured.
The situation is clearer with electric scooters (mopeds or motor scooters):
- The driver must be insured.
- The owner of the scooter is usually held liable if they are at fault in the accident.
Still, debates often arise about who is liable — especially when multiple vehicles or pedestrians are involved.
2. Who’s liable in an e-scooter or scooter accident?
a. Another road user is at fault
If you as an e-scooter or scooter driver are hit by a car or truck, the driver of that vehicle is usually liable. In the case of a motor vehicle versus a non-motor vehicle (such as a cyclist or pedestrian) the50%-rule applies: the vulnerable road user generally gets at least 50% of the damage reimbursed, even if they are partly at fault.
b. You caused the accident
If you are at fault in the accident, you generally have to bear the burden of the damages. However, if you haveoccupants insurance (SVI)or anaccident insurance, your injury can still be compensated.
c. The road administrator is responsible
Was the accident caused by poor road surface, slipperiness or unclear traffic situations? Then the municipality or road manager can be held liable based on article 6:174 BW (defective property).
d. Accident during work hours
Are you on an e-scooter or scooter for your job (like as a deliverer or courier)? Then your employer can be held liable based onarticle 7:658 BW (employer’s liability). Even if you made an error, the employer generally still has to compensate for the damages.
e. Underage driver
If the driver is younger than 14, the parents or guardians are liable for the damages that he or she caused.
Also read: employer’s liability in work accidents and liability in traffic accidents.
3. What you should do immediately after an accident
Good documentation of the accident is critical to claim your damages later. Always follow these steps:
- Remain calm and get yourself to safety.
- Write down the details of everyone involved (names, license plates, insurance details).
- Take pictures of the situation – vehicles, road surface, traffic signs, damages.
- Fill out the damage form or let the police write an official report.
- See a doctor immediately, even with minor complaints. The medical documentation is important.
- Keep receipts of medical costs, travelling expenses and aids.
- Contact a specialized injury attorney.
A lawyer can assess who is liable, hold the party at fault accountable, and negotiate with the insurance company on your behalf.
4. Which damages can you claim?
Injury compensation includes all monetary and immaterial damages resulting from the accident. The most common damages include:
a. Medical expenses
Costs for hospital, physiotherapy, medication or aids that are not covered by your health insurer.
b. Loss of income
If you’re temporarily or permanently unable to work, you can claimloss of earning capacity. Missed overtime or bonuses also fall under this.
c. Compensation for pain
A compensation for pain, sadness, psychological complaints, and loss of joy of life. The amount depends on the severity and duration of the injury. Read more: Compensation for pain.
d. Household aid and care
If you temporarily can’t clean, cook or care for children, the costs for hired or informal help can be compensated.
e. Travel expenses and other costs
Costs for transportation to the doctors, parking expenses, aids or communication with agencies.
f. Adjustments to home or vehicle
In case of permanent injury (like paralysis or amputation), adjustments to the house or car can be fully compensated.
g. Damage to clothing and personal belongings
Such as helmets, glasses, phones or clothes that were damaged in the accident.
An experienced injury lawyer sets up acomplete damage statementso no compensation entry is overlooked. Also read: calculation of injury compensation.
5. Evidence and Limitation
Evidence
The party at disadvantage needs to prove that the other part is liable. Important proofs are witness statements, pictures of the accident locale, medical reports, the damage form or official report, and correspondence with the insurer. A lawyer aids with the gathering and legal refinement of this evidence.
Limitation
The claim for damage compensation generally expiresfive yearsfrom the day you know who’s liable and that damage has occurred (article 3:310 BW). For minors, this period only starts from their 18th birthday.
6. Case Study
A food courier got injured when he dodged a suddenly opening car door with his electric scooter. The car driver didn’t check and was held fully liable. Our lawyers ensured that the complete damage – including loss of income and compensation for pain – was claimed from the insurer.
7. Why choose Arslan Lawyers
Arslan Lawyers specializes in traffic and injury cases. We help victims of e-scooter and scooter accidents throughout The Netherlands.
Cost-free for victims: Our fees are claimed from the liable party.
We manage the whole process — from holding the party at fault accountable to the final settlement — so you can focus on recovery. Contact Arslan Lawyers for legal advice about your situation.
