E-steps and electric scooters are popular in the Netherlands, especially in busy cities. Unfortunately, the number of accidents is also increasing. The legal handling of such an accident is often complex: not every e-step is allowed on public roads, and insurance does not always cover the damage.
In this article, we explain step by step what to do after an accident involving an e-step or scooter, who is liable, which types of damage you can claim, and how Arslan Advocaten helps you free of charge to obtain full compensation for your damages.
1. Legal status of e-steps and electric scooters
In the Netherlands, e-steps are only allowed on public roads if they have been approved by the RDW.
- Approved e-step: is classified as a motor vehicle. The driver is required to take out third-party liability insurance.
- Non-approved e-step: is officially not allowed on the road. In the event of an accident, the driver is often legally regarded as uninsured.
For electric scooters (low-speed or standard moped), the situation is clearer:
- The rider is required to be insured.
- The owner of the scooter is usually liable if they are at fault for the accident.
Still, disputes often arise about who is liable—especially when multiple vehicles or pedestrians are involved.
2. Who is liable in an e-scooter or scooter accident?
a. Another road user is at fault
If you, as an e-scooter or scooter rider, are hit by a car or truck, the driver of that vehicle is usually liable. In addition, when a motor vehicle faces a non-motorized road user (such as a cyclist or pedestrian), the 50% rule: the vulnerable road user will, in principle, have at least 50% of their loss compensated, even if they are partly at fault.
b. You cause the accident
If you are at fault for the accident, you are generally liable for the damages. However, if you have a occupants’ damage insurance (SVI) or an accident insurance, then (a part of) your personal injury damages can still be compensated.
c. The road authority is responsible
Was the accident caused by poor road surface, slipperiness, or unclear traffic situations? Then the municipality or road authority can be held liable under Article 6:174 of the Dutch Civil Code (defective structure).
d. Accident during working hours
Do you ride an e-scooter or scooter for your work (for example as a delivery person or courier)? Then your employer may be liable on the basis of Article 7:658 of the Dutch Civil Code (employer’s liability).
Even if you were partly at fault yourself, the employer is usually still required to compensate for the damage.
e. Underage driver
If the driver is younger than 14, the parents or guardians are liable for the damage he or she causes.See also: employer’s liability for workplace accidents and liability for traffic accidents
.
3. What should you do immediately after an accident
- Proper documentation of the accident is crucial to recover your losses later. Therefore, always follow this step-by-step plan:
- Stay calm and get yourself to safety.Note the details of all parties involved
- (names, license plate numbers, insurance details).Take photos of the scene
- – vehicles, road surface, traffic signs, damage.Fill out the claim form
- or have the police draw up an official report.See a doctor immediately
- , even with mild symptoms. The medical documentation is important evidence.Keep receipts
- of medical expenses, travel expenses and assistive devices.
Contact a specialized personal injury lawyer.
A lawyer can assess who is liable, hold the other party liable, and negotiate with the insurer on your behalf.
4. Which types of damages can you claim?Personal injury damages
consists of all financial and non-material damage resulting from the accident. Below are the most common heads of damage:
a. Medical expenses
Costs for hospital, physiotherapy, medications or assistive devices that are not reimbursed by your health insurer.
b. Loss of incomeIf you can work less temporarily or permanently, you can loss of earning capacity
claim. Missed overtime or bonuses are also included.
c. Pain and suffering compensationCompensation for pain, sorrow, psychological complaints and loss of enjoyment of life. The amount depends on the severity and duration of the injury. Read more: Pain and suffering compensation in personal injury
.
d. Household help and informal care
If you temporarily cannot clean, cook or care for children, the costs of hired or informal help can be reimbursed.
e. Travel expenses and other expenditures
Costs for transportation to doctors, parking fees, assistive devices, or communication with authorities.
f. Adaptations to the home or vehicle
In cases of permanent injury (such as a spinal cord injury or amputation), adaptations to the home or car can be fully reimbursed.
g. Damage to clothing and personal belongings
Such as a helmet, glasses, phone, or clothing that were damaged during the accident.An experienced personal injury lawyer prepares a complete schedule of damages so that no item is overlooked. Also read: calculate personal injury compensation
.
5. Evidence and limitation period
Evidence
It is up to the injured party to prove that the other party is liable. Important evidence includes witness statements, photos of the accident location, medical reports, the accident report form or police report, and correspondence with the insurer. A lawyer helps to gather and legally substantiate this evidence.
Limitation periodThe claim for damages generally becomes time-barred after five years
from the day on which you know who is liable and that damage has been suffered (Article 3:310 BW). For minors, this period does not start to run until their 18th birthday.
6. Practical example
A food delivery rider was injured when he swerved on his electric scooter to avoid a suddenly opened car door. The motorist had not looked and was held fully liable. Our lawyers ensured that the full damages — including loss of income and compensation for pain and suffering — were recovered from the insurer.
7. Why choose Arslan AdvocatenArslan Advocaten
is specialized in traffic and personal injury cases. We help victims of e-scooter and scooter accidents throughout the Netherlands.Free of charge for victims:
we recover our costs from the liable party.We take the entire process off your hands — from liability claim to final settlement — so you can focus on recovery. Feel free to contact Arslan Advocaten
for legal advice about your situation.
