E-scooters and electric mopeds are popular in the Netherlands, especially in busy cities. Unfortunately the number of accidents is rising too. Handling such an accident legally is often complex: not every e-scooter is allowed on public roads, and insurance does not always cover the loss. This article deals with personal injury in e-scooter and moped accidents.
This article explains step by step what to do after an accident with an e-scooter or moped, who is liable, which heads of damage you can claim, and how Arslan Advocaten helps you free of charge to get your full loss compensated in an e-scooter or moped injury case.
1. The legal status of e-scooters and electric mopeds
In the Netherlands, e-scooters may only be used on public roads if they have been approved by the RDW.
- An approved e-scooter: counts as a motor vehicle. The rider must take out third-party liability insurance.
- An unapproved e-scooter: is officially not allowed on the road. In an accident the rider is often regarded in law as uninsured.
For electric mopeds (light moped or moped) the position is clearer:
- The rider is required to be insured.
- The owner of the moped is usually liable if they are at fault for the accident.
Even so, disputes often arise over who is liable — particularly where several vehicles or pedestrians are involved.
2. Who is liable in an e-scooter or moped accident?
The overview below sets out the possible liabilities in e-scooter and moped injury cases.
a. Another road user is at fault
If you are hit by a car or lorry while riding an e-scooter or moped, the driver of that vehicle is usually liable. Where a motor vehicle meets a non-motorised road user (a cyclist or pedestrian), the 50% rule also applies: the vulnerable road user is in principle compensated for at least 50% of their loss, even where partly at fault.
b. You cause the accident
If you are at fault yourself, you bear the loss in principle. If, however, you have occupant indemnity insurance (SVI) or personal accident insurance, part of your personal injury may still be compensated.
c. The road authority is responsible
Was the accident caused by poor road surface, slipperiness or unclear traffic situations? The municipality or road authority can then be held liable under Article 6:174 of the Dutch Civil Code (defective structure).
d. An accident during working hours
Do you ride an e-scooter or moped for work (as a delivery rider or courier, for instance)? Your employer may then be liable under Article 7:658 of the Dutch Civil Code (employer’s liability). Even if you were partly at fault yourself, the employer usually remains obliged to compensate the loss.
e. A minor as rider
If the rider is under 14, the parents or guardians are liable for the damage they cause.
Read also: employer’s liability in workplace accidents and liability in traffic accidents.
3. What to do immediately after an accident
Recording the accident properly is crucial if you want to recover your loss later. So always follow these steps:
These steps matter above all in e-scooter and moped injury cases.
- Stay calm and get yourself to safety.
- Note the details of everyone involved (names, registration numbers, insurance details).
- Photograph the scene – vehicles, road surface, traffic signs, damage.
- Complete the accident statement form or have the police draw up a report.
- See a doctor straight away, even for mild complaints. The medical record is important evidence.
- Keep receipts for medical costs, travel costs and aids.
- Contact a specialist 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 heads of damage can you claim in an e-scooter or moped injury case?
Personal injury covers all the financial and non-material loss flowing from the accident. The most common heads of damage are:
a. Medical costs
Costs of hospital, physiotherapy, medication or aids that your health insurer does not reimburse.
b. Loss of income
If you can work less, temporarily or permanently, you can claim loss of earning capacity. Missed overtime or bonuses fall under this too.
c. Compensation for pain and suffering
Compensation for pain, grief, psychological complaints and loss of enjoyment of life. The level depends on the severity and duration of the injury. Read more: Compensation for pain and suffering in personal injury.
d. Household help and informal care
If you temporarily cannot clean, cook or care for children, the cost of hired or informal help can be compensated.
e. Travel costs and other expenses
Costs of transport to doctors, parking, aids or communication with authorities.
f. Adaptations to home or vehicle
With permanent injury (such as paraplegia or amputation), adaptations to the home or car can be fully compensated.
g. Damage to clothing and personal belongings
Think of a helmet, glasses, phone or clothing damaged in the accident.
An experienced personal injury lawyer draws up a complete schedule of loss so that no item is forgotten. Read also: calculating personal injury compensation.
5. Evidence and limitation
Evidence
It is for the injured party to show that the other is liable. Important evidence includes witness statements, photographs of the accident site, medical reports, the accident statement form or police report, and correspondence with the insurer. A lawyer helps gather this evidence and put it on a sound legal footing.
Limitation
A claim for compensation is in principle time-barred after five years from the day you know who is liable and that loss has been suffered (Article 3:310 of the Dutch Civil Code). For minors this period only starts to run from their 18th birthday.
6. An example from practice
A meal delivery rider was injured when he swerved on his electric moped to avoid a suddenly opening car door. The driver had not looked and was held fully liable. Our lawyers ensured that the entire loss — including loss of income and compensation for pain and suffering — was recovered from the insurer.
7. Why choose Arslan Advocaten
Arslan Advocaten specialises in traffic and personal injury cases. We help victims of e-scooter and moped accidents throughout the Netherlands. Contact us without obligation about an e-scooter or moped injury claim.
Free of charge for victims: we recover our costs from the liable party.
We take the whole process off your hands — from holding the other party liable to the final settlement — so you can focus on recovery. Contact Arslan Advocaten without obligation for legal advice on your situation.
Related legal services
Read also
- Medical error in anaesthesia: liability and compensation
- Compensation as a passenger in a traffic accident: what are your rights?
- Personal injury involving minors: what parents need to know after an accident
Frequently asked questions
When is an e-scooter insured, and what does that mean for my liability in an accident?
An approved e-scooter counts as a motor vehicle and requires third-party liability insurance, so the owner and rider are liable in an accident. Unapproved e-scooters are often uninsured, which means you bear the loss yourself.
Who is usually liable in an accident involving an electric moped or e-scooter?
If you were hit by another vehicle, the driver of that vehicle is usually liable. Where you are at fault yourself, the loss may be covered by insurance, and where the road surface is poor the road authority may be liable.
What should I do immediately after an accident with an e-scooter or moped?
It is important to record the situation straight away by taking photographs and gathering witnesses, and to contact your insurer and a legal adviser as soon as possible for further help.
Are parents liable if a minor rider causes an accident?
Yes: for riders under 14, the parents or guardians are liable for the damage caused. For older young people, the rider’s own liability is often considered.
