August 8, 2025

Motorized scooters and e-scooters are an increasingly popular way to commute from place to place. Motorized scooters are especially popular in cities as a cheaper alternative to go short distances. According to Massachusetts General Laws chapter 90, section 1, a “motorized scooter” is defined as “any 2 wheeled tandem or 3 wheeled device, that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion.” As the prominence of motorized scooters continues to rise, so has the number of motorized scooter accidents. According to a study by the U.S. Consumer Product Safety Commission, injuries from e-scooters and e-bikes increased almost 21% from 2021 to 2022. The most frequent cases we see are motor scooterists struck by a motor vehicle. Therefore, it is important to know your rights and whether you are eligible for insurance coverage if you are injured while driving a motorized scooter.

In Massachusetts, Personal Injury Protection (PIP) is a form of auto insurance that covers medical expenses, lost wages and other costs resulting from a motor vehicle accident, regardless of who is at-fault. In most cases, PIP covers $8,000 in expenses. Personal Injury Protection coverage is typically provided by the vehicle’s auto insurance that contacted a pedestrian, bicyclist or scooter rider. A PIP claim is open when notice of a claim is sent to the driver’s motor vehicle insurance company. In Massachusetts, PIP usually covered pedestrians and bicyclists who are hit by a motor vehicle. However, PIP coverage for motorized scooters is a bit of a gray area.

Although the Massachusetts Supreme Judicial Court has not had any specific rulings on whether or not motorized scooters are eligible for PIP coverage, in New Jersey, a state which also has a no-fault law, the Supreme Court ruled that a Segway, with a maximum speed of 15 mph, was not eligible for PIP insurance because it was more similar to a motor vehicle than a bicycle. The court ruled that the Segway was more similar to a motor vehicle because it was not moved by muscular force and was made for use on highways. The cases we have seen in Massachusetts so far have followed a similar pattern.

In most cases, PIP does not cover motorized scooters. However, there are some rare cases where motorized scooters may be covered by PIP. Oftentimes, this comes down to the speed and ability of the motorized scooters. Today, many motorized scooters are capable of going upwards of 50 miles per hour, making it similar to a motor vehicle rather than a bicycle or pedestrian. However, the Massachusetts Registry of Motor Vehicles does not register motorized scooters because they are not recognized as motor vehicles and have operating restrictions. According to Massachusetts General Law, Chapter 90, Section 1E, motorized scooters cannot exceed 20 miles per hour. Thus, given their speed capabilities and motor strength, most motorized scooters today are considered to be similar to a motor vehicle, and insurance companies have denied injured scooter riders’ claims for PIP benefits.

But, if the motorized scooter is considered to be similar to a bicycle, then you may be entitled to PIP coverage depending on the auto insurance policy. In the cases where motorized scooter drivers have been eligible for PIP coverage, the scooter was only “lightly motorized,” meaning that the scooter was only capable of going very low speeds, making it similar to a bicycle rather than a motor vehicle. We have successfully recovered PIP benefits for our injured motorized scooter riders in some of these car accident cases.

Therefore, it is important to know the capabilities of your motorized scooter to understand whether you are eligible for PIP coverage and be prepared for the insurance company to automatically deny PIP coverage. Often, the best way to determine whether you are eligible for coverage is to file a PIP application with the auto insurance company, and the insurance company will either deny or approve the claim depending on the scooter’s capabilities. An experienced personal injury lawyer can evaluate whether the denial is proper and take the necessary steps to pursue PIP coverage.  In our office, we have seen cases where PIP has denied coverage for motorized scooters, and other times where PIP has granted coverage and made insurance payments. It is often best to file a claim with the auto insurance and see if the claim is approved, since it is often a case-by-case decision.

Although motorized scooter riders are often not eligible for PIP coverage, it is important to know that your medical expenses, lost wages, and other costs associated with an accident while you are riding a motorized scooter can still be covered. Your Health Insurance will still cover most medical expenses associated with the accident, in accordance with your policy coverage. You may also file a personal injury claim seeking compensation for lost wages, pain and suffering, and medical expenses against the at fault driver’s insurance company. This requires opening a bodily injury claim with the at fault driver’s auto insurance. Nadeau Harkavy LLC has experience representing many clients injured while riding a motorized scooter. If you have been injured while riding a motorized scooter, contact us today.

At Nadeau Harkavy LLC, we have over 60 years combined experience representing injured individuals and their families when they have been involved in a motor vehicle accident, trip and fall or other type of accident. We represent individuals riding electric scooters who have been injured in a car accident. We have recovered millions of dollars in compensation for our clients over the years to help them get on with their lives after suffering the consequences of a serious accident.  We make sure everything is done to protect your interests while you and your family concentrate on getting better. We handle all types of car accident cases including wrongful death, spinal injury, and brain injury. We represent drivers, passengers, pedestrians, bicyclists, as well as other types of car accident cases such as scooter, motorcycle, and skateboard cases. We also handle other types of injury cases such as trip and fall, slip and fall, allergic reaction, dog bite, construction site, and catastrophic injury accidents. If you or a loved one has been harmed through no fault of your own, call us today for a free consultation about your legal rights at 617-674-7640.