Getting hit while riding a scooter is frightening, and it gets worse when you are told no insurance covers you. None of that is your fault, and you are not alone. There is almost always more coverage available than riders are told. Rental e-scooters, private scooters and mopeds now ride in the same lanes as cars, and the injuries repeat: head injuries, broken wrists and forearms, facial injuries and road rash, because there is nothing between the rider and the road. What most riders find out later is that the insurance system was never built for them. Florida does not make you register or insure a scooter, and the state's no-fault PIP benefits do not cover two-wheeled vehicles at all. Templer & Hirsch handle the part that decides these cases: finding every policy that can pay, and saving the proof before the scooter and its ride data are gone.
Florida Scooter Accident Lawyers

Rental Scooters, Mopeds and Privately Owned Scooters

The kind of scooter changes the case. A rental e-scooter brings in the company that runs it, its repair records and its user agreement. A gas moped follows different rules and may need registration and a license, depending on the engine size and top speed. A scooter you own yourself usually leaves the at-fault driver's policy and your own household coverage as the real sources of payment. We start by pinning down exactly what you were riding, because everything else follows from that.

Crashes Caused by Drivers

Most serious scooter injuries involve a car. The same crashes keep happening: a driver turning right across a rider in the bike lane, a driver turning left across the rider's path at an intersection, a door opened into the lane, and a driver pulling out of a garage or parking lot without looking for anything smaller than a car. Florida gives you a cyclist's rights, so these are normal negligence claims, and the driver's liability policy is the first place we look.

Defective Scooters and Poor Maintenance

Not every scooter crash involves another vehicle. Brakes that fail, a throttle that sticks, a stem or fork that snaps, wheels that lock up, and batteries that quit mid-ride all cause serious injuries on their own. Those become repair or product claims against the rental company, its repair contractor, or the maker. The proof is the scooter itself, its ID number, the ride record in the app, and any earlier complaints about that same unit. All of it disappears fast, which is why these cases need to start early.

Sidewalk, Road Surface and Property Hazards

A pothole, an unmarked steel plate, a broken sidewalk edge, a drop at a curb cut, or something left in the bike lane can throw a rider at speed. Who is responsible depends on where it happened: a private owner, a contractor, or a city or county. Claims against a government body have their own notice rules and shorter real deadlines, which is one more reason not to wait.

Where the Coverage Actually Comes From

Because there is no scooter PIP, we go through the possible sources one by one: the at-fault driver's bodily injury coverage; uninsured and underinsured motorist coverage on any car policy in your household, which often covers you even though you were not in a car; the rental company's business policy; a homeowner's or property policy if a hazard caused the fall; and health insurance or a letter of protection so treatment can keep going in the meantime. Finding the second and third policy is usually what changes the result.

What To Do After a Scooter Crash

Call police and make sure a report is written, since scooter crashes are often waved off at the scene. Photograph the scooter, the roadway and the hazard before anything is moved or collected. Screenshot the ride in the app, including the times and the device number. Get medical attention the same day and tell the provider exactly how it happened. Do not give a recorded statement to any insurer, and do not accept a rental company's early settlement, before you have spoken with a lawyer. The consultation is free.

Florida Scooter Law: No Registration, No Insurance, No PIP

Florida legalized e-scooters on public roads in 2019, and the statute is short and consequential. Under Fla. Stat. § 316.2128, the operator of a motorized scooter or micromobility device "has all of the rights and duties applicable to the rider of a bicycle," and the same statute says a scooter is not required to satisfy the registration and insurance requirements that apply to motor vehicles. No driver license is required either.

Who gets no-fault PIP after a Florida crash

PIP is the medical coverage on a car policy. It pays no matter who caused the crash.

Car, SUV, pickup (4+ wheels)
$10,000 maximum
E-scooter, moped, motorcycle
No PIP at all

Florida's PIP statute defines a "motor vehicle" as a self-propelled vehicle with four or more wheels designed and required to be licensed for highway use (Fla. Stat. § 627.732). A scooter has two. There is no scooter PIP to fall back on.

$0PIP available to a scooter rider
2 yrsDeadline to sue for negligence
51%Fault share that ends the claim

What this means in practice. Because there is no scooter PIP, a rider's medical bills usually have to come from somewhere else: the at-fault driver's liability policy, uninsured or underinsured motorist coverage on a household auto policy (which can follow you onto a scooter), health insurance, a letter of protection with the treating provider, or a claim against the scooter operator or property owner where a defect or hazard caused the fall. Sorting out which of those applies in the first week is the single most useful thing a lawyer does on a scooter case.

Where We Handle Florida Scooter Accident Lawyers Cases

We handle scooter, moped and micromobility injury claims across South Florida, including:

The Attorneys Who Handle These Cases

Aventura injury attorneys David L. Templer and Mark Hirsch of Templer & Hirsch
David L. Templer and Mark Hirsch at the firm's Aventura office

David L. Templer and Mark Hirsch have practiced from the same Aventura office for more than 35 years and have recovered over $100 million for injured people. You speak with an attorney, not a case manager, and the attorney you speak with is the attorney who handles your file.

Consultations are free and there is no fee unless we recover money for you. Call 305-937-2700 or send us the details.

Frequently Asked Questions

Does my PIP cover me if I was hurt on an electric scooter?

Generally no. Florida's PIP statute defines a motor vehicle as a self-propelled vehicle with four or more wheels (Fla. Stat. § 627.732), so two-wheeled scooters, mopeds and motorcycles fall outside it. If a car hit you, that driver's liability coverage is the primary source. Uninsured or underinsured motorist coverage on a household auto policy can also apply to you as a pedestrian-equivalent, which surprises most riders.

Do I need a license or insurance to ride an e-scooter in Florida?

No. Fla. Stat. § 316.2128 says a motorized scooter or micromobility device is not required to meet the registration and insurance requirements that apply to motor vehicles, and no driver license is required to operate one. That is exactly why coverage after a crash has to be found elsewhere.

What are my rights on the road as a scooter rider?

Under Fla. Stat. § 316.2128 you have all of the rights and duties of a bicycle rider. That means drivers owe you the same care they owe a cyclist, and it also means the rules cyclists follow apply to you. A driver who turns across your path or opens a door into you can be liable in the same way as with a cyclist.

I signed the scooter app's terms. Can I still sue the company?

Often yes. Rental agreements typically include waivers and arbitration clauses, and how far those reach depends on what failed and on the specific language. A waiver aimed at the ordinary risks of riding does not automatically excuse a company that put out a scooter with defective brakes or failed to remove one that had been reported. Bring the agreement to the consultation and we will read it before anyone assumes it is fatal.

The scooter's brakes or throttle failed. Who is responsible?

That becomes a maintenance or product claim rather than a driver claim, against the rental operator, the maintenance contractor or the manufacturer. Preserve the scooter's ID number, the ride record in the app, and photographs of the device before it is collected. Those disappear quickly, which is the main reason these cases need to start early.

Do I have to wear a helmet on a scooter in Florida?

Fla. Stat. § 316.2128 does not itself impose a helmet requirement for scooter operators, and local rules can differ. As a practical matter, not wearing one does not bar a claim, but an insurer may raise it on comparative fault for head injuries, so it is worth telling your lawyer up front.

Sources & further reading (verify before relying on them)

This page is general information, not legal advice. Laws change; confirm the current statute and speak with an attorney about your situation.