Scooter riders get hurt like motorcyclists, but they have none of the insurance a driver has. Florida gives you the same rights as a cyclist and no no-fault coverage at all. Templer & Hirsch know where the money actually comes from. Free case review, no fee unless we win.
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.
Electric Scooter, Moped or Motorcycle: Which One Were You Riding?
This is the first question we ask, because Florida writes a different rule for each one and the answer decides who pays. A micromobility device under Fla. Stat. 316.003(41) is a motorized device rented through an app for point-to-point trips that cannot exceed 20 miles per hour on level ground, which is the Bird and Lime category. A motorized scooter under 316.003(48) is any motor-powered vehicle on three wheels or fewer, seat or no seat, also capped at 20 miles per hour, which covers the electric scooter you bought yourself. A moped is different again: Fla. Stat. 320.01 requires pedals for human propulsion, a motor of no more than 2 brake horsepower and 50 cubic centimeters, and a top speed no greater than 30 miles per hour. Anything faster or larger stops being a moped and becomes a motorcycle, with registration, licensing and insurance rules that follow. An e-scooter accident lawyer and a moped accident attorney are doing the same job, but the paperwork underneath the claim is not the same, so bring the make, model and top speed to the first call. Whether you search for a scooter accident lawyer or a scooter accident attorney, it is the same job, and the work starts with naming the machine, then finding every policy that touches the crash.
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.
Rental Scooters, Bird and Lime: The Evidence That Disappears First
App-based rental scooters are everywhere in South Florida, and they generate more evidence than any other kind of crash, for about a week. The ride record in the app shows your route, speed and trip times. The scooter itself carries an identification number that ties to a maintenance history: when it was last serviced, whether anyone had already reported the brakes, how many times it had been redeployed. Once the operator collects that unit, the physical evidence is gone and the records are behind a preservation request. Photograph the scooter, the ID number on the stem, the surrounding road or sidewalk, and your injuries before you leave, and do not delete the app. Rental agreements carry waivers and arbitration clauses, and how far those reach depends on what actually failed. A waiver aimed at the ordinary risks of riding does not automatically protect a company that put a scooter on the street with failed brakes or left one out after a rider reported it.
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.
Where These Crashes Happen in South Florida
Scooter injuries cluster where tourists, bike lanes and heavy traffic meet. In Broward that means the A1A beach corridor and Las Olas in Fort Lauderdale, the Hollywood Broadwalk, and the Hallandale Beach Boulevard crossings. In Miami-Dade it is Brickell and downtown Miami, the Miami Beach causeways and Ocean Drive, Coral Gables, and the Biscayne Boulevard corridor through Aventura. The pattern repeats: a right-turning driver crossing a rider in the bike lane, a left turn across the rider's path at an intersection, a door opened into the lane, and a rider thrown by a pavement edge or a utility cover that was never level. If you are searching for a scooter accident lawyer in Fort Lauderdale or a scooter accident attorney in Miami, our office is in Aventura, between the two, and there is no charge to talk.
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 Cases
We handle scooter, moped and micromobility injury claims across South Florida, including:
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.
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.
Is an electric scooter accident lawyer different from a moped accident lawyer?
Same lawyer, different rulebook. An electric scooter or micromobility device is capped at 20 miles per hour and needs no registration, insurance or license under Fla. Stat. 316.2128 and 316.003. A moped under Fla. Stat. 320.01 has pedals, a motor no larger than 2 brake horsepower and 50cc, and a 30 mile per hour ceiling, and registration rules apply to it. What you were riding changes which records exist and which policies can be reached, so it is worth getting right at the start.
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.
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