E-scooters 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-scooter is allowed to drive on public roads, and insurance does not always cover the damage.
In this article we explain step by step what you should do after an accident with an e-scooter or scooter, who is liable, which damages you can claim and how Arslan Advocaten will help you get your full damages reimbursed free of charge.
1. Legal status of e-scooters and electric scooters
In the Netherlands, e-scooters are only allowed on public roads if they have been approved by the RDW.
- Approved e-scooter: is classified as a motor vehicle. The driver is obliged to take out third party liability insurance.
- Unapproved e-scooter: is not officially allowed on the road. In the event of an accident, the driver is often legally considered uninsured.
The situation is clearer with electric scooters (mopeds or mopeds):
- The driver is compulsorily insured.
- The owner of the scooter is usually liable if he or she is to blame for the accident.
Yet, discussions often arise about the question of who is liable — especially if several vehicles or pedestrians are involved.
2. Who is liable in the event of an e-scooter or scooter accident?
a. Another road user is to blame
If you are an e-scooter or scooter rider hit by a car or truck, the driver of that vehicle is usually liable. In the case of a motor vehicle versus a non-motor vehicle (such as a cyclist or pedestrian), the50% rule also applies: the vulnerable road user will in principle be compensated for at least 50% of his or her damage, even in the case of partial personal fault.
b. You caused the accident
If you are to blame for the accident, you will in principle be responsible for the damage. However, if you have passenger damage insurance (SVI) or accident insurance, (part of) your personal injury can still be reimbursed.
c. The road authority is responsible
Was the accident caused by poor road surfaces, slippery conditions or unclear traffic situations? Then the municipality or road manager can be held liable on the basis of Article 6:174 of the Dutch Civil Code (defective buildings).
d. Accident during working hours
Do you drive an e-scooter or scooter for work (for example as a delivery person or courier)? Then your employer may be liable underArticle 7:658 of the Dutch Civil Code (employer's liability). Even if you have partly made a mistake yourself, the employer usually remains obliged to compensate the damage.
e. Underage driver
If the driver is younger than 14 years old, the parents or guardians are liable for the damage he or she causes.
Read also: employer's liability for industrial accidents and liability for traffic accidents.
3. What should you do immediately after an accident
A good record of the accident is crucial to be able to recover damages later. Therefore, always follow this step-by-step plan:
- Remain calm and get yourself to safety.
- Write down the details of everyone involved (names, license plates, insurance details).
- Take photos of the situation – vehicles, road surface, traffic signs, damage.
- Fill in the damage form or let the police draw up a report
- Visit a doctor immediately, even if you have minor complaints. The medical record is important evidence.
- Keep receipts of medical costs, travel expenses and aids.
- 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 damages can you claim?
Personal damage consists of all financial and immaterial damage resulting from the accident. Below are the most common damage items:
a. Medical costs
Costs for hospital, physiotherapy, medicines or aids that are not reimbursed by your health insurer.
b. Loss of income
If you are temporarily or permanently unable to work less, you can claim loss of earning capacity. Missed overtime or bonuses are also included.
c. Compensation for pain, sorrow, psychological complaints and loss of enjoyment of life. The amount depends on the severity and duration of the injury. Read more: Smartengeld in case of personal injury.d. Domestic help and informal care
If you are temporarily unable to clean, cook or care for children, the costs of hired or informal help can be reimbursed.
e. Travel costs and other expenses
Costs for transport to doctors, parking costs, aids or communication with authorities.
f. Adjustments to the home or vehicle
In the event of permanent injury (such as a spinal cord injury or amputation), adjustments to the home or car can be fully reimbursed.
g. Damage to clothing and personal property
Consider helmet, glasses, telephone or clothing that was damaged during the accident.
An experienced personal injury lawyer will draw up a complete damage statement so that no item is forgotten. Also read: calculate personal injury compensation.
5. Evidence and limitation
Proof
It is up to the injured party to prove that the other is liable. Important means of evidence are witness statements, photos of the accident location, medical reports, the claim form or official report and correspondence with the insurer. A lawyer helps to collect and legally substantiate this evidence.
Limitation
The claim for compensation in principle expires after five years from the day on which you know who is liable and that damage has been suffered (Article 3:310 of the Dutch Civil Code). For minors, this period only starts from their 18th birthday.
6. Practical example
A meal delivery man was injured when he swerved his electric scooter to avoid a door that suddenly opened. The motorist had not looked and was held fully liable. Our lawyers ensured that the full damage — including loss of income and damages — was recovered from the insurer.
7. Why choose Arslan Advocaten
Arslan Advocaten specializes 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 care of the entire process — from liability to final settlement — so that you can focus on recovery. Please feel free to contactArslan Advocaten for legal advice about your situation.