Electric rental scooters (such as Lime, Bird, and Spin) have flooded the sidewalks and intersections of Miami, Tampa, and Orlando. While they offer convenient micro-transit, the surge in scooter usage has resulted in a massive spike in severe orthopedic and head injuries. Because scooters offer absolutely zero physical protection, a low-speed impact with a car or a fall caused by a pothole can be life-altering. Navigating the insurance maze after a scooter crash is notoriously difficult, and calculating an accurate settlement estimate requires looking beyond the scooter app itself.
The PIP Insurance Exclusion
Florida is a no-fault state, meaning injured drivers typically rely on their $10,000 Personal Injury Protection (PIP) policy to cover initial medical bills. However, Florida law specifically excludes two-wheeled vehicles (motorcycles and scooters) from PIP coverage. If you are injured on an electric scooter, you cannot use your auto PIP insurance to pay for your emergency room visit, even if a car hit you. You must immediately look for third-party liability coverage or rely on your own health insurance, which may impose heavy deductibles and subrogation liens.
Can You Sue the Scooter Company?
When you download a scooter app, you must check a box agreeing to an exhaustive “Terms of Service” and Liability Waiver. These corporate waivers attempt to shield the scooter company from any responsibility if you are injured.
However, these waivers do not protect the company from “gross negligence.” If you can prove that the specific scooter you rented had faulty brakes, a sticking throttle, or a broken locking mechanism that the company failed to maintain, you can pursue a lucrative product liability or negligence claim against the corporation.
Third-Party Driver and City Liability
If you were struck by a negligent driver while riding a scooter in a crosswalk or bike lane, your claim proceeds similarly to a pedestrian accident. You will pursue the at-fault driver’s Bodily Injury (BI) insurance. Because scooter riders are so vulnerable, juries often award high pain and suffering multipliers for these injuries.
Alternatively, if your crash was caused by dangerous infrastructure—such as a massive, unmarked pothole or an improperly designed construction detour—you may have a premises liability claim against the city or the private construction firm. Keep in mind that suing a municipality involves strict Sovereign Immunity caps and notice requirements. Regardless of how the crash occurred, preserving evidence of the scene and the scooter’s condition is your first priority.