E-Scooters have hit the streets of Florida and people are getting hurt. Sadly, the riders of the e-scooters are the ones who get seriously injured. Broken bones and head injuries are the norm, not the exception. The reality is that e-scooter riders are unprotected, usually don’t have on helmets, and are no match for a car. Cars are not used to sharing the roads with e-scooters, thus increasing the likelihood of an accident.
If you have been hit by a car while riding an e-scooter, we can help. Unlike most electric scooter accident attorneys, we have used e-scooters and are familiar with how they operate. We know how to set up an insurance claim, get the medical bills handled, and then maximize the compensation for our clients.
At Personal Injury Attorneys McQuaid & Douglas, we pride ourselves on being up to speed with all technological trends. E-scooters, e-bikes, and even e-skateboards are here and we realize that our clients will need our help. Our firm has been helping injured people for over 60 years and we would be honored to be of service to you too. Should you find yourself the victim of an unfortunate accident, please contact us immediately for a free consultation.
Steps After an E-scooter Accident
While you are at the E-scooter accident scene, make sure you screenshot the history of the ride. Do not rely on the app to properly record the trip for you. Next, make sure that the incident is reported to the police. One of the most important factors in an e-scooter accident is to document what happened. Therefore, while you are on scene, take pictures of any damage. Take pictures of the driver of the car. Tale pictures of any visible injuries. Once the incident is documented and the officer has given you the insurance information for the car, you are much better protected.
Once you have left the scene, getting immediate medical care is a priority. In most accident cases, the scooter operator is transported to a hospital, but if that is not necessary, then go to an urgent care or walk in clinic. Insurance companies will devalue your claim unless you see a doctor immediately.
Once the above steps have been completed, you will need to notify both the at-fault car’s insurance and the scooter company. While there is little that the scooter company will do to help you, at least they can get the damage to their scooter covered so that you are not on the hook. Once you set up these claims, you can provide the information to your lawyer.
How Are Medical Bills Paid After an E-scooter Accident?
The bad news is that the scooter company is not responsible to pay your medical bills (unless you can prove it was a defect in the e-scooter that causes the accident). There is a specific provision in the user agreement that disclaims their responsibility for your injuries. Thus, you must look for other sources to pursue for the payment of your medical bills.
If you were struck by a car and had auto insurance, you will qualify for PIP insurance. PIP, or no fault, will pay up to $10,000 of your medical bills. If you do not own a car, but live with a relative who does, you can get PIP that way too. Lastly, if you do not own a car and do not live with a relative who does, you can qualify for PIP through the insurance company for the car that hit you. So, the chances are good that there will be money available for you to have your bills paid.
For any bills that you incur over the PIP limits, you must look to other sources. First, you must make a claim on the Bodily Injury (BI) insurance that is carried by the at-fault car. If the car does not carry BI or there is not enough BI to cover your losses, you must then look at your own auto insurance coverage. If you carry Uninsured or Underinsured Motorist (UM) coverage, you will be able to make a claim on your own policy.
These issues about insurance coverages are complicated and we recommend that you speak to an attorney or you will undoubtedly get confused and may miss something.
How Much Does an E-scooter Accident Attorney Charge?
All personal injury attorneys charge on a contingency basis. This means that you are charged a percentage of the total money that is recovered for you. The standard fee is 33%. You never have to put any money down, pay for costs out of pocket, or make payments. All of the money is paid by the insurance company. The best part of the deal is that if no money is recovered, you do not owe your lawyer anything. This makes the hiring of a lawyer to pursue your claim no risk to you.
Should I Speak to the Insurance Company?
Yes, you should set up the claim and tell them what happened. This can be done within a day or two after the accident. But, during the call, you should not go into detail about your injuries. You also should not give a recorded statement without a lawyer present. Once you hire an e-scooter lawyer, he or she will take over all of the communication with the insurance companies.
What Types of Cases Don’t You Handle?
If you are at fault for the accident, we cannot help you. Our cases are against insurance policies based on negligence, so if you were driving recklessly or carelessly, a claim is not possible. We also do not take cases when a defect in the road or sidewalk caused you to fall. These are difficult cases to prove because you will be partially to blame for driving over an unsafe area. You should also be aware that cases involving faulty brakes or other defective conditions on the e-scooter are very difficult. The e-scooter companies have cracked down on these claims. For defective e-scooter claims, you have the e-scooter inspected by an expert and the defect verified. If you have a question about a claim, we will be happy to listen and give you an opinion.
Contact an E-scooter Accident Attorney
We understand how serious e-scooter accident cases are. You might have been out with your friends downtown and in an instant wound up in the hospital. There truly aren’t many lawyers who understand how to handle the cases. Perhaps the biggest problem is that the insurance companies are also inexperienced in dealing with them. So, you might get passed around and frustrated trying to get answers.
If you have questions or need help, please contact us for a consultation. We believe that you will quickly realize that we know what we are talking about and can be trusted with your case.
Call Us Today, We’re Here to Help
We represent clients throughout Southwest Florida