E-Scooter Accident Claim Ireland: The MIBI Insurance Gap and How to Get Compensation

You can claim compensation after an e-scooter accident in Ireland even if the rider has no insurance. The Injuries Resolution Board (IRB) [1] handles most claims. The IRB's December 2024 Vulnerable Road User report recorded 168 cyclist and e-scooter claims combined in 2023, with the average award for e-scooter users specifically being €20,513 (cyclists averaged €27,837). The critical question for uninsured e-scooter accidents is whether the vehicle passes what we call the "PPT Classification Test", the diagnostic that determines if MIBI may compensate you under the Road Traffic and Roads Act 2023 [2].

Can you claim compensation after an e-scooter accident in Ireland?

Yes, you can claim compensation after an e-scooter accident in Ireland if someone else was at fault, according to the Injuries Resolution Board [1]. E-scooter accident victims can pursue claims whether they were pedestrians struck by an e-scooter, e-scooter riders hit by cars, cyclists injured in collisions, or motorists whose vehicles were damaged. E-scooters became legal on Irish public roads from 20 May 2024 under the Road Traffic and Roads Act 2023 [2], with technical specifications set by S.I. 199 of 2024 [4].

E-scooter claims are processed through the Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB) until 2023. Claimants have two years from the date of the accident to submit under the Statute of Limitations 1957 [5].

A mistake we often see is people assuming they cannot claim because e-scooters are "new" or because the rider had no insurance. E-scooter accident claims are NOT barred simply because the vehicle category is recent. The legal framework now exists, and compensation routes are available even in complex insurance scenarios. Gary Matthews Solicitors' analysis of IRB data confirms that e-scooter claims follow the same assessment process as other road traffic accidents [1].

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The MIBI Insurance Gap: what happens when the rider has no insurance

We call this the "MIBI Insurance Gap": the compensation void that occurs when a compliant PPT rider injures someone but carries no insurance and has no assets. Here is what the statute does not tell you: e-scooters meeting the legal specifications are classified as Powered Personal Transporters (PPTs), and PPTs do NOT require insurance under Irish law. The Motor Insurers' Bureau of Ireland (MIBI) traditionally compensates victims of uninsured drivers, but their mandate covers vehicles that were required to be insured. According to the MIBI [6], if insurance was not legally required, they have no obligation to compensate.

The practical effect of the MIBI Insurance Gap: a pedestrian struck by someone riding a private, compliant e-scooter may find no insurer to claim against. If the rider has no assets (a "man of straw"), the victim could be left without compensation. E-scooter accidents aren't the same as bicycle accidents in this respect. The difference is that e-scooters are motorised and travel faster than bicycles, yet the law treats them similarly for insurance purposes.

The "Non-Compliant Scooter" Strategy

The solution to the MIBI Insurance Gap often lies in proving the e-scooter was NOT a compliant PPT. If a scooter exceeds the legal specifications (over 400W motor, capable of over 20 km/h, over 25kg weight), it ceases to be a PPT and becomes an uninsured MPV. As an uninsured MPV, it should have had insurance. The fact that it did not brings it squarely within MIBI's mandate.

Research from the Road Safety Authority (RSA) 2025 [8] suggests that 24% of regular e-scooter users in Ireland have been involved in collisions. The IRB's 2024 data [1] confirms the scale of the problem with 168 claims processed. Based on our experience handling e-scooter claims, many private scooters sold in Ireland (Xiaomi M365 Pro, Segway Ninebot Max, Dualtron models) can be "flashed" or software-modified to exceed 20 km/h. A forensic engineering report proving the scooter was capable of 30 km/h transforms a personal claim against a potentially asset-less individual into a statutory claim against MIBI.

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The PPT Classification Test: is the e-scooter legal or illegal?

The PPT Classification Test determines who pays your compensation in Ireland, according to S.I. 199 of 2024 [4]. Whether an e-scooter qualifies as a legal PPT or an illegal MPV affects whether MIBI has any obligation to compensate you. A Powered Personal Transporter must meet ALL of the following specifications:

Sources: S.I. 199 of 2024 [4]; RSA E-Scooter Guidance [9]; Citizens Information [10].

Why Ireland chose 20 km/h when the EU standard is 25 km/h: The Department of Transport opted for a lower speed limit for safety reasons. Many imported scooters are designed to EU specifications and can reach 25 km/h or higher. Such scooters are NOT compliant in Ireland even if sold as "legal" elsewhere in Europe. As per Gary Matthews Solicitors' review of client cases, this is a common source of confusion and, for claims, an opportunity to close the MIBI Insurance Gap.

The L1e-B Moped Classification

E-scooters exceeding 25 km/h or with motors over 1000W fall into the L1e-B moped category under EU Regulation 168/2013 [11]. L1e-B vehicles require mandatory insurance, an AM driving licence, tax, and a helmet. Riding one without insurance is a clear breach, and MIBI's mandate is engaged.

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Who can claim: riders, pedestrians, and other road users

Anyone injured through another person's negligence in an e-scooter accident can potentially claim compensation under Irish law, according to the IRB [1]. The claimant categories and routes differ based on your role in the accident.

Pedestrians struck by e-scooters

Riding an e-scooter on a footpath is explicitly prohibited under the 2024 Regulations. If an e-scooter rider hit you while you were on a footpath, the rider breached a statutory duty, and negligence is typically straightforward to establish. Your claim targets the rider directly, with MIBI potentially involved depending on the PPT Classification Test result.

E-scooter riders injured by motorists

Standard road traffic accident claim through the IRB against the driver's insurer. Add MIBI as respondent if the driver was uninsured or untraced. The process is the same as any car accident claim.

Cyclists or motorists injured by e-scooters

Claim against the e-scooter rider. Evidence of their negligence (running red lights, footpath use, excessive speed) strengthens your case. Dashcam or bicycle camera footage can be decisive.

E-scooter riders injured in single-vehicle accidents

Single-vehicle accidents require identifying a liable party other than yourself. Options include: local authority liability for potholes or road defects (see our pothole accident guide); product liability for defective e-scooters; or rental operator liability for equipment failures.

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Irish hospital injury data: what actually happens in e-scooter accidents (2024–2025)

Fractures account for 56% of e-scooter injuries presenting at Irish hospitals, with upper limb injuries dominant, according to Irish Medical Journal studies and the European Emergency Medicine Congress (September 2025) [3]. E-scooter injuries in Ireland show a distinct profile compared to bicycle accidents. Three e-scooter users died on Irish roads in 2025, the same as in 2024, according to RSA provisional data [20]. Fatal accident claims follow different procedures under the Civil Liability Act 1961 (Part IV) and involve dependency calculations for surviving family members.

Connolly Hospital Dublin found e-scooter injuries cost €128,650 annually at that single facility, averaging €1,726 per patient [3]. The RSA's 2025 research [8] found 24% of regular users involved in collisions. Combined with the IRB's statistics showing 168 claims in 2024 [1], this data suggests significant under-reporting of e-scooter accidents.

Sources: Irish Medical Journal studies (2024); Connolly Hospital research presented at European Emergency Medicine Congress (September 2025); Royal College of Physicians of Ireland [3].

Helmet use dropped from 40% to just 8% among injured e-scooter riders according to December 2024 data from the Irish Journal of Medical Science. Children's Health Ireland at Temple Street reported in December 2025 that e-scooters have become a leading cause of paediatric traumatic brain injury, with 95% of admitted children NOT wearing helmets [12]. Remember: riding a PPT under age 16 is illegal in Ireland. Claims involving minors may require investigation of parental liability through household insurance.

Night-time accident risk: The IRB's Vulnerable Road User Series noted 31% of e-scooter accidents occurred between 6PM and 6AM. The RSA's May 2025 research found that among regular e-scooter users, 75% are under 35 and 76% are male. Notably, all reported collision victims in their study were male [8]. In Gary Matthews Solicitors' assessment, this suggests elevated collision risk for younger male riders.

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How much compensation can you expect?

E-scooter accident compensation in Ireland follows the Judicial Council Personal Injuries Guidelines (which replaced the Book of Quantum in 2021) [13]. The IRB's 2024 data shows the average award for cyclists and e-scooter users combined was approximately €20,513 [1]. Individual awards vary significantly based on injury severity, duration of symptoms, and impact on daily life.

Figures from Judicial Council Personal Injuries Guidelines (2021, as updated) [13]. Actual awards depend on individual circumstances. These are guidelines, not predictions for any specific case.

Beyond general damages (pain, suffering, loss of amenity), claimants may recover special damages including: medical and dental expenses; loss of earnings (past and future); physiotherapy, rehabilitation, and psychological treatment costs; travel to medical appointments; home adaptations if needed; and care costs if you required assistance during recovery.

What the guidelines do NOT tell you: Early settlement offers are often below fair value. In our experience, waiting until your injuries have stabilised medically before finalising any claim typically results in better outcomes. Insurers sometimes make offers before the full extent of injuries is known, particularly for head injuries where symptoms may develop over time.

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The claims process: IRB, MIBI, and court

Most e-scooter injury claims in Ireland must go through the Injuries Resolution Board (IRB) before court proceedings can be issued, according to the IRB [1]. The IRB (formerly PIAB until 2023) assesses compensation based on medical evidence and the Personal Injuries Guidelines.

Step 1: Report to Gardaí

Report the accident to An Garda Síochána as soon as possible. For claims involving MIBI (uninsured or untraced vehicles), the MIBI Agreement 2009 [6] requires reporting within two days or as soon as reasonably possible (clause 3.13). Keep the station name and any PULSE reference. See Garda guidance on collisions [14].

Step 2: Gather evidence immediately

Photograph the scene, the e-scooter (especially model, motor specifications, any damage), your injuries, and any road defects. Get witness names and contact details. Request CCTV preservation in writing from nearby businesses. Many systems overwrite footage within 7–30 days.

Step 3: Get medical attention

Attend A&E or your GP. Keep all medical reports, receipts, referral letters, and records of appointments. The IRB assessment depends heavily on medical evidence. For dental or facial injuries, seek specialist assessment.

Step 4: Submit IRB application

Complete IRB Form A [15]. The application fee is currently €45 for online applications (€90 by post). If the e-scooter rider was uninsured, add MIBI as a respondent. If the rider was untraced (hit-and-run), also add MIBI under the untraced vehicle provisions.

Step 5: IRB assessment period

While the official IRB target timeline is 9 months, we typically see 12–18 months because medical evidence gathering takes longer than expected, particularly for fractures requiring follow-up imaging or head injuries requiring neurological assessment. The respondent can accept or reject the IRB's assessment.

MIBI-specific requirements

Claimants pursuing MIBI must complete formal notification using the MIBI claim form [16] or online portal. A phone call does NOT count as formal notification. For untraced vehicles (hit-and-run), claimants must make themselves available for an MIBI interview within 30 days of the IRB application (clause 3.3 and 4.2 of the Agreement).

Realistic claim timeline: week by week

E-scooter accident claims in Ireland typically take 12–18 months from accident to settlement, though straightforward cases can resolve in 9 months. Here's what to expect at each stage:

Timelines based on Gary Matthews Solicitors' experience handling e-scooter claims since legalisation in May 2024. Complex claims (severe injuries, disputed liability, MIBI involvement) trend toward the longer end.

What slows claims down: Waiting for medical prognosis (fractures need 6–12 months to assess final outcome); MIBI investigations into scooter specifications; disputes over the PPT Classification Test; respondents who don't engage promptly.

What speeds claims up: Clear liability (e.g., dashcam footage); straightforward injuries with quick recovery; early evidence gathering; respondent who accepts liability quickly.

Solicitor costs and "no win no fee" explained

Most personal injury solicitors in Ireland, including Gary Matthews Solicitors, operate on a "no win no fee" basis for e-scooter accident claims. This means you don't pay legal fees unless your claim succeeds. Here's how it works in practice:

What "no win no fee" actually means:

• If you win: Solicitor fees are typically 15–25% of your compensation award (plus VAT at 23%), depending on case complexity
• If you lose: You pay nothing in solicitor fees, though you may be liable for the other side's costs in rare circumstances (court cases only)
• Outlay costs: Some solicitors cover medical report fees, engineer fees, and other disbursements upfront; others ask you to pay these as they arise (typically €500–€2,000 total)

IRB claims vs court claims:

• IRB route: Lower overall costs; no risk of adverse costs orders; solicitor fees come from your award
• Court route: Higher costs but potentially higher awards; losing party usually pays winner's costs; if you reject a reasonable IRB assessment and do worse in court, cost implications apply

Do you need a solicitor? Solicitors aren't legally required for IRB claims. However, e-scooter claims involving the MIBI Insurance Gap or the PPT Classification Test benefit from legal expertise. In our experience, claimants with solicitors typically achieve higher awards than those who self-represent, even after fees are deducted. The complexity of proving a scooter was non-compliant, or navigating MIBI's procedural requirements, often justifies professional representation.

Questions to ask any solicitor:

• What percentage of my award will you take as fees?
• Do I pay anything upfront for medical reports or engineers?
• What happens if MIBI rejects my claim?
• Have you handled e-scooter claims involving the PPT Classification Test before?

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Special scenarios: rental scooters, potholes, delivery drivers

Rental e-scooter accidents (Bolt, Zeus, Dott)

Rental e-scooter operators like Bolt, Zeus, and Dott operate under licenses requiring public liability insurance, which changes the claims picture entirely compared to private e-scooters.

Third-party claims: If you were a pedestrian or cyclist hit by a rental scooter, your claim is against the operator's insurer (e.g., Allianz for Bolt). The operator's telemetry data (GPS location, speed at impact, accelerometer readings) can be decisive evidence.

Rider personal accident cover: Some operators like Bolt provide Personal Accident insurance for the rider, covering death or permanent disability up to €50,000 even if the rider was at fault or it was a single-vehicle accident [17]. Many injured riders don't realise this cover exists. Check the operator's terms of service.

Data requests: Riders can request their own trip data from rental operators via a GDPR Subject Access Request. If you are a victim hit by a rental scooter, solicitors can use Section 8 of the Data Protection Act 2018 or pre-action disclosure to compel the operator to release the rider's telemetry data. Rental companies typically delete data after 90 days or less, so issue preservation requests immediately.

Pothole and road defect accidents

E-scooters are uniquely vulnerable to road surface hazards because of their small wheels (typically 200–250mm diameter versus 600–700mm for bicycles). A pothole that a bicycle would traverse safely can cause an immediate "endo" (pitch forward over handlebars) on an e-scooter. A 40mm defect is significant for an e-scooter.

Claims against local authorities (Dublin City Council, county councils) for negligent road maintenance are possible but require proving the authority knew or should have known about the defect. If the council designated a cycle lane for e-scooter use (as permitted under the 2024 Regulations), they may owe a higher duty of care to maintain it to a standard safe for e-scooters, not just larger vehicles.

Luas tracks: A specific Dublin hazard. The flange gap in tram tracks is sized to trap an e-scooter wheel. Liability may lie with Transport Infrastructure Ireland (TII) if crossing points are NOT perpendicular or clearly marked for e-scooter users.

Delivery driver accidents (Just Eat, Deliveroo)

Delivery riders injured while working on an e-scooter may have multiple claim routes. Deliveroo provides riders with public liability insurance (up to £1m). Depending on your employment status (employee versus independent contractor), you might claim against the platform, a third party who caused the accident, or both. The gig economy worker status question affects which routes are available. Claims involving work-related e-scooter accidents may also engage employer's liability if you were an employee rather than a contractor.

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Evidence checklist for e-scooter accident claims

E-scooter accidents require specific evidence that differs from standard car accidents because e-scooters have no registration plates and riders often flee.

At the scene (if possible):

• Photos of the e-scooter: front, back, motor hub showing wattage rating, brand/model label
• Photos of the scene, road conditions, any defects, traffic signals
• Photos of your injuries (and ongoing photos during recovery)
• Witness names, phone numbers, email addresses
• Note the rider's appearance, clothing, direction of travel
• Identify nearby businesses with CCTV (petrol stations, shops, pubs, banks)
• Note the time precisely (for CCTV retrieval)

Within 48 hours:

• Report to Gardaí; keep the PULSE reference number
• Request CCTV preservation in writing from all nearby businesses; name the manager, keep proof of request
• Attend A&E or GP; get full documentation of your injuries
• If rental scooter: note the operator (Bolt, Zeus, Dott), exact time of accident, location

For proving non-compliance (closing the MIBI Insurance Gap):

• Ask Gardaí to seize the e-scooter for technical examination
• Photograph the VIN/motor plate (rated wattage often stamped on motor hub)
• Note any visible modifications (external batteries, aftermarket controllers, removed speed limiters)
• Do NOT allow the rider to update firmware or restore factory settings before inspection
• Research the model online to find factory specifications

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Time limits and deadlines

Claimants have two years from the date of the e-scooter accident to make a personal injury claim in Ireland under the Statute of Limitations 1957 [5]. Missing this deadline typically bars your claim entirely.

Other critical deadlines:

• Garda report: Within 2 days or as soon as reasonably possible (essential for MIBI claims under Agreement clause 3.13)
• MIBI interview (untraced vehicles only): Make yourself available within 30 days of IRB application
• CCTV preservation requests: Immediately; many systems overwrite in 7–30 days
• Rental scooter data: Request preservation immediately; often deleted after 90 days
• Property damage only claims: Up to 6 years for actions in tort

"Date of knowledge" exception: The two-year clock may start from your "date of knowledge" if injuries weren't immediately apparent. For head injuries, symptoms sometimes develop weeks or months after the accident. For minors, the two-year period begins from their 18th birthday.

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Relevant legal principles

Irish courts are beginning to address e-scooter and micromobility accidents, with existing road traffic negligence principles applying to this new vehicle category.

Note: E-scooter-specific case law in Ireland remains limited as the regulatory framework only commenced in May 2024. Legal precedents continue to develop as courts address claims involving PPT classification disputes and MIBI coverage questions.

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What most guides miss about e-scooter claims

Competitors' content typically recycles generic road traffic accident advice without addressing e-scooter-specific complexities. Here are the edge cases and nuances that matter:

1. The PPT Classification Test is everything for uninsured claims. If you accept at face value that the scooter was "legal" and therefore uninsured, you may miss the opportunity to close the MIBI Insurance Gap. Many scooters sold as compliant have been modified or were never compliant in the first place.

2. Helmet non-use isn't automatic contributory negligence. Helmets are strongly recommended by the RSA [9] but aren't legally required for PPT riders under the 2024 Regulations. Research from Connolly Hospital found helmet use dropped from 40% to just 8% after legalisation [21], so defendants will increasingly raise contributory negligence arguments. However, claimants shouldn't be heavily penalised for adhering to the legislative standard set by the Oireachtas, which deliberately chose not to mandate helmets for this class of vehicle. Any contributory negligence reduction is typically 10–25% for head injuries, NOT disqualification.

3. Rental scooter riders may have claims they don't know about. Bolt's Personal Accident insurance covers permanent disability or death up to €50,000 even in single-vehicle accidents where the rider was at fault. Many injured riders assume they have no claim if they fell off themselves.

4. The 2-day Garda reporting rule is stricter than it sounds. "As soon as reasonably possible" has been interpreted narrowly by MIBI. If you delayed reporting without a compelling reason (e.g., hospitalisation), MIBI may use it against your claim.

5. EU law arguments still exist. The Vnuk judgment of the CJEU established that compulsory motor insurance should cover any vehicle used consistent with its normal function. Although the EU has allowed derogations for light electric vehicles (which Ireland has utilised), there remains a complex legal argument regarding State liability if Ireland's legislation leaves victims of motorised transport without an effective remedy.

6. Expect more contributory negligence defences based on alcohol. Research presented at the European Emergency Medicine Congress found that alcohol and substance involvement increased among e-scooter patients after legalisation in May 2024 [21]. Defendants' insurers are increasingly aware of this trend and will probe whether the claimant was intoxicated. A DUI offence on an e-scooter carries fines up to €2,000 and a court appearance, but intoxication doesn't automatically bar a civil claim if someone else was primarily at fault.

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