Does breaking the Rules on an E-Scooter Always Mean Losing Insurance Coverage?

This article continues our discussion of the issues that may arise when an insured minor is involved in an accident and seeks insurance compensation.

A child under 13 riding an e-scooter

When assessing insurance coverage, it is also important to consider the rules governing the use of e-scooters by children and teenagers.

As of 3 June 2026, children under the age of 13 are not permitted to ride an e-scooter on public roads. Special rules apply in residential areas, where riding may be permitted under adult supervision.

Children between the ages of 13 and 18, in turn, are required to hold the appropriate authorisation, such as a bicycle licence (karta rowerowa) or, where required by law, a driving licence.

Accordingly, when assessing an insurance claim, the following factors may be relevant:

• the child’s age;
• the type of vehicle involved;
• where the accident occurred; and
• whether the child held the required licence or authorisation.

NNW is not the same as third-party liability insurance (OC)

This distinction is fundamental.

NNW insurance (personal accident insurance) primarily provides the insured person with financial protection against the consequences of an accident.

Third-party liability insurance (OC — odpowiedzialność cywilna), on the other hand, applies when the insured person, or someone for whom they are legally responsible, causes harm to another person, subject to the scope of cover provided by the relevant policy.

Therefore, if a child riding an e-scooter hits and injures another person, having NNW insurance does not, in itself, resolve the issue of liability for the damage caused. This is where third-party liability insurance (OC) may be relevant.

Depending on the circumstances, this may be OC insurance connected with the vehicle or private-life liability insurance. In each case, however, it is necessary to examine the specific insurance policy and the applicable legal provisions.

For this reason, when a minor uses a bicycle, e-scooter or another personal mobility device, it is worth considering not only NNW insurance but also appropriate third-party liability (OC) coverage.

What if the child is injured through someone else’s fault?

In such a situation, the matter must be considered from a different perspective.

If a minor is hit by a vehicle or another road user and another person is held responsible for the accident, the injured child may be entitled to seek compensation from the liable party under that person’s third-party liability insurance (OC).

When assessing such a claim, the conduct of the injured child may also be relevant.

For example, it may be necessary to consider whether the child:

• was riding against the flow of traffic;
• was carrying another person on the e-scooter;
• was violating traffic regulations; or
• was failing to use legally required protective equipment.

However, this does not automatically mean that the child will lose the right to compensation.

No helmet — can it affect the amount of compensation?

Failure to wear a helmet may be considered in the context of the injured person’s contribution to causing or increasing the extent of the harm.

This is, however, a different issue from the payment of benefits under the child’s own NNW policy.

This distinction is crucial.

In an NNW claim, the primary questions are whether the accident falls within the scope of the insurance coverage and whether the conditions for payment have been met.

When pursuing a claim against the person responsible for the accident, the assessment may include, among other things:

• who was responsible for the accident;
• what injuries the child sustained; and
• whether the child’s conduct contributed to causing or increasing the extent of the harm.

These are two separate legal issues and should not be conflated.

A child injured in an e-scooter accident — what should you do?

If an insurer has refused to pay an NNW claim or has paid an amount that, in the parents’ view, does not correspond to the scope of the insurance coverage, it is worth carefully reviewing the insurer’s decision and the general terms and conditions of insurance (OWU).

In particular, it is important to determine the specific provision of the insurance contract on which the insurer has based its refusal or limitation of the payment.

Similarly, when pursuing a claim against the person responsible for the accident, it is important to establish all the relevant circumstances, including the child’s conduct, the actions of the person responsible, and the extent of the harm suffered.

If you are unsure whether a child is entitled to an insurance payment or compensation following an accident involving an e-scooter, bicycle or another vehicle, it may be advisable to consult a lawyer before abandoning or limiting a potential claim.

Remember! Each case requires an assessment of the specific insurance policy, the applicable OWU and the circumstances of the accident.