E-scooter accidents and insurance in Poland: will the insurer pay?

Child injured on an e-scooter or bicycle — will the insurer pay?

More and more children are using electric bicycles, e-scooters and other personal mobility devices. As their popularity grows, so does the number of questions parents have about insurance coverage.

What happens if a child is involved in an accident while riding an e-scooter? Will a school accident insurance policy (NNW) provide compensation if the child was riding in an area where such use is prohibited? And what if the e-scooter has been modified and exceeds the legally permitted specifications, or the child did not have the required license or authorization?

The answer is not always straightforward. The key factors are the terms of the individual insurance policy and the provisions of its general terms and conditions (OWU). A violation of traffic regulations does not, in itself, automatically result in the loss of accident insurance coverage (NNW).

NNW insurance is not a penalty for breaking the law. It is an insurance contract that defines the events and consequences covered by the policy, as well as the circumstances excluded from coverage.

Therefore, if a child is involved in an accident while riding a bicycle or e-scooter, a violation of certain traffic regulations does not necessarily mean that the insurer can refuse to pay compensation.

For example, riding in an area where e-scooters are prohibited may constitute a traffic violation, but this does not necessarily mean that the insurer is automatically entitled to refuse a claim under an NNW policy.

Each case requires an examination of whether the conduct in question, or the particular use of the vehicle, is expressly listed in the OWU as a ground for excluding the insurer’s liability.

Unregistered vehicles and NNW insurance claims

Parents often worry that the absence of vehicle registration or compulsory third-party liability insurance (OC) automatically prevents them from receiving compensation under an NNW policy.

However, the situation is not that straightforward. If a child is injured in an accident, requires hospitalization, or suffers other consequences covered by the policy, they may still be entitled to an insurance payment.

The decisive factor is the wording of the specific insurance policy.

Before concluding that insurance coverage does not apply, it is therefore essential to check, in particular:

• the scope of insurance coverage;
• the definition of an accident;
• exclusions of the insurer’s liability;
• the conditions governing the use of vehicles;
• provisions concerning the possession of any required licences, permits or authorisations;
• any restrictions relating to violations of applicable law.

E-scooter with the speed limiter removed — the situation may be different

A more serious issue may arise where an e-scooter has been modified, for example by removing its speed limiter. Why does this matter?

Exceeding the statutory parameters may mean that the vehicle no longer meets the legal requirements applicable to a standard e-scooter. From a legal perspective, it may instead be classified as a different type of vehicle, such as a moped.

This, in turn, may trigger additional requirements concerning the vehicle’s authorization for use on public roads, its equipment, or the rider’s possession of the appropriate license.

From an insurer’s perspective, this can be significant.

General terms and conditions of insurance (OWU) often contain exclusions relating, among other things, to the use of a vehicle that is not legally authorized for use on public roads, or to driving without the license or authorization required by law.

Therefore, in the event of an accident involving a modified e-scooter, it is not enough to ask: “Did the child have NNW insurance?”

It is also necessary to establish:

• what type of vehicle the child was actually riding;
• whether the vehicle complied with the applicable legal requirements; and
• whether the way in which it was used fell within the scope of the insurance coverage.

No bicycle card or other required licence — can the insurer refuse to pay?

This is another issue that raises many questions.

The mere absence of a required document or authorization should not automatically be equated with the loss of the right to insurance compensation. However, the terms of the insurance contract and the connection between the violation and the insured event may be relevant.

In practice, it is necessary to determine whether the absence of the required license or authorization was connected to the accident and whether it contributed to the accident or affected the extent of the resulting harm.

For this reason, such cases cannot simply be reduced to the following formula:

No license = no insurance payment.

Each case must be assessed in light of the specific insurance policy, the OWU and the circumstances of the accident.

In the second part, I will discuss:

• children under the age of 13 riding e-scooters;
• the differences between NNW and OC insurance;
• the absence of a helmet and its potential impact on compensation; and
• other practical issues parents should be aware of.

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.