Insurers’ Dirty Tricks in Scooter Accident Injury Claims (And How to Beat Them)

Electric scooters have proliferated in cities all over the country as a convenient and green way to travel. But with their surging popularity has come an increase in scooter-related accidents sometimes resulting in serious injury. Whether you were riding one of the shared scooters offered by the companies Bird, Lime, Spin, or Lyft or riding a privately owned e-scooter, if you were injured because of another party’s negligence, you may be eligible for compensation.

Sadly, insurance companies are not your friend. When you file a scooter accident injury claim, the insurance adjuster is probably going to be the one working your case and his only interest is saving his company money, not seeing you recover. Which is why knowing the sneaky tactics insurance companies employ in scooter accident cases, and how you can protect your rights from the outset, is extremely important.

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Why Scooter Accident Claims Are So Tricky

Scooter injury claims frequently have multiple liable parties and ambiguous insurance coverage, making them more complex than simple auto or pedestrian accident claims.

Common complications include:

Uncertainty over who is responsible (Was it a driver, pedestrian, scooter malfunction or a road problem?)

User Agreements and Legal disclaimers and limitations for rental devices

Little or no protection for scooter users

Rider Comparative Fault Claims

These nuances offer insurance adjusters a lot of chances to play the game.

Blaming the Scooter Rider

Among the most popular is pushing all or nearly all the blame on the scooter rider. Adjusters often argue that:

You weren’t wearing a helmet

You were biking on the sidewalk where you’re not supposed to

You did not comply with the traffic lights

You were cycling at night without adequate lighting.

It is a scheme that preys on public prejudice against scooter riders, and it can reduce the value of your claim significantly in states with comparative negligence laws.

How to protect Yourself

Acquire a copy of the police report and read over it for accuracy

Photograph the scene, the sign and the traffic signal

Collect eyewitness statements whenever possible

Remember local laws Know your local laws before using your electric scooter and prove you’re abiding by the law.

Downplaying Your Injuries

Even when liability is not in dispute, insurance adjusters will be quick to downplay the seriousness of your injuries.

They may claim:

You waited to seek treatment, so it’s “not serious.”

You’re exaggerating your pain levels

Your injuries are pre-existing

You have already recovered full and complete compensation for your injuries

This is a time-tested way to minimize medical payouts and remove pain and suffering damages.

How to Protect Yourself

Seek medical treatment right away with an accident

Follow all treatment recommendations

Keep a pain diary to document symptoms and restrictions.

Organize medical bills, prescriptions and paperwork

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Offering a Quick, Low Settlement

You may receive a quick offer to settle after the accident. The adjuster might say,

“Wouldn’t you like to get this done fast and get your check, you know, save all those expenses?”

What they’re not going to tell you is once you accept, you’ve waived your right to further compensation even if additional complications develop.

Such fast settlements are usually less than the actual value of your claim, especially if you need expensive medical care or rehabilitation

How to Protect Yourself

Do not agree to any settlement until you know what your medical diagnosis is.

calculate your costs, including lost wages, long-term therapy and mental health treatments

Consider having an attorney look at any offer before you sign it

Withholding the Settlement to Rattle You

Holding for extraneous amounts of Time One is one tactic used by many claims adjusters is to simply “wait it out” to attempt to push you to settle for less in frustration.

They may:

Refuse to return calls or emails.

Request redundant paperwork

Say they need more time to “investigate”

Stall until the statute-of-limitations deadline dangerously approaches.

It’s a method that is particularly prevalent in scooter injury cases because liability issues can be complex.

How to Protect Yourself

Maintain good record of correspondence

Follow up frequently and record delays

Retain a lawyer to pressure and deadline the other party

Denying Coverage or Shifting Liability

Insurers, however, often argue that no coverage applies for scooter injury claims, especially if the scooters are rented.

They may claim:

You abandoned your rights under the lease

The driver who struck you is not at fault

Their policy excludes “non-vehicular” accidents

The scooter company or the city is on the hook instead."

It’s a ploy to play the blame game, and to muddy the waters enough to throw you off.

How to Protect Yourself

Name all possible defendants (driver, scooter maker, city, etc.)

The Retention of rental agreement and app activity screenshots
who struck you is not at fault

Receive any and all applicable insurance information from the parties involved.

The scooter company or the city is on the hook instead."

Don’t take the adjuster’s word for it — seek legal advice

Recorded Statement: Twisting Your Words

Adjusters frequently demand a recorded statement on the pretext of “getting your side of the story.” In fact, they are taught to ask loaded questions to make you do the following:

Admit partial fault

Minimize your injuries

Offer inconsistent details

These statements can be used against you in court or settlement negotiations.

How to Protect Yourself

Do not agree to having your statement recorded Politely refuse any request to tape your statement

"If the adjuster keeps wanting to make offers, refer him to your attorney.

Never, ever infer or surmise; let it all rest on the factual and known constituents.

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Stalking Your Social Media

Insurers frequently keep an eye on your social media profiles for pictures, comments or activity that they can use against your claims. For instance, if you post a picture of yourself at a family event, it can be used against you to claim you’re not truly in pain.

How to Protect Yourself

Do not share any content regarding your crash, recovery, or workouts.

Set your profiles to private

Request that friends and family refrain from tagging you or posting photos while your claim is pending.

Why You Need a Scooter Accident Attorney

Scooter accidents cases are legally, technically and medically complicated. A Good Personal Injury Attorney Can:

Determine everyone who is responsible and available insurance policies

Manage all communication with insurance and scooter companies

Determine the fair value of your claim

Fight Negotiate hard or sue if necessary

If you have been injured in an electric scooter accident, insurance companies are going to be unfair. Their adjusters are taught how to minimize payouts through stalling, finger-pointing and disinformation. Don’t fall for their tricks.

Know your rights. Gather evidence. Speak to an attorney. Maximize the compensation you are really due.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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