By DAC Beachcroft
|Published 10 December 2025
E-scooters and e-bikes are commonplace on the roads of Ireland, however their use has only recently been legalised by the introduction of the Road Traffic and Roads Act 2023.
These types of vehicles represent a unique dilemma in the context of personal injuries litigation. There is no mandatory obligation for an e-scooter or e-bike user to have a policy of insurance in place. A recent decision of the District Court may change this.
The Road Traffic Act, 1961 imposes a mandatory obligation on users of vehicles (known as mechanically propelled vehicles (MPV)) to have a policy of insurance in place. A vehicle is defined as:
By contrast, a Powered Personal Transporter (PPT) is a new category of vehicle introduced by the Road Traffic and Roads Act 2023 and is defined as:
In the context of personal injuries litigation, these types of "vehicles", particularly e-scooters, will usually not fall under the remit of the Motor Insurers Bureau of Ireland (MIBI) and as such, injured parties may be unable to pursue a claim for compensation, unless they can pursue the user of such vehicles personally.
In a recent decision of the District Court, it was held that the specific e-bike involved in that matter was a MPV. This meant that the user was obliged to have a valid policy of insurance in place.
In that case, a pedestrian had suffered injuries when they were struck by an e-bike while out jogging. The bike was capable of speeds between 20 and 25 km/h and had a 750 W motor. This decision now gives rise to the possibility of injured parties pursuing the MIBI in personal injuries matters where they have been injured by an uninsured e-bike, provided it falls outside the requirements for a PPT.
This decision raises pertinent questions in terms of the regulation of e-bikes and e-scooters. It highlights the potential exposure for users of PPTs and introduces the possibility of injured parties pursuing the Motor Insurers Bureau of Ireland for compensation in certain circumstances. The position in terms of e-scooters was not specifically dealt with in this matter however, users should familiarise themselves with the technical requirements for PPTs to satisfy themselves as to whether insurance is required.
The current legislative framework does not comprehensively address the issue of insurance for PPTs. As these vehicles become increasingly prevalent, further legislative clarification or reform may be required to ensure consistency and legal certainty.
In circumstances where PPTs are not considered an MPV, the MIBI will not indemnify claims arising from incidents involving those electric vehicles. However, e-bikes that fall out of the ambit of the definition of a PPT, may be deemed an MPV entities such as the MIBI may become involved in the process of seeking recovery for injured parties.
For insurers, this represents a potential new market for bespoke insurance products tailored to e-scooter and e-bike users.
In the meantime, users should be mindful of their obligations, and insurers should monitor developments closely as this area of law continues to evolve.
