E-Bike & E-Scooter Accidents in NYC & Long Island: Legal Rights & Compensation Explained

E-bikes and e-scooters have rapidly become popular modes of transportation across New York City and Long Island—for commuters, delivery workers, and recreational riders alike. But with their rise comes an increase in accidents, confusion about legal rights, and questions about insurance coverage.

In fact, the NYC Department of Transportation reported over 1,000 micromobility-related injuries in 2023 alone. If you’ve been injured while riding an e-bike or e-scooter, understanding how New York law treats these accidents is essential to protecting your rights.

No-Fault Laws & E-Bike Accidents: Do They Apply?

New York is a no-fault insurance state, meaning most injured parties rely on their own insurance for medical costs and lost wages—regardless of fault. However, not all e-bike or e-scooter riders are covered under no-fault laws.

No-fault typically applies to motor vehicle accidents. Some e-bikes—especially those classified as Class 1 or Class 2—may qualify for no-fault coverage when involved in crashes with motor vehicles. Others may not.

How New York Classifies E-Bikes

New York law divides e-bikes into three categories:

• Class 1: Pedal-assist only, with a maximum speed of 20 mph
• Class 2: Throttle-powered but limited to 20 mph
• Class 3: Throttle-powered up to 25 mph; commonly used by delivery workers

Here’s how these classifications impact your rights:

• Class 1 & Class 2 E-Bikes: Often treated like bicycles or pedestrians when involved in crashes with motor vehicles. Riders may be eligible for no-fault benefits.
• Class 3 E-Bikes & E-Scooters: Depending on their power and speed capabilities, these devices may be classified more like motor vehicles—potentially excluding them from no-fault protections.

If your device doesn’t qualify for no-fault coverage, you may still be able to pursue a personal injury lawsuit against the at-fault party.

Other Factors That Affect Your Rights

Several other factors can influence your eligibility for compensation:

• Speed & Power: Devices exceeding 20 mph under throttle power alone are often excluded from no-fault coverage.
• Where You Were Riding: E-bikes and scooters are generally restricted to roads with speed limits of 30 mph or less.
• Safety Equipment: Helmet laws vary by age and device class. For example, riders under 18 are required to wear helmets on Class 3 e-bikes.
• Registration & Licensing: Many e-bikes do not require registration, but faster models may fall under additional requirements.

What to Do After an E-Bike or E-Scooter Accident

If you’ve been injured in an e-bike or scooter crash in NYC, Nassau County, Suffolk County, or The Hamptons, follow these steps to protect your rights:

1. Seek medical attention – Even if you feel okay, internal injuries and soft-tissue trauma are common.
2. Report the accident – Notify the police or appropriate authorities as soon as possible.
3. Document everything – Take photos of the scene, road conditions, your device, and any visible injuries.
4. Avoid making statements to insurers – Consult a lawyer first to avoid missteps.

Contact an experienced attorney – A lawyer can help determine whether you qualify for no-fault or need to pursue a lawsuit instead.

Can I Sue If No-Fault Doesn’t Apply?

Yes. If your e-bike or scooter doesn’t qualify under no-fault—or your injuries exceed available benefits—you can file a personal injury lawsuit against the at-fault driver or entity. These cases often involve:

• Reckless or distracted drivers
• Hazardous road conditions (potholes, poor signage, etc.)
• Defective components on your e-bike or scooter

An attorney can help prove negligence and fight for compensation, including pain and suffering, lost wages, and long-term care.