E-Bike and E-Scooter Accident Guide - Your Rights and How to File a Claim

What Are E-Bike and E-Scooter Accidents?

In recent years, electric bicycles and electric scooters have become a popular mode of transportation in Israel, especially in urban areas and cities. These bicycles are powered by an electric motor that assists pedaling, while electric scooters are standing vehicles with small wheels powered by an electric motor. Despite their advantages for light transportation and convenience, these devices carry significant risks, particularly when used on crowded urban roads, in adverse weather conditions, or without proper safety equipment.

E-bike accidents can occur due to various factors: negligence of a vehicle driver, road infrastructure defects (potholes, cracks), third-party causes (a pedestrian crossing carelessly), or even a malfunction in the device itself. In any case, if you have been injured in such an accident and sustained bodily injuries, you have important legal rights that must be asserted.

What Are the Rights of E-Bike Accident Victims?

A victim of an e-bike accident is entitled to several legal remedies:

• Financial Compensation from the Responsible Party: If a third party (vehicle driver, property owner, equipment manufacturer) is proven to be responsible for the accident, you may file a tort claim for compensation for all damages incurred — including medical expenses, lost income, pain and suffering, property damage, and more.
• Allowance and Compensation from National Insurance: An e-bike owner injured in an accident may be entitled to an allowance or one-time benefit from the National Insurance Institute, depending on the degree of disability and the medical consequences of the injury.
• Property Insurance Claim: If your property (the e-bike itself, phone, clothing) was damaged in the accident, you may file a claim with the liable party's insurance company to cover the damages.
• Medical Expenses and Treatment: All medical expenses incurred as a result of the accident — examinations, treatments, medications, physical therapy — may be covered in your claim.

What Are the Steps in the Legal Process for an E-Bike Accident?

The process of handling a tort claim arising from an e-bike accident includes several important steps:

1. Immediate Evidence Collection: Following the accident, it is important to document the scene (photographs), collect witness information, obtain a police report if filed, and create a detailed medical record of all injuries and treatment received.
2. Legal Consultation: Contact an experienced attorney in tort law to review your rights and determine a claim strategy. At this stage, the attorney will examine the third party's liability, the reasonable amount of compensation, and settlement options.
3. Filing a Claim or Compensation Demand: Often, the claim can be resolved through direct negotiations with the liable party's insurance company. If no settlement is reached, a formal lawsuit will be filed in court.
4. Medical-Legal Examination: In claims involving significant bodily injuries, the court may order an independent medical examination or hearing before a medical committee to determine the degree of disability and compensation rate.
5. Negotiations and Settlement or Court Proceedings: Most claims are settled, but if the parties cannot reach an agreement, a hearing will be held before a judge who will determine the amount of compensation.

How much compensation are you entitled to in an e-bike accident?

The amount of compensation in an e-bike accident depends on multiple factors, and each case is examined individually. Generally, compensation includes the following components:

• Personal injury damages: Pain and suffering, loss of earning capacity, permanent or temporary disability, medical expenses, and medical treatment. This amount varies according to the severity of the injury, duration of recovery, and long-term impact on quality of life.
• Direct financial expenses: Costs of examinations, treatments, medications, physical therapy, psychological treatment if required, and transportation expenses for medical treatments.
• Loss of income: If you were injured and unable to work for a certain period, you are entitled to compensation for income lost during recovery.
• Property damages: Repair or replacement of the e-bike, related equipment, and any other property damaged in the accident.

In certain claims, the compensation amount may range from thousands of shekels for minor accidents, but in serious accidents with permanent disability or long-term impact on work capacity, the compensation amount can reach tens of thousands of shekels or more. An experienced tort lawyer will be able to estimate the reasonable compensation amount according to the specific circumstances of your case.

What types of damages are covered in a tort claim?

A tort claim following an e-bike accident can cover a wide range of damages:

What is the difference between national insurance and a civil tort claim?

It is important to understand that there are two compensation systems for accident victims in Israel:

National Insurance: A state system that provides allowances and assistance to victims of work accidents and traffic accidents. Entitlement to national insurance benefits is not dependent on proving fault of a specific party — it is based on the fact that you were injured in an accident. However, benefit amounts are generally lower than compensation in a civil claim.

Tort claim (civil claim): A claim filed against the party responsible for the accident (or their insurance company), in which you must prove the party's liability. If liability is established, the compensation amount is generally much higher than national insurance benefits, as it includes compensation for all damages incurred.

In practice, an injured party in an accident may simultaneously file a request for a benefit from the National Insurance Institute and file a civil tort claim. Upon settlement of the civil claim, the amount of the benefit already received from the National Insurance Institute may be deducted from the final compensation amount (in accordance with the law).

What Should You Do Immediately After an Electric Bicycle Accident?

Your first steps immediately following an accident are very important for the strength of your claim:

1. Check Your Health: If there is any suspicion of injury, seek immediate medical examination at a hospital or clinic. Immediate medical documentation is very important.
2. Call the Police: If the accident involves a vehicle driver or witnesses, ask the police to come to the scene and prepare a police report. A police report is important evidence in your claim.
3. Collect Witness Details: Obtain names, phone numbers, and addresses of anyone who witnessed the accident.
4. Photograph the Scene: Take detailed photographs of the accident location, condition of the bicycle, any signs of damage to the road (potholes, cracks), and any relevant details.
5. Preserve All Medical Documents: Safely store all medical bills, medication prescriptions, National Insurance certificate, and any other medical documents.
6. Contact an Attorney: As soon as possible, contact a tort law attorney for legal advice. In some cases, there are legal time limits (statutes of limitations) that you must meet.

What If the Responsible Party Is Unidentified or Uninsured?

Sometimes, in an electric bicycle accident, the responsible party may be unidentified (for example, a hit-and-run driver) or uninsured. In these cases, there are options:

• State Compensation Fund: Under the State Compensation Fund Law, there is a protection system for injured parties when the responsible party is unidentified or uninsured. Under certain conditions, you may file a claim with the State Compensation Fund for partial compensation for your damages.
• National Insurance: You may file a request for a benefit from the National Insurance Institute, which covers part of your damages regardless of identifying the responsible party.
• Personal Insurance: If you have personal insurance or homeowner's insurance that covers bodily injury damages, you may be entitled to compensation from your insurance.

What If the Injured Party Is a Minor or a Person with Limited Legal Capacity?

If the injured party in the accident is a minor (under age 18) or a person with limited legal capacity, legal handling requires court approval:

• The injured party's parents or guardian cannot settle a claim with full independence — any settlement requiring waiver of rights must receive court approval.
• The court examines whether the settlement is in the best interest of the injured party and whether the amount is fair.
• This process requires experienced legal representation to ensure the injured party's rights are protected.

Why Is It Important to Consult with a Personal Injury Attorney?

A personal injury claim resulting from an electric bicycle accident is a complex legal process that requires in-depth knowledge of laws, procedures, and legal strategies. Here is why it is important to consult with an experienced attorney:

• Proper Assessment of Your Rights: A personal injury attorney will be able to thoroughly examine your case, evaluate the reasonable amount of compensation, and identify all damages you are entitled to claim.
• Collection of Strong Evidence: An attorney can guide you on how to collect strong evidence (medical documentation, witness statements, photographs) that will strengthen your claim.
• Effective Negotiation with Insurance Companies: Insurance companies typically attempt to offer compensation below what is fair. An attorney can conduct effective negotiations and secure a fair settlement on your behalf.
• Court Representation if Required: If your claim reaches court, an attorney can represent you fully, cross-examine witnesses, and advocate for you before the judge.
• Compliance with Legal Deadlines: Statutes of limitations and other legal deadlines are critical. An attorney will ensure you meet all important deadlines and do not lose your rights due to delay.

How Mendelboim, Gor, Witzman-Gor & Co. Can Help You

Mendelboim, Gor, Witzman-Gor & Co., Attorneys at Law, specializes in personal injury law and represents claimants exclusively. With over 18 years of experience in the field, we are experts in handling claims arising from traffic accidents, workplace injuries, public negligence, and insurance claims. Here is what we offer:

• Free Initial Consultation: At the first meeting, we will examine your case, answer all your questions, and propose a legal strategy.
• Full Representation Throughout Your Claim: We will handle every stage of your claim — from evidence collection through settlement or court proceedings.
• Contingency Fee Basis: You pay a fee only if you win your claim or reach a settlement, ensuring that both we and you have a mutual interest in success.
• Personal and Dedicated Service: We believe in personal and dedicated representation for every client. Each case is handled with depth and care.

We are located in Ramat Gan and Petach Tikva, and we are available for consultation at times convenient for you. If you have been injured in an electric bicycle or scooter accident, do not wait — contact us today for a free initial consultation.