If you’re struck by a car on an electric scooter, insurance won’t cover you, high court rules

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The state's high court ruled Tuesday in the case of a rider struck in Elizabeth.

The rider of a low-speed electric scooter is not considered a pedestrian, like bicyclists are, under New Jersey insurance law, the New Jersey Supreme Court ruled Tuesday.

The high court acted in Union County case brought by a man who was struck by a vehicle in Elizabeth in 2021 while riding aThe rider, David Goyco, sought coverage from his auto insurer, Progressive, under his personal injury protection, or PIP. Progressive denied Goyco’s claim, finding the scooter was not an “automobile,” nor a “pedestrian,” the decision says., where judges agreed with Progressive’s stance that being on a scooter is not a situation they could cover with PIP.governing the use of low-speed electric scooters - scooters with a max speed of 20 mph - directed they be regulated like regular bicycles, by allowing them on public roads but not requiring registration, insurance or a driver’s license.

The No Fault Act covers bicyclists as pedestrians due to the definition of the word pedestrian, which is requires “muscular power.”

 

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