Accidents involving mobility scooters

If you’ve been injured in a mobility scooter accident that wasn’t your fault, you could be entitled to claim compensation for your injuries and financial losses

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Mobility Scooter Accident Claims

Mobility scooters have become a valuable means of transportation and independence for individuals with limited mobility worldwide. These vehicles provide a convenient mode of travel, enabling individuals to navigate through their daily lives with greater ease.

However, as with any mode of transportation, accidents can occur, resulting in injuries and significant disruptions to one’s life. Many factors could lead to a scooter accident, including failure to follow safety guidelines and traffic rules, environmental hazards and mechanical failures.

If you have experienced an accident involving a mobility scooter, it is essential to understand your rights to claim compensation for your injuries and other related damages. To receive a free consultation with an experienced legal adviser, call 0800 470 0474 or enter your details into our online claim form for a call back.

Find out if you can claim

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Table of Contents

Am I eligible to make a mobility scooter accident claim?

If you were involved in a mobility scooter accident, you might be wondering if you could receive compensation for your pain, suffering and related financial losses. The easiest way to determine whether you have a valid claim for a mobility scooter accident is through a free consultation with a legal adviser. They will assess the strength of your case by verifying that:

The defendant had a duty of care towards you
Their negligence or wrongdoing has caused your accident
You suffered an injury or injuries as a result

Based on the circumstances of your accident, different UK legislation might apply to establish a duty of care, including:

The Road Traffic Act 1988

This legislation outlines the legal obligations of mobility scooter users on public roads. It requires mobility scooter drivers to register their vehicles, follow traffic rules and signals, and not cause harm or inconvenience to others.

Equality Act 2010

This legislation prohibits discrimination against individuals with disabilities. It requires service providers, including those responsible for public spaces and transportation, to make reasonable adjustments to ensure equal access and safety for disabled individuals, including mobility scooter users.

Health and Safety at Work Act 1974

If a mobility scooter accident occurs within the workplace or on work premises, the employer has a duty of care to provide a safe environment for employees and visitors. That includes ensuring the safe use of mobility scooters and implementing necessary safety measures.

The Occupiers’ Liability Act 1957

This Act establishes the liability of owners or occupiers of premises for accidents and injuries that occur on their premises. This duty includes taking reasonable steps to prevent foreseeable harm and maintaining the premises in a reasonably safe condition to prevent a mobility scooter accident.

If your solicitor can establish a breach of duty and you are within the time limits to pursue compensation, they will offer you a no win no fee* service and guide you through the steps of the claims process.

What do I need to start a mobility scooter injury claim?

Gathering evidence to support a mobility scooter accident claim is essential for the claims process. Your solicitor will be able to assist you with this, but you should try to collect as much of the following as possible after your accident:

A medical report of your diagnosis and any treatments you received to assess the severity and prognosis of your injuries;
Photographs of the accident scene from different angles before anything is moved;
Photos of your injuries and the damage to your property;
Dash cam or CCTV footage if your accident was caught on camera;
The contact details of anyone who witnessed the accident and could provide a statement later;
If you were involved in an accident with another driver, their vehicle and insurance details;
Evidence of financial losses and expenses, such as pay slips, invoices and receipts;
Your notes about how the accident occurred and how it has affected your life.

Once you have everything you need to prove liability and the extent of the pain and suffering caused by the scooter accident, your solicitor will contact the other side responsible for your accident. They will consider everything you have been through and work hard to negotiate the best compensation possible on your behalf.

Rules regarding the use of mobility scooters

In the UK, there are specific rules and regulations regarding the use of mobility scooters to ensure the safety of both scooter users and pedestrians. Some key points to consider include:

Classifications

Mobility scooters are classified into different categories based on their design and capabilities. Class 2 scooters are intended for indoor and pavement use, while Class 3 scooters are larger and can also be used on the road.

Age and disability requirements

To use a Class 3 mobility scooter on the road, the user must be at least 14 years old. There are no age restrictions for using Class 2 scooters. Additionally, users should have a mobility-related disability to qualify for using a mobility scooter.

Speed limits

Class 2 scooters have a maximum speed limit of 4 mph (6.4 km/h) on pavements or pedestrian areas. Class 3 scooters have a top speed limit of 4 mph (6.4 km/h) on pavements and 8 mph (12.8 km/h) on roads.

Pavement Use

Class 2 scooters are designed primarily for pavement use. Scooter users should give pedestrians the right of way, travel at a safe speed, and be mindful of others using the pavement.

Road Use

Class 3 scooters can be used on the road but must follow specific guidelines. They should travel in the direction of traffic, use the appropriate lanes, and observe traffic rules and signals. It is recommended to use designated crossing points and be cautious of other road users.

Consideration for Others

Mobility scooter users should be considerate of other pedestrians, cyclists, and road users. They should avoid reckless or aggressive behaviour and be aware of their surroundings to prevent collisions or accidents.

If you suffered a mobility scooter accident by breaking any of these rules, you could lose your rights to compensation. Likewise, if you suffered an injury because a mobility scooter driver has failed to comply with these rules and regulations, you are likely entitled to compensation for your losses.

Can I claim compensation if I was hit by a mobility scooter?

If you were hit by a mobility scooter and sustained injuries, you might be eligible to claim compensation from the driver’s insurers. In this case, a personal injury solicitor could help you start a pedestrian accident claim.

There are several circumstances where the mobility scooter driver could be held liable for your injuries, including:

Sheer carelessness and not paying attention
Driving recklessly or at excessive speed
Failure to yield the right of way
Driving with bad eyesight

Such accidents can occur in various settings, such as pavements, pedestrian crossings, car parks, supermarkets, shopping centres or other public areas. Factors such as poor visibility, crowded spaces, or lack of proper signage or markings can also contribute to accidents with mobility scooters and pedestrians.

Each case is unique, and liability will depend on the specific circumstances and evidence surrounding the incident. If you have been hit by a mobility scooter as a pedestrian, it is advisable to seek legal advice from a personal injury solicitor. They can assess your case and guide you on your rights and options for making a mobility scooter accident claim.

Common causes of mobility scooter accidents

Some of the most common causes of mobility scooter accidents include the following:

Operator error

Inadequate training or experience in operating a mobility scooter can lead to accidents. That includes not being familiar with the controls, improper manoeuvring, or failing to follow the traffic rules.

Environmental hazards

Uneven surfaces, potholes, debris, or slippery conditions can cause a mobility scooter to lose balance or traction, resulting in accidents. In this case, liability for the accident could lie with the local council, a landlord or the owner of a private property such as a shopping centre or car park.

Lack of visibility

Poor lighting conditions, obscured signage, or obstructed pathways can make it difficult for mobility scooter users to see obstacles or oncoming vehicles, increasing the risk of accidents.

Collisions with objects or pedestrians

Accidents can occur when a mobility scooter collides with stationary objects such as walls, furniture, or other vehicles. They can also be caused by accidental collisions with pedestrians or cyclists. If these accidents are due to the negligent actions of another road user, you might have a valid mobility scooter injury claim.

Mechanical failure

Malfunctioning brakes, faulty steering mechanisms, or other mechanical issues can lead to accidents while operating a mobility scooter. If an injury caused by a mobility scooter is due to mechanical failure, it is essential to assess the responsibility of the manufacturer, maintenance provider, or any other party involved in its upkeep. Under the Consumer Protection Act 1987, they might be liable for compensation.

Reckless behaviour

Engaging in risky behaviour such as excessive speed, sharp turns, or disregarding traffic rules can increase the likelihood of accidents.

Inadequate maintenance

Neglecting regular maintenance and servicing of the mobility scooter can lead to mechanical failures or reduced performance, increasing the risk of accidents. If you have recently had your mobility scooter serviced or repaired, it is also possible that the technician may have overlooked properly tightening a nut or used a non-standard part during the repair process. If this is the case, you may have grounds to claim against the company responsible for the repairs.

As long as another person, company, or authority was at least partially responsible for an accident involving a mobility scooter, this could lead to a personal injury claim for compensation. If you or a loved one have been the victims of negligence, call 0800 470 0474 or request a call back to discuss your case with a legal adviser during a free consultation.

Common injuries caused by accidents involving a mobility scooter

Mobility scooter accidents can result in a range of injuries, depending on the nature and severity of the incident. Some common injuries for which you could claim compensation include:

Broken bones

These can involve fractures in the arms, legs, wrists, or ankles, which may require medical intervention such as casting or surgery. Common symptoms associated with bone fractures include pain, swelling and limited mobility. Prompt diagnosis and appropriate treatment can help promote healing and prevent further complications.

Head and brain injuries

Traumatic brain injuries, concussions, or head contusions can occur if you fall off a scooter or collide with objects or vehicles. These injuries can range from mild to severe, potentially leading to long-term cognitive, physical, or emotional impairments.

Soft tissue injuries

Sprains, strains, and soft tissue contusions can occur in various parts of the body, such as the shoulders, knees, or back, due to sudden impacts or falls. Such injuries can cause stiffness, weakness, pain and limited range of motion. Generally, mild to moderate soft tissue injuries may take a few weeks to a couple of months to heal, while more severe injuries may require a longer recovery period.

Cuts, lacerations, and abrasions

Accidents with sharp objects or collisions can lead to cuts, deep lacerations, or skin abrasions that may require stitches or medical attention. While they may vary in severity, they all involve the breaking or tearing of the skin’s surface and could lead to infections and permanent scarring.

Dislocations

Joints such as the shoulders or hips can be moved out of their normal position in mobility scooter accidents, causing severe pain and requiring medical intervention to relocate the joint. Symptoms of a dislocation may include intense pain, deformity, instability and limited range of motion. Recovery time for a dislocation varies depending on the severity of the injury and the joint involved and can range from a few weeks to several months.

Internal injuries

In more severe accidents, internal injuries may occur when there is trauma to organs, blood vessels, or other structures inside the body. These injuries are not immediately visible but can be severe and potentially life-threatening. They include organ damage and internal bleeding and may cause severe pain, dizziness and fainting, difficulty breathing and a rapid or weak pulse.

This list is not exhaustive, and if you suffered any type of injury due to someone else’s negligence, you should consult with a personal injury solicitor as soon as possible, as you might be entitled to compensation.

How much compensation could I receive for a mobility scooter claim?

Every claim is assessed according to the unique aspects of the case, so there is no set amount of compensation for a mobility scooter accident. The award you could receive depends on various factors, including the severity of your injuries, the impact on your life, and the extent of liability on the part of the responsible party.

You can usually recover two types of damages in a mobility scooter injury claim:

General damages are based on the pain and suffering caused by the physical injury, such as:

Physical pain and suffering
Emotional distress and psychological trauma
Reduced quality of life and life expectancy
The impact of the accident on your family, social life and hobbies
Loss of companionship or consortium
Loss of prospects and enjoyment of life

Special damages are based on the financial losses and expenses related to the accident and could include:

Loss of earnings and earning capacity
Medical expenses such as prescription costs, diagnostic tests and interventions
Costs of care and assistance needed after the accident
Modifications to your home or vehicle to accommodate a disability
Travel expenses to hospitals or to meet your solicitor
The cost of repairing or replacing any property destroyed in the accident

The Judicial College is an office of the Ministry of Justice that provides guidelines to assist solicitors in determining appropriate compensation levels in personal injury cases. These amounts are based on the type and severity of the injury. You can find out how much you could be entitled to claim for your mobility scooter accident by referring to our online compensation calculator.

Time limits to start a mobility scooter accident compensation claim

The time limit to start a mobility scooter accident claim can vary depending on the claimant’s circumstances. Typically, the limitation period within which you must begin legal proceedings is three years, starting from either:

The date of the scooter accident
The date your injury was diagnosed, known as the date of knowledge

It is essential to be aware of these time limits to ensure your claim is filed on time. If you miss the limitation period, you will likely lose the chance to pursue compensation. However, there are several exceptions to the three-year time limit, such as:

For children under 18, the time limit only begins once they become legal adults. Before that, a claim could be started by a parent or legal guardian at any time, regardless of when they were injured.
If the injured person lacks the mental capacity to claim, the time limit is suspended indefinitely, and a litigation friend could claim on their behalf anytime.
If the accident was due to a manufacturing fault with the scooter itself, the limitation period is generally three years from the date of knowledge of the defect, or ten years from the date the scooter was first put into circulation.

Consulting with a personal injury solicitor as soon as possible after your scooter accident will ensure you start your claim within the prescribed timeframe to protect your rights and maximise your chances of a successful outcome.

Can I make a claim on behalf of someone else?

Depending on the circumstances, you might be able to seek compensation for a mobility scooter accident on behalf of a loved one as their litigation friend. For instance, you could claim on behalf of:

A child, if they were injured and are under 18
An adult who cannot handle legal proceedings
A loved one who has died due to a mobility scooter accident

Under the Mental Capacity Act 2005, an adult is considered a protected party and will need someone else to claim on their behalf if they suffer from any of the following conditions:

Post-traumatic stress disorder
Severe sleep deprivation
A learning disability like autism
A mental illness, such as schizophrenia
An intellectual disability such as Down syndrome
A neurological disorder like Parkinson’s disease
A stroke or traumatic brain injury

If you are claiming on behalf of someone else, you must have all the details regarding their accident, injuries and the treatments they received. Your solicitor could also assist you in gathering evidence and applying to the court to become a litigation friend for your loved one. Before appointing you, the court will verify that:

You can conduct legal proceedings on behalf of the claimant fairly and competently
You have no conflict of interest with the injured party
You agree to pay any fees requested by the court

Seeking legal advice is crucial to ensure you follow the correct procedures and meet all the criteria to become a litigation friend.

Can I make a mobility scooter accident claim on a No Win No Fee basis?

Yes, it is possible to claim compensation for an accident involving a mobility scooter on a no win no fee basis. Most personal injury solicitors offer this type of arrangement, also known as a Conditional Fee Agreement (CFA), which means you will not have to pay any legal fees upfront if you have a valid case.

If your claim is successful, your solicitor will receive a success fee from the compensation awarded to you. The success fee cannot exceed 25% of your award for pain, suffering and past financial losses. You will agree to it from the beginning, so there will be no hidden charges. If your case fails, you do not have to pay a single penny to your solicitor.

The After the Event (ATE) insurance your solicitor will take out on your behalf is another essential part of a no win no fee claim. ATE is a legal expenses insurance which provides coverage for the charges and expenses incurred during claiming if your case is unsuccessful, such as:

The defendant’s solicitor fees
Court and counsel fees
The cost of paralegal and other staff time
Printing and copying
Police and medical reports
Expert witness fees

Because it offers everyone the chance to pursue compensation regardless of their financial situation, no win no fee is the preferred way of funding a mobility scooter accident claim. To find out if you are eligible for this service, call 0800 470 0474 today or enter your details into the contact form below to receive a call back.