Electric scooters are becoming increasingly common across Ontario, particularly in cities participating in provincial pilot programs. However, many riders are unsure what happens if they are hit by a car — especially if they do not have insurance. A common misconception is that if you are riding an uninsured e-scooter, you cannot claim compensation. In Ontario, that is not correct. Even if you do not carry insurance, you may still be entitled to accident benefits and possibly additional compensation if a motor vehicle was involved in the collision.
Under Ontario’s Insurance Act, anyone injured in a motor vehicle accident can apply for Statutory Accident Benefits (SABS), regardless of whether they were driving, cycling, walking, or riding an e-scooter. You do not need your own auto insurance policy to qualify. If you have your own car insurance, you would typically claim benefits through your insurer. If not, you may be eligible to apply through a spouse’s or household member’s policy. If no such policy exists, you may claim through the driver’s insurer. In situations where no insurance is available, compensation may still be accessible through Ontario’s Motor Vehicle Accident Claims Fund. Accident benefits can help cover medical and rehabilitation expenses, income replacement, attendant care, and other essential supports while you recover.
In addition to accident benefits, you may also have the right to sue the at-fault driver for damages such as pain and suffering, loss of income beyond statutory limits, and future care costs. The fact that an e-scooter may not have been insured — or may have been operated contrary to a municipal by-law — does not automatically prevent a lawsuit. The law in Ontario focuses on fault and causation. In the leading Supreme Court of Canada decision Hall v. Hebert, [1993] 2 SCR 159, the Court confirmed that unlawful conduct does not automatically bar a civil claim. A claim will only be denied where allowing it would undermine the integrity of the legal system. In practical terms, this means the court looks at whether the driver’s negligence caused the accident, not simply whether the injured person may have broken a rule.
That said, compensation can be reduced if the injured person contributed to the accident. This is known as contributory negligence and is governed by Ontario’s Negligence Act. For example, if an e-scooter rider failed to obey traffic signals, rode without proper lighting at night, or suddenly entered traffic without warning, a court may find that they share some responsibility. If a rider is found 25 percent at fault, their compensation would typically be reduced by 25 percent. However, it is uncommon for a claim to be completely dismissed unless the rider’s conduct was the sole cause of the collision.
The key takeaway is that in Ontario, being uninsured does not automatically eliminate your right to compensation if you are hit by a car while riding an e-scooter. Each case depends on its specific facts, including how the accident occurred and who was responsible. Because strict deadlines apply to accident benefit claims and lawsuits, it is important to seek legal advice promptly to protect your rights.
If you were involved in an e-scooter accident, call us today at 416-221-9343 or email us at lawyers@lmklawyers.com, at no cost, to discuss potential next steps. There are no fees unless we get you money.