By James Miller, Esq.
In my previous article, “E-Bikes Are Vehicles, Not Toys – The Law is at Odds with Reality Part I: A Trial Lawyer’s Perspective,” I discussed how E-Bikes may not match the definition as defined under Pennsylvania law. Should an accident occur, the insurance company will ask a lot of questions and there may be liabilities or violations that parents never anticipated when they bought the bike.
When people think about serious motor vehicle accidents, they usually assume insurance will be available. Unfortunately, with e-bikes, the answer is often far more complicated. Let’s look at some possible scenarios.
Scenario 1: Your Child Is Hit by a Car
Suppose a distracted driver strikes your child while the child is lawfully operating an e-bike.
The driver’s automobile liability insurance may provide coverage. However, if the driver’s insurance is insufficient, families often expect uninsured motorist (UM) or underinsured motorist (UIM) coverage to automatically fill the gap. In practice, insurance companies frequently litigate coverage issues aggressively, especially when injuries are severe and damages are substantial. Whether UM or UIM coverage ultimately applies often depends on the specific policy language and the facts of the accident.
The result can be years of litigation over insurance benefits that many consumers assumed they already had.
Scenario 2: Your Child Causes an Accident
Now consider the reverse situation.
Your child rides an e-bike through an intersection and collides with a pedestrian, causing serious injuries.
That injured pedestrian may pursue claims against:
- The child;
- The parents;
- Anyone who negligently entrusted the vehicle to the child.
Families are often shocked to discover that an accident involving an e-bike may create difficult questions regarding whether homeowners, renters, umbrella, or other liability policies provide coverage.
Many insurance policies contain exclusions involving motorized vehicles. Coverage often depends upon the policy language, the characteristics of the e-bike, and whether the vehicle fits within specific policy definitions.
The practical reality is simple: coverage disputes are expensive, unpredictable, and stressful.
Scenario 3: The “E-Bike” Is Not Really an E-Bike
Many products sold online are marketed as e-bikes but exceed Pennsylvania’s legal limits.
If the vehicle:
- Exceeds 750 watts;
- Exceeds 20 mph under motor power;
- Lacks proper pedals; or
- Falls outside Pennsylvania’s statutory definition,
Then the rider may not be operating a legal e-bike at all.
That can create additional licensing, registration, liability, and insurance complications. All of a sudden, coverage questions are answered with “maybes.” Maybe there is medical coverage. Maybe there is coverage because the at fault driver was underinsured. Maybe there is coverage to compensate for future medical costs, loss of future wages, and immense pain and suffering. If the child’s ‘e-bike’ is actually a 35 mph electric vehicle that does not meet Pennsylvania’s definition of an e-bike, the insurance company may have several coverage defenses it would never have raised if the child had been riding an ordinary bicycle.
Parents should carefully review manufacturer specifications before purchasing any electric bicycle. Never rely solely upon marketing materials that label a product as an “e-bike.” The last article of this series, “E-Bikes Are Vehicles, Not Toys – The Law is at Odds with Reality Part III: The Most Important Question Parents Should Ask” will explore the questions you should ask before purchasing an E-Bike and give some practical Safety Recommendations.
