A throwback to our time riding Razor scooters as children, these vehicles provide a cheap and easy way to get around a city while reducing reliance on cars and easing congestion on public transit. These scooters on average reach a top speed of 15 mph, and are made for drivers to ride them in the bike lane. In order to take a ride on one of these scooters, the rider needs to download the affiliated smart phone application and create a login. Then a map will appear to show nearby scooters. When the user is near enough to the scooter, they tap the button within the app to unlock the scooter. The app prompts the user to take a picture of the QR code on the scooter, and scan their driver's license. Before a rider can jump on a scooter, they must agree to a contract that makes it clear that they are responsible for any injury or damage that they cause. Scooter rental costs around $1 to unlock, and riding costs from 15 cents a minute to $1 for 30 minutes of use. The e-scooters are “dockless” so when a rider is finished riding, they can park it anywhere that local ordinances permit. The Bird scooters have safety reminders on the footboard telling users that helmets are required, drivers must be over the age of 18, have a valid driver's license, and are limited to riding one person at a time. An active Bird user can acquire a helmet for free through the Bird app, they just have to pay for shipping. Some state laws require scooter riders to wear helmets, while others like California have abolished the helmet requirement for riders of stand-up scooters who are over the age of 18. Some cities have established their own e-scooter rules and regulations.

Various injuries can be caused in association with e-scooters. A scooter driver can be hit by another vehicle, a pedestrian can be hit by an e-scooter, pedestrians can trip over abandoned e-scooters, an e-scooter driver can crash due to road hazards, or a crash can be caused due to a malfunctioning scooter. If someone is injured in a scenario involving an e-scooter, the liability will likely fall to the negligent party. The scooter renter and the scooter company both may be liable for injuries caused by riders. The caveat, though, e-scooter riders are not required to carry liability insurance. If an e-scooter driver causes an injury, the driver is responsible and their insurance policy may cover the claim. The company that rents a driver the e-scooter probably won't cover that liability. Some cities require the scooter companies to provide “adequate insurance” for each of their users. Whether or not an individual is covered under their personal insurance depends on the terms and conditions of the policies they have in place. The standard auto policy excludes liability coverage for a vehicle with fewer than four wheels. Since these e-scooters have only 2 wheels, damage that occurs due to the use of an e-scooter would generally not be covered under the driver's personal auto policy. The agreement that users sign when they rent the scooter from Bird contains a statement that warns users “your automotive insurance policies may not provide coverage for accidents involving damage to this vehicle.” The standard homeowner's policy considers motor vehicles to be any vehicle that is self-propelled, and does not provide coverage for damages associated with such vehicles. Homeowner's policies are specifically written to cover a specific array of risks, and does not cover damage done by a motor vehicle because that sort of damage is more appropriately covered by an auto policy. A personal liability umbrella policy might provide coverage, as they provide protection over and above the limits of the underlying homeowners and auto policies. An umbrella policy can also cover things that are excluded from other insurance policies, such as vehicles with fewer than four wheels. An insured might be lucky and find that their personal liability umbrella policy covers damage they caused while riding on an e-scooter.

A lot of damage can be done at 15 mph. There have been several incidents of recorded injury since the scooters hit the streets. In Cincinnati, a pedestrian was sent to urgent care with injuries after being clipped by a scooter driver, running a red light in a cross-walk. This incident sparked a motion by a Cincinnati City Councilman that would make the scooter companies responsible for similar incidents. A fireman in San Diego hit a bump in the road, flew off his scooter, and lost consciousness. While being treated for a concussion and broken nose, he encountered a second man who had been injured in a similar e-scooter accident. A man in Dallas apparently wrecked an e-scooter and suffered injuries so severe that they were fatal.

The moral of this story is: riders beware. These scooters don't normally come with an insurance policy, and any damage will likely not be covered by a typical homeowners or auto policy. Check with your insurer to see what coverage is provided, and check with your city to see if they have enacted any rules and regulations for riders to follow.