The Superior Court of New Jersey granted summary judgment in favor of an insurer defending the denial of a PIP claim for an insured riding a low-speed electric scooter (LSES). The case is Goyco v. Progressive Ins. Co., 2023 N.J. Super. Unpub. LEXIS 1117 (N.J. Super Ct. App. Div., 2023). Please note that this case is unpublished and therefore has limited precedential value. 

David Goyco was hit by a car while riding his LSES. He filed a claim for PIP benefits with his auto insurer, Progressive. The company denied his claim because Goyco's scooter "[did] not meet the definition of a qualifying automobile" under New Jersey law. Progressive also said Goyco was precluded from consideration as a pedestrian because he had been riding a scooter when he was injured. 

Goyco sued, claiming New Jersey law recognized bicyclists as "pedestrians" for purposes of no-fault coverage. He argued those riding an LSES should also be considered pedestrians under N.J. Stat. 39:4-14.16(g), which stated