E-Scooter Riders Are Not Deemed Pedestrians under NJ No-Fault Law
In a unanimous decision, the New Jersey Supreme Court ruled that low-speed electric scooter (LSES) riders are not classified as “pedestrians” under the No-Fault Act and thus are not entitled to personal injury protection (PIP) benefits under auto policies.
The case involved David Goyco, who was injured while riding a Segway Ninebot e-scooter and sought PIP benefits from his insurer, Progressive. His claim was denied, leading to a legal challenge that ultimately ended with the Supreme Court’s decision. Goyco argued that LSES riders should be considered pedestrians similar to bicyclists, who are entitled to no-fault coverage under New Jersey law. The Court wasn’t convinced.
The Court stated that expanding the definition of “pedestrian” to include LSES operators would increase medical coverage but also raise insurance costs. Writing for the Court, Justice Solomon emphasized that any changes to PIP coverage for LSES operators should be decided by the legislature, not the court.
The court concluded that the 2019 statute regulating electric bikes and scooters does not affect the No-Fault Act’s definition of a pedestrian. The court’s decision upheld the Appellate Division’s ruling that Goyco is not entitled to PIP benefits because an LSES rider is not a pedestrian under N.J.S.A. 39:6A-2(h).
It should be noted, however, that bicyclists are demeed pedestrians under the No Fault statute. So if a bicyclist is injured riding a bicycle, PIP coverage is available to pay for medical bills.
So e-scooter riders be careful! If you get hurt, your Auto Insurance PIP coverage will not pay for your medical expenses.
If you have been injured due to another’s negligence while you are on an e-scooter, reach out to us for a free, no obligation consultation.
