E-Scooter Accidents in Ontario: Who Is Liable and What Insurance Applies?

E-scooters have become a common sight in Ontario cities. They are fast, convenient, and appealing—especially in urban areas like Ottawa. But as their use has increased, so have serious injuries involving pedestrians, riders, and vehicles.

Since 2005, Auger Hollingsworth Accident & Injury Lawyers has helped injured Ontarians navigate situations where the law has not yet fully caught up with new technology. As Brenda Hollingsworth explained on Ask the Expert, e-scooter accidents raise unique legal and insurance issues that surprise many people—often after someone has already been hurt.

Understanding how liability works before an accident happens can help protect both riders and pedestrians.

Are E-Scooters Treated Like Vehicles Under the Law?

In many respects, yes.

When an e-scooter injures a pedestrian, the rider is generally treated like a vehicle operator for liability purposes. If you clip a pedestrian and cause injury, you can be held legally responsible for the harm caused.

The key difference is insurance.

Unlike cars, e-scooters are not covered by auto insurance. Even if you have extended auto coverage, it does not apply when you are riding an e-scooter. This creates serious consequences for both injured pedestrians and riders.

What Insurance Applies If an E-Scooter Injures a Pedestrian?

This is one of the most misunderstood aspects of e-scooter accidents. If you injure someone while riding an e-scooter:

• Your car insurance does not apply
• The injured pedestrian does not have access to Accident Benefits
• Compensation depends on whether the rider has other insurance or assets

In many cases, the rider’s homeowner’s or tenant’s insurance may respond. These policies usually include a personal liability (negligence) rider, which can apply if someone is injured due to your negligence.

This surprises many people, but in e-scooter cases, home or tenant insurance is often the first place lawyers look, not auto insurance.

Why Pedestrians Face Greater Risk With E-Scooter Accidents

If a pedestrian is struck by a car in Ontario, Accident Benefits automatically apply. These benefits can cover:

• Medical and rehabilitation expenses
• Income replacement
• Attendant care
• Other essential supports

With e-scooters, there are no Accident Benefits. That means:

• No automatic coverage for physiotherapy
• No guaranteed income replacement
• No insurer stepping in immediately

Unless the rider has insurance or personal assets, injured pedestrians may be left without meaningful financial support. This is why Brenda described the current e-scooter landscape as a legal “wild west.”

Scooters travel quickly, have significant power, and operate close to pedestrians—yet lack the insurance framework that exists for motor vehicles.

What Counts as an E-Scooter Legally?

Not all scooters are treated the same. The legal distinction is simple:

• Kick scooters (powered only by the rider) are not e-scooters
• Motorized scooters—battery or gas powered—are e-scooters

Once a scooter is powered by something other than the rider, it falls into a different legal category, with restrictions on where and how it can be used. For example:

• E-scooters are not permitted on roads with speed limits over 50 km/h
• Riding on high-speed roads is not only illegal—it is extremely dangerous

Rental scooters are typically geofenced to prevent use on certain roads. Personally owned scooters are not, which places greater responsibility on the rider.

Are Rental E-Scooter Companies Responsible for Injuries?

Many riders assume that renting an e-scooter automatically includes insurance, similar to renting a car. That is not the case. At present:

• There is no insurance product you opt into when renting an e-scooter
• Rental companies are not automatically responsible for rider error

A claim against a rental company usually depends on proving a mechanical failure, such as defective brakes. Even then, these cases are difficult.

As Brenda explained, after accidents, scooters are often quickly removed and repaired before independent inspection can occur. While scooters do contain GPS data showing speed and location, that data often points to rider behaviour, not mechanical failure.

In short, injured riders should not assume the rental company’s insurance will protect them.

What Happens If You Are “Doored” While Riding an E-Scooter?

When an e-scooter rider is struck by a car door opening into traffic—commonly known as dooring—the legal analysis changes significantly.

In these cases:

• The driver is typically 100% at fault
• A motor vehicle is involved
• The injured rider is entitled to Accident Benefits
• The driver’s auto insurer responds

Legally, this scenario is treated much like a cyclist or pedestrian being struck by a vehicle. These accidents are often severe and, in some cases, fatal.

Because a motor vehicle is involved, the insurance protections that are missing in standalone e-scooter accidents do apply here.

Why E-Scooter Law Has Not Caught Up Yet

As with many new technologies, the law is behind reality.

E-scooter programs in Ontario cities have largely been pilot projects, reviewed year-to-year. Governments collect data, study injury patterns, and consider whether regulation, licensing, or insurance requirements should change.

While discussions are ongoing—particularly at the provincial level—legislative reform is slow. In the meantime, people are getting hurt.

If an e-scooter rider causes injury and leaves the scene, there is:

• No licence plate
• No easy way to identify the rider
• No guaranteed insurance coverage

These gaps create real challenges for injured people today.

How Riders Can Protect Themselves Legally

Until regulation improves, riders should take proactive steps.

Brenda’s most important recommendation was simple:

Have homeowner’s or tenant’s insurance with liability coverage.

This may be the only insurance available if:

• You injure a pedestrian
• You cause property damage
• Someone brings a negligence claim against you

Without it, personal financial exposure can be significant.

Have Questions After an E-Scooter Accident?

If you were injured as a pedestrian, rider, or cyclist in an e-scooter-related incident, your options may not be obvious. Early legal advice can help you understand what compensation is available.

Not sure if you need a personal injury lawyer? Start with a free, no-obligation consultation.