For some weeks and months now, we have been electric scooters are on everyone's lips. Because of their convenience, because of their advantages and also because nobody knows exactly what is legal about them. Can they be used on pavements, on roads...?
Today we want to explain how the regulations stand, what happens to the companies that rent them and what happens to the companies that rent them. our responsibility If we have one, is it covered by the household insurance?
Current regulations on electric scooters
Just as when the use of bicycles became widespread, conflicts arose between pedestrians, motor vehicles, etc., the same thing is happening with the emergence of electric scooters. It is going to take some time before it is properly regulated, and it could be said that at the moment they operate under a legal vacuum, They have no space of their own to move around in.
These scooters are classified as Personal Mobility Vehicles(hereinafter VMP) and which is classified by the DGT itself.
They are new forms of urban mobility, which are classified as type A MPVs. However, despite carrying it, they are not considered as “motor vehicles”, they are only “vehicles”. Hence, for the time being, they are not required:
Much to our regret, their regulation takes place on a case-by-case basis, City Hall by City Hall. No national regulation This is what has led to this regulatory vacuum, in which we do not know where we are supposed to go.
In most of Spain's town councils, the following are taking shape municipal by-laws so that the citizen knows which rules to comply with.
Recently, in October 2018, Madrid launched its ordinance, banning them from riding on pavements (equating them to bicycles). They will only be allowed to ride on bike lanes or on the road.
Electric scooter rental companies and the sharing of responsibilities
In the main cities of Spain (Barcelona, Madrid, Valencia, Zaragoza...), several companies have already launched themselves into the business of shared or rented electric scooters. We are talking about Koko,Lime and Voi, among others.
However, they have done so with considerable legal uncertainty, As it has landed without a defined regulation, in some cities such as Madrid it has been banned, and in Barcelona, its use on pavements has been denied, increasing the risk of accidents for users.
In addition, there is not only the legal risk, but also the risk of who pays compensation for possible damages accidents involving electric scooters. To check this, we must go to the “conditions of use”of each company.
For the time being, we will say that in the case of Koko is quite transparent and easy to access, Voi is also simple, but it is in English, and in the Lime to be able to see it you have to download the app and, not only that, but they are in English.
The first indicates that it has Civil Liability insurance, but be careful because it indicates that if there is an accident caused by a “distraction”, the damages “will not be covered by the contracted insurance”. It is not clear how this clause could affect us.
With regard to Lime, the direct conclusion from reading the section on responsibilities is that the user is solely responsible. Copying in English what it says: “You are solely responsible...for any and all consequences...foreseeable or unforeseeable... as a result of using any of the services”.”. Which translated reads: “You are solely responsible for any and all consequences... Foreseeable or unforeseeable... As a result of the use of any of the services.”.
Similar conclusions are reached with Voi, which in point 3.3 of its terms of use, in English, states: «...You assume full and complete responsibility for all related risks, dangers, and hazards, and You agree that Voi are not responsible for any injury, damage, or cost caused by You...».
As we can see, we are taking a risk in either case. We thank the Heraldo de Aragón that you have echoed our comments on this issue.
Does my home insurance cover liabilities for using the electric scooter?
Going back to what we said at the beginning about the evolution of urban mobility, the insurance household also had to adapt to the use of bicycles. and their possible liabilities. As we know, most insurers are now providing cover for possible accidents caused while riding a bicycle.
On the use of scooters not most, but some, have reacted and would also cover these impacts. Nevertheless, it is worth checking, The consequences of such an accident could be very high.
We have consulted the companies we work with, and less than half of them would provide coverage. If you would like us to help you with these formalities, we at PIB Group Iberia we will help you find the home insurance that really addresses your main concerns.
Mapfre Foundation Report 2019
At the beginning of 2019 Mapfre Foundation in collaboration with the Spanish Road Association, produced a report containing an analysis of this issue.
It discusses:
Current regulations
Feedback from users, drivers and pedestrians
Accident rate in 2018: 5 fatalities and more than 300 accidents
And we should know that at the end of 2018 there were already more than 20,000 electric scooters circulating in Spain, according to figures from the Association of Users of Personal Mobility Vehicles (AUVMP).
