What do you do in case of an accident with an electric bicycle?

The article was written in collaboration with Fenix Smart

In recent years there has been an increase in the popularity of electric bicycles, which allow you to move easily from place to place. The jump in the scope of electric bicycles also gives its signals in the number of annual casualties: according to data published by the Or Yerok Association, in 2023, 28 cyclists and electric scooters lost their lives. This is a 75% increase compared to 2022 and the highest number of fatalities due to the use of electric tools since it was allowed Riding them in Israel. And this is just the tip of the iceberg: in 2023, 806 people were hospitalized due to involvement in road accidents with electric bicycles. What do you do in the event of an accident with an electric bicycle – what did the legislator decide and who should compensate?

Coming soon – mandatory license plates for bicycles and electric scooters
As of August 1, 2024, electric bicycles and scooters will be required to have a license plate. All owners of bicycles and electric scooters will have to register in an online database on the website of the Ministry of Transportation. Each vehicle must have at least one license plate affixed, on the front or rear of the vehicle, or both. The license plate will allow more extensive use of video enforcement, especially regarding driving on crowded sidewalks.

The purpose of the new regulation is to strengthen the enforcement capacity against riders who drive wildly and endanger pedestrians and is an important step to improve road safety.

Involvement in an accident with an electric bicycle: who is responsible for compensation?
According to the ruling of the Supreme Court, an electric bicycle is not defined as a motor vehicle (even though it includes an engine). Accordingly, an injury caused to a pedestrian by an electric bicycle is not defined as a traffic accident, as opposed to, for example, an accident in which damage is caused as a result of an injury to a motor vehicle (such as a car or motorcycle). These definitions have an impact on the identity of the subjects of liability and the method of compensation.

If you were riding an electric bicycle and hit a pedestrian – since an injury by an electric bicycle as mentioned above is not defined as a traffic accident, the issues of liability and compensation will be discussed within the framework of negligence laws. Meaning: the pedestrian will be compensated only if it is proven that you were riding negligently, for example after crossing the road at a red light. This is what you will have to pay for the damages caused out of pocket, unless you have purchased in advance a dedicated electric bicycle insurance that includes third party coverage.

If your vehicle hits an electric bicycle rider – such a case is defined as a traffic accident for all intents and purposes (due to the involvement of a motor vehicle). Since in road accidents compensation is paid to those injured regardless of the identity of the person at fault in the accident (and because electric bicycle riders are not required to take out insurance), in such a case the payment for bodily damage will be applied to the mandatory insurance you have – insurance intended to cover bodily injuries caused in a road accident.

And what about property damage caused to a third party, such as damage to the rider's bike or other vehicles? In such a case, if the blame for the accident falls on you, you will have to pay out of your own pocket to cover the damages – unless you have third-party car insurance. This refers to insurance that can be purchased beyond the mandatory insurance, which every car owner is obligated to purchase. Third party insurance is intended to provide protection in the event that you damage the property of a third party. Do you intend to purchase car insurance with third party coverage? It is important to check the amount of compensation in advance, to protect your pocket from accidents in which significant property damage is caused. To allow you to drive with peace of mind, Phoenix's third-party insurance includes a coverage amount with an increased liability limit up to NIS 2 million.

Third party insurance covers the damages caused to a third party, but not the damages that may be caused to your vehicle. In order to enjoy the most extensive protection, you can purchase Phoenix's comprehensive insurance, which includes both third-party insurance and coverage against a wide range of risks to your vehicle – from vehicle theft to damages caused by an accident, and more.

What do you do when involved in an accident with an electric bicycle?

• Take personal details from the others involved in the accident.
• Document the scene of the accident – using photos or videos.
• Take details from eyewitnesses at the scene of the accident – in case they can support your version.
• If there were physical injuries following the accident – report them and the medical treatment you received.

The main thing is safety: rules for safe riding
If you ride an electric bicycle, it is important to observe a number of basic safety rules in order to return home safely (and also to protect your pocket from possible lawsuits):

• Be sure to drive within the speed limit.
• Concentrate on riding, avoiding distractions that could lead to an accident.
• Ride in the permitted places – on a designated path assigned to bicycles, and if there is no designated path, ride on the road (and not on the sidewalk) with care and observing the traffic laws.
• Check the condition of the bicycle – it is a motorized vehicle that travels at high speeds, so it is important to regularly check the brakes, lights and reflectors before setting off.
• Wear a helmet – it can prevent irreversible head damage.

The number of electric bicycles on the road requires us to be extra vigilant, and to equip ourselves in advance with covers that will protect us when necessary. Driving and riding and safe.

The article was written in collaboration with Phoenix Smart