Who Pays When a Child Is Seriously Injured on an E-Bike or ATV?

Every year, more Illinois parents purchase e-bikes, electric scooters, ATVs, and other recreational vehicles for their children. They offer independence, outdoor recreation, and an exciting way to spend time with family and friends. They also represent one of the fastest-growing areas of serious injury that we see as personal injury lawyers.

Over the past several years, emergency departments across the country have reported a dramatic increase in injuries involving e-bikes, e-scooters, and other micromobility devices. The U.S. Consumer Product Safety Commission has documented a sharp rise in emergency room visits involving these vehicles, particularly among children and teenagers. Hospitals are treating more traumatic brain injuries, facial fractures, spinal injuries, orthopedic injuries, and internal injuries than ever before.

Those statistics are alarming. What surprises many families even more, however, is what happens after the accident. They quickly discover that proving who caused the crash may be the easy part. The much harder question is: Who pays?

Illinois Has Recognized the Safety Problem

Illinois deserves credit for recognizing that e-bikes and other micromobility devices require modern regulation. Recent legislation has established a statewide framework for regulating e-bikes, e-scooters, e-motos, and similar devices by creating classifications, operating rules, and age restrictions designed to improve public safety. Additional legislation currently awaiting Governor J.B. Pritzker’s signature would, if signed, take effect in 2027 and impose additional requirements, including licensing, registration, and liability insurance, for certain higher-speed electric vehicles.

These are important steps. The law is beginning to acknowledge what many parents already know: today’s electric mobility devices are not the bicycles many of us grew up riding. Some are capable of traveling nearly 30 miles per hour, accelerate quickly, and weigh considerably more than a traditional bicycle.

Unfortunately, regulating how these devices are operated is only part of the solution. The insurance questions remain far more complicated.

The Insurance Gap Few Parents Understand

When two automobiles collide, there is usually liability insurance available to compensate the injured person. That is often not true when the accident involves an e-bike, e-scooter, ATV, dirt bike, or UTV.

Many of these vehicles are not required to carry liability insurance. Others may be covered only under limited policies or not at all. Homeowners insurance may exclude certain recreational vehicles. Automobile policies may or may not provide uninsured or underinsured motorist coverage depending upon the language of the policy and the circumstances of the accident.

Every policy is different. As a result, families frequently discover that there is little or no obvious insurance available to pay for medical expenses, rehabilitation, future care, or permanent injuries. That same problem affects not only riders, but also pedestrians, bicyclists, motorists, and passengers injured through the negligence of someone operating one of these vehicles.

“Illinois is making important progress by regulating these vehicles. But parents should understand that insurance coverage hasn’t necessarily kept pace. After a serious accident, one of the first things we investigate is every possible source of insurance coverage.” — Naperville injury attorney John J. Malm

Real Cases Illustrate the Problem

Our firm has handled several cases that demonstrate why insurance coverage has become one of the most important issues in modern recreational vehicle litigation.

In one case, we represented a 13-year-old boy who suffered a traumatic brain injury and skull fracture after another rider collided with him while he was operating an ATV. The at-fault rider had no liability insurance.

Rather than concluding there was no recovery available, we carefully analyzed the family’s insurance policies, challenged the insurance carrier’s position regarding both coverage and the severity of the injuries, and ultimately guided the case to mediation. Through that process, we secured a $350,000 settlement for the young man and his family.

In another case, a father and his two adult sons were riding two separate UTVs when they were struck from behind by an SUV. The father was airlifted from the scene because of the seriousness of his injuries, and both sons required emergency medical treatment.

Again, identifying every available insurance policy proved critical. Our investigation resulted in recovery not only under the at-fault driver’s liability coverage but also additional uninsured and underinsured motorist benefits, resulting in a combined settlement of $230,000.

The lesson from both cases is the same. Finding insurance coverage can be just as important as proving liability.

Don’t Assume There Is No Recovery

Families sometimes call our office believing there is nothing that can be done because the person who caused the accident had little or no insurance. That is often incorrect. Depending upon the facts, additional compensation may be available through:

• Uninsured motorist (UM) coverage
• Underinsured motorist (UIM) coverage
• Homeowners insurance
• Umbrella liability policies
• Recreational vehicle insurance
• Commercial insurance
• Product liability claims against manufacturers
• Claims against other negligent parties

Every serious injury case deserves a careful insurance analysis before anyone concludes there is no recovery available.

Why These Cases Are Different

Unlike traditional automobile collisions, accidents involving e-bikes, ATVs, dirt bikes, and UTVs often occur in recreational settings involving children, family members, friends, or organized riding areas.

Questions arise about liability waivers. Insurance exclusions. Off-road use. Definitions contained within insurance policies. Whether a vehicle qualifies as a motor vehicle under a particular policy. Whether uninsured or underinsured motorist coverage applies.

These issues can dramatically affect the value of a claim. An experienced attorney must understand not only personal injury law but also insurance coverage law.

“One of the biggest mistakes families make is assuming the insurance company has identified every available policy. Our job is to ask the next question: Is there another source of coverage? In many cases, that’s where the real recovery comes from.” — Attorney John J. Malm

What Parents Should Do Before an Accident Happens

The best time to think about insurance is before your child is injured. If your family owns an e-bike, ATV, UTV, dirt bike, or electric scooter, take time to review your insurance coverage with your agent.

Ask whether your automobile policy includes adequate uninsured and underinsured motorist limits. Ask whether your homeowners policy excludes recreational vehicle accidents. Consider whether an umbrella policy would provide additional protection.

And most importantly, make sure your children understand the rules governing the safe operation of these vehicles and always wear appropriate protective equipment.

Frequently Asked Questions About Who Pays After an E-Bike, E-Scooter, or ATV Accident

Who pays my medical bills after an e-bike, e-scooter, or ATV accident?

It depends on how the accident happened and who was at fault. If another driver, property owner, manufacturer, or another negligent party caused the accident, their liability insurance may ultimately be responsible for your damages. However, your health insurance may initially cover your medical treatment while your personal injury claim is pending.

Can I file a claim against the driver who hit me?

Yes. If a negligent driver caused your e-bike, e-scooter, or ATV accident, you may pursue a personal injury claim against that driver’s auto liability insurance. This may allow you to recover compensation for medical expenses, lost wages, pain and suffering, future medical care, and other losses.

What if the driver who hit me doesn’t have insurance?

If you were riding an e-bike or e-scooter and were struck by an uninsured or underinsured driver, you may be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage or that of a household family member. Coverage depends on your specific insurance policy and the circumstances of the accident.

Does homeowners’ insurance cover an e-bike or ATV accident?

Sometimes. Homeowners insurance may provide coverage if the accident occurred on private property and involved premises liability or certain negligent acts. However, most homeowners’ policies exclude injuries arising from the operation of motor vehicles, including many ATVs. Every policy is different, so it is important to review the applicable insurance coverage.

Does my auto insurance cover an e-bike or e-scooter accident?

It can in certain situations. If an automobile was involved, your uninsured or underinsured motorist coverage or medical payments coverage (if you purchased it) may apply. Auto insurance generally does not cover single-rider e-bike or e-scooter crashes unless a covered vehicle is involved.

Who pays if a defective e-bike, scooter, or ATV caused the crash?

If a design defect, manufacturing defect, or mechanical failure caused the accident, the manufacturer, distributor, or retailer may be liable under Illinois product liability law. Common defects include battery fires, brake failures, steering defects, tire failures, and throttle malfunctions.

What damages can I recover after an e-bike, e-scooter, or ATV accident?

Depending on the circumstances, you may recover compensation for:

• Medical expenses
• Future medical treatment
• Lost income and diminished earning capacity
• Pain and suffering
• Disability or permanent impairment
• Emotional distress
• Property damage
• Loss of normal life
• Wrongful death damages if a loved one was fatally injured

How long do I have to file a lawsuit in Illinois?

In most cases, Illinois gives injured victims two years from the date of the accident to file a personal injury lawsuit. However, important exceptions may apply, especially if the claim involves a government entity or a minor. Because evidence can disappear quickly, it is best to speak with an attorney as soon as possible after the accident.

Should I speak with an attorney after an e-bike, e-scooter, or ATV accident?

If you suffered significant injuries, the answer is usually yes. These claims often involve multiple insurance policies, disputed liability, or questions about defective products. An experienced Illinois personal injury attorney can investigate the accident, identify every available source of compensation, negotiate with insurance companies, and, if necessary, file a lawsuit to pursue the full compensation you deserve.

Contact the 5-Star Rated Illinois Injury Lawyers at John J. Malm & Associates After an E-Bike or E-Scooter Accident

Illinois is moving in the right direction by modernizing the laws governing e-bikes and other micromobility devices. Those efforts deserve recognition and will hopefully make these vehicles safer for everyone who uses or shares the road with them.

At the same time, serious accidents involving children will continue to raise difficult insurance questions. Even as the law evolves, many families will still face uncertainty over who is responsible for paying medical bills, future care, lost income, and other damages after a catastrophic injury.

At John J. Malm & Associates, we have seen firsthand how devastating these accidents can be. With more than 100 years of combined litigation experience and more than $100 million recovered for injured clients, our attorneys understand that successful representation requires more than proving who caused the accident. It requires identifying every available source of insurance coverage and pursuing every avenue of recovery available under the law.

If your child or another loved one has been seriously injured in an accident involving an e-bike, e-scooter, ATV, UTV, or other recreational vehicle, contact John J. Malm & Associates for a free consultation. We will investigate the accident, analyze every available insurance policy, and help your family understand its rights so you can focus on what matters most: your child’s recovery.