The victims are unprotected and may not receive compensation for the damage suffered due to the existing gaps in legislation and the uneven regulation in each municipality.
Accidents in the use and traffic of so-called Personal Mobility Vehicles (electric scooters) are increasing, generating their own damage and that of third parties, and the victims are
unprotected and may not be reimbursed for the damages and losses suffered as a result of the existing gaps in legislation and the unequal regulation in each municipality. And the mandatory insurance for electric scooters, recently announced by DGT, “will not come into effect until 2024 given the technical complexity involved in enacting the legislation that covers this type of insurance.” For example, they denounce this situation by ANAVA-RC, the National Association of Lawyers for Accident Victims and Civil Liability.
It calls for a quick fix in this increasing road reality and ensures that the mandatory insurance for electric scooters that the DGT has just announced must be backed up by a legal framework supporting it. Although they are not motor vehicles, they are within the regulations of the Road and Road Safety Act, which means that drivers must respect the driving regulations. However, it is a discussion that needs to be had as according to a report by insurer Mapfre there were as many as 13 fatal accidents in 2021 and so far this year.
more than 200 accidents with injuriesof them 44 seriously.
In front of
Manuel Castellanoschairman of ANAVA-RC, there are many things to discuss including distinguishing between insuring the driver or the scooter, finding a flexible option that can be adapted to the risk you want to protect and also taking into account the fact that your drivers are circulating on the road and who don’t have a driver’s license, and many of them don’t even know the traffic rules.
“What is clear is that this type of vehicle promotes sustainability and the environment, which is why they gain a very important weight in cities. However, what the government is currently doing is protecting pedestrians from sidewalks by banning their movement on them. The displacement of the users of the scooters to the road leads to other types of accidents that are much more dangerous because the vehicles with which they coexist drive around at 50 and 60 km/h, while the electric scooter can travel up to 25 km/h » points out.
Regarding the obligation to take out insurance, Castellanos assures that “his insurance must be an urgent reality and, if possible, with the same coverage as the mandatory car insurance, but unfortunately its implementation will take time because there is a huge there is a legal vacuum and there is a need to protect injured third parties. The user usually rents these vehicles and the accidents are caused by these scooters for a pedestrian, but the user who rides them can also suffer. However, if the driver of the scooter suffers owns a motor vehicle, it is covered by compulsory car insurance. The problem is when the driver of the scooter is the cause of the damage. There is no insurance and except in cases covered by the scooter rider’s home contents insurance, the victim can be left without compensation for the damage suffered if the scooter user is insolvent.
When defining a specific insurance, aspects such as the premium and its coverage should be taken into account. These vehicles can cause death or serious injury. When purchased, they can cost about 300 euros, therefore the premium should be sufficient, from 25 to 80 euros, with which to consider what coverage is proposed. From ANAVA-RC, they see it foreseeable at the regulatory level that, in the light of the misuse of this type of vehicle, other measures will be adopted such as the use of reflectors, registration, helmet, circulation permit…
It should be added that the DGT only gives instructions aimed at administratively penalizing users who drive irresponsibly, carelessly or in violation of traffic rules, but does not activate awareness campaigns of such a latent reality as the multiplication of these personal mobility vehicles and the need to accustom, with caution, to the coexistence of electric scooter users on public roads.
Finally, Castellanos emphasizes that “we are aware that users of scooters who cause serious injury or death to pedestrians as a result of negligent use of the vehicle for personal mobility or misdirection may be subject to criminal liability, which may even lead to jail time, so we all should be aware that it can be an element of risk hence the need for insurance similar to mandatory car insurance.
Added to this is the delay that will arise in enacting the legislation protecting this type of insurance. To have legal coverage, the quickest solution would be to make it mandatory at the national level.
Source: La Verdad
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.