"The scooter operator is responsible for your injuries. Now, does that mean you’re going to be compensated for them? Probably not," said Mike Bomberger with Estey & Bomberger. "Most scooter operators don't have insurance to cover them for the operation of the scooter."
While scooter riders must have a driver's license, they are not required to have insurance. Bomberger says it's also unlikely the scooter companies would be held liable in accidents.
“The waivers and disclaimers you sign are very, very detailed in favor of the company, almost under no circumstance can you go after company unless there’s a malfunction of the scooter itself," said Bomberger.
While attorneys are advertising they can help scooter victims, Bomberger believes compensation will be few and far between.
“We’ve gotten 10-12 calls and have only taken one case; they were hit by a car," said Bomberger.
Dr. Jeff Sugar, an urgent care doctor with Sharp Rees-Stealy Medical Group, says they've seen a range of injuries from head lacerations and sprains to contusions and fractures. He says urgent care departments report daily visits by patients injured using electric scooters and rental bikes.
Michael Sise, M.D., trauma surgeon and chief of staff of Scripps Mercy Hospital San Diego, said this:
“At Scripps Mercy Hospital San Diego, we definitely have seen an increase in injuries from riding motorized scooters. Most of those injuries occur within the first hours after people rent these vehicles. These scooters are incredibly dangerous. People are riding them in and out of traffic. Most riders aren’t wearing helmets or other protection, even though that’s required. And when someone flies off one of these scooters, they’re often launched head first.”
Until action is taken to require scooter operators to be insured, people hit will likely have to fend for themselves.