An accident with an e-bike can quickly become expensive - both for the person responsible and for the injured party. Anyone travelling with an e-bike or S-pedelec must observe special legal regulations depending on the model - especially with regard to compulsory insurance and traffic regulations. If an accident occurs, similar liability principles apply as with a car.
In this article, you will learn about the differences between pedelecs, e-bikes and S-pedelecs, when which insurance applies - and what you should do in an emergency to enforce your claims.
- Motor vehicles include the e-bike and the S-pedelec. The pedelec is classed as a bicycle.
- E-bikes and S-pedelecs therefore require their own liability insurance. However, the pedelec does not.
- If you are involved in a road accident through no fault of your own, the person who caused the accident must compensate you for the damage incurred.
- Claims then include material damage to the e-bike, clothing or helmet. There are also other damage items.
E-bike, pedelec, electric bike... what are the differences?
An electric bicycle is "only" a bicycle if its performance does not exceed 600 watts and it has a design speed of no more than 25 km/h owns.
However, an electric bicycle that does not fulfil these criteria is considered a motor vehicle - e.g. if the motor continues to provide assistance at over 25 km/h.
Caution: "Fast electric bikes" must comply with all applicable regulations that also apply to motor vehicles. Cycle paths may no longer be used with these e-bikes. They must be ridden on the regular carriageway.
What is an e-bike and how does it differ from a pedelec or S-pedelec?
E-bike is often used colloquially as a generic term for all electric bikes. However, this is not entirely correct.
A E-bike is an electric bike that can also be ridden, when the rider is not pedalling. Depending on the number of watts and the maximum speed, they are considered either a "bicycle" or a "motor vehicle". It is therefore essential that you pay attention to the regulations that apply to "fast electric bikes" - such as the mandatory motor vehicle liability insurance.
A Pedelec is a "Pedal Electric Cycle" with which a maximum speed of 25 km/h can be reached. You can go faster only ride when you are pedalling hard. The pedelec is considered a bicycle.
The S-Pedelec is a fast pedelec and falls under the category of mopeds. A speed of 45 km/h can be reached thanks to the motor assistance when pedalling. A moped driving licence is required for riding - as is motor vehicle liability insurance.
Is there a difference in liability between an e-bike and a normal bike?
In principle, there is no difference in liability, as the e-bike theoretically has no increased accident risk of its own. Unlike motorbikes, scooters and cars, no operational risk is attributed to the e-bike. In the event of an accident with an e-bike rider who has not acted with gross negligence, cars are partially at fault, as driving a car is generally considered dangerous in itself.
In the event of an accident between an e-bike rider and a normal bicycle, the question of who caused the accident is examined on a case-by-case basis.
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Do I need insurance for e-bikes?
Personal liability insurance is not sufficient for an e-bike and an S-pedelec. You must take out motor vehicle liability insurance for these types of electric bikes. This is classic scooter insurance. This is not necessary for a pedelec.
Make sure you check whether your private liability insurance includes your pedelec. If not, we recommend that you take out separate liability insurance to protect you if you cause damage to someone else.
Accident with e-bike
If you are involved in a road traffic accident with your e-bike through no fault of your own, the other party in the accident can be held liable and their liability insurance must compensate you for the damage. Like any other motor vehicle accident, an e-bike accident should not be taken lightly. This can also involve very high amounts of damage. It is much less about the pure value of the vehicle. Unfortunately, e-bikers involved in accidents are often also injured and it regularly involves considerable Medical treatment costs, Loss of earnings and Claims for compensation for pain and suffering. As specialists, we have the necessary expertise to help you competently assert your claims.
If the other party involved in the accident has neither liability insurance nor enough money to settle the claim, it depends on whether your own insurance also covers such bad debts. You should therefore check whether your existing personal liability insurance covers such situations and make improvements if necessary.
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Claims after an accident with an e-bike
After a road traffic accident involving an e-bike, the liable party must generally - as in the case of a car accident without an e-bike - restore the condition that existed before the accident. We will check your claims for compensation for you free of charge. In addition to material damage to the e-bike, there may also be damage to the helmet and clothing. These items will also be claimed for you by fairforce.one.
Steps towards fair claims settlement
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Contact us with just a few clicks and we will help you further. The fairforce.one network will enforce your claims and support you personally in all matters right through to full payment.
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Frequently asked questions about accidents with e-bikes
Who is liable in the event of an e-bike accident through no fault of their own?
If another road user causes the accident, their motor vehicle liability insurance is liable for your damages - just like in a classic road traffic accident. This includes property damage to the e-bike, damaged clothing, medical treatment costs and, if applicable, compensation for pain and suffering.
Is there a difference in liability between pedelec, e-bike and S-pedelec?
Yes, a pedelec is considered a bicycle - your private liability may apply here. E-bikes and S-pedelecs are classed as motor vehicles depending on their performance. Motor vehicle liability insurance is mandatory for them. If you ride without it, you risk penalties and will be liable for the costs in the event of damage.
Does my insurance also pay if the other party in the accident has no insurance?
Only if your own insurance policy includes so-called bad debt cover. This will cover you if the other party is not insured or cannot pay. Check your contract - many personal liability insurance policies do not automatically cover e-bike damage.
What happens if I cause an accident with my e-bike?
If you cause an accident, you are liable for personal injury and property damage. If you own an E-bike or S-pedelec that is subject to compulsory insurance, your motor vehicle liability will cover the damage. In the case of a pedelec, your private liability insurance must take effect - provided this type of risk is covered.
What claims can I make after an e-bike accident?
In addition to the material damage to the e-bike, repair or replacement costs for helmet, clothing or luggage. Treatment costs, loss of earnings and compensation for pain and suffering can also be claimed - depending on the severity of the injuries.
