The New Downtown Hazard
Electric scooters—operated by companies like Bird, Lime, and Spin—have revolutionized "last mile" transportation in cities across Michigan, including Detroit, Royal Oak, East Lansing, and Ann Arbor. They are convenient, inexpensive, and undeniably fun to ride. However, with top speeds reaching up to 15-20 mph, tiny wheels that easily catch on pavement cracks, and riders who rarely wear safety helmets, they also present an incredible danger.
When an unprotected scooter rider collides with a 4,000-pound passenger car, the resulting injuries are often devastating. Victims frequently suffer from severe road rash, complex joint fractures, spinal cord trauma, and traumatic brain injuries (TBIs). But when the dust settles and the ambulance arrives, a very confusing legal question emerges for the victim: who is actually going to pay for these massive medical bills?
The "Motor Vehicle" Loophole
To understand your rights after a crash, you first have to understand what a scooter is classified as under Michigan law. Legally, the Michigan Vehicle Code classifies these electric devices as "electric skateboards with handlebars." This statutory distinction is critical because it explicitly means an e-scooter is not classified as a "motor vehicle."
Because e-scooters are not motor vehicles, you do not need to purchase auto insurance to ride one. However, this sword cuts both ways. It also means that if you hit a massive pothole, crash into a tree, or collide with a fellow scooter rider on the sidewalk, you generally cannot access Michigan No-Fault auto benefits to cover your medical expenses. In those non-car scenarios, you would have to rely entirely on your personal health insurance or out-of-pocket funds to cover your care.
When Scooters Meet Cars: Triggering No-Fault
The legal landscape changes entirely if your scooter accident involves a car, truck, or commercial delivery van. If a motor vehicle is involved in the crash in any way—even if the car didn't physically strike you, but aggressively forced you off the road into a ditch—Michigan's No-Fault insurance system is immediately triggered.
Under the law, an injured scooter rider is treated similarly to a pedestrian. You are legally entitled to Personal Injury Protection (PIP) benefits, which cover your medical expenses, attendant care (in-home nursing), and up to three years of your lost wages. But which insurance company writes the check? Michigan uses a strict "priority order" to determine this:
- First: Your own auto insurance policy, if you have one.
- Second: The auto insurance policy of your spouse.
- Third: The auto insurance policy of a relative who lives in your household.
- Fourth: If no one in your household has auto insurance, your claim goes to the Michigan Assigned Claims Plan (MACP), which will assign an insurance company to handle your benefits.
Can You Sue the Scooter Company or the City?
What if your crash wasn't caused by a car, but by a defective scooter—such as brakes that suddenly snapped or a digital throttle that stuck wide open? Product liability claims against massive tech companies like Bird or Lime are possible, but they are fiercely defended by corporate lawyers. When you unlock a scooter using your smartphone app, you agree to a lengthy "Terms of Service" agreement that includes sweeping liability waivers and forced arbitration clauses. Piercing these digital waivers requires proving gross negligence or a known, documented pattern of defective maintenance by the company's local mechanics.
Similarly, if you hit a massive, unmarked pothole or tripped over an uneven, broken sidewalk, you might wonder if you can sue the city government. Michigan law provides strong "governmental immunity" to municipalities, making these cases incredibly difficult to win. You must prove the city knew—or should have known—about the exact defect and failed to fix it within a reasonable time. This is a massive legal hurdle that requires immediate investigation and evidence preservation.
Protecting Your Rights After a Crash
If you are injured on a Lime or Bird scooter, never assume the company's liability waiver ruins your case, and never let a driver's insurance adjuster convince you that "scooters don't have rights." Seek immediate medical attention, call the police to file an official report, and take photos of the exact scooter and the crash scene. Most importantly, do not give a recorded statement to any insurance company before seeking legal counsel. At Shiraz Law Firm, we know how to navigate the complex intersection of digital scooter regulations and Michigan auto insurance law to secure the maximum compensation you deserve.
