Filing a third-party claim after an E-scooter accident in Florida involves understanding when you can do so and knowing the legal elements of proof required to succeed. A third-party claim is against someone other than your insurer – typically the person or entity responsible for the accident. You may file a third-party claim in the following circumstances:
Accident Involving Another Vehicle – If you were riding an E-scooter and a car hit you, you can file a third-party claim against the at-fault driver’s insurance company. This is especially applicable if the driver was at fault due to reckless driving, speeding, or violating traffic laws. The driver’s insurance policy may provide compensation through bodily injury coverage. Additionally, victims may be eligible to recover non-economic damages (including compensation for pain and suffering) if they suffered a permanent injury in their E-scooter accident.
Defective E-scooter—If the accident resulted from a malfunctioning E-scooter, the victim may have grounds to file a claim against the manufacturer or rental company. This is relevant when the defect was due to poor maintenance or a design flaw.
Hazardous Conditions – If the E-scooter rider’s injuries resulted from hazardous road conditions, like potholes or poor signage, they can potentially file a claim against the city or entity responsible for maintaining the area.
Negligent Pedestrians or Cyclists—If a pedestrian or cyclist caused the accident, the E-scooter rider may be able to file a claim against them. This can happen if the pedestrian or cyclist was not paying attention or acting recklessly.