01 05 2025 Litigation & Dispute Resolution

Insurance implications following “landmark” e-bike collision case

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A recent Dublin District Court decision, reported by the Irish time on 16 April 2025, has sparked considerable discussion regarding the liability of e-bike users involved in collisions. While the judgment has been described in some reports as "landmark," it’s important to bear in mind that its authority is confined to the facts of the case since District Court rulings do not set binding precedent for higher courts.

Case Overview

On 4 August 2024, the plaintiff suffered a broken leg after being struck by an e-bike while jogging near Howth in Co. Dublin. It’s reported that he was dissatisfied with the police investigation, which he believed was inadequate because it did not include forwarding a file to the Director of Public Prosecutions (DPP). As a result, the plaintiff initiated a private prosecution and lodged a complaint with Fiosrú, the new Garda complaints channel.

During the proceedings, the defendant e-bike rider pleaded guilty to careless driving under the Road Traffic Act 1961 and was fined €250. A pivotal issue in the case was whether the e-bike, equipped with a 750W motor and capable of speeds between 20 and 25 km/h, should be classified as a mechanically propelled vehicle (MPV). The court accepted that it did meet the MPV criteria, thereby requiring the rider to have insurance, a condition typically applied to motorised vehicles rather than ordinary bicycles.

E-bike Classification and Insurance Implications

This decision to treat the e-bike as an MPV marks a departure from the conventional treatment of bicycles. Under existing Irish law, an MPV is any vehicle intended or adapted for propulsion by mechanical means, including bicycles that incorporate an auxiliary electric motor exceeding 0.25 kilowatts. With the court's acceptance of the 750W motor in the defendant’s e-bike placing it within this category, e-bike users are now potentially faced with the legal obligation to secure motor insurance.

The new classification also prompts insurers to reassess the risk profile associated with e-bike usage. Unlike traditional bicycle insurance, which generally covers theft or minor accidental damage, insurance for an MPV must address the broader liabilities linked to motor vehicle incidents. Underwriters may need to develop new products that better reflect the higher-powered elements of e-bikes and their associated accident risks.

As e-bike ownership becomes more common, there is potential for a niche insurance market to develop. For insurers, there is an opportunity to innovate by offering hybrid products that combine the protections of both traditional bicycle and motor vehicle coverage. Such products would serve current needs and prepare the industry for potential regulatory changes prompted by the growing popularity of e-bikes.

Claims Process and Recovery

In incidents where the e-bike operator is uninsured, entities such as the Motor Insurers Bureau of Ireland (MIBI) may become involved in facilitating recovery for injured parties. In this case, the plaintiff has already paved the way to include the MIBI in his personal injury claim. This move hints at possible future enforcement actions against uninsured e-bike riders.

Legislative and Regulatory Ramifications

Although the Irish Times report described the decision as a "landmark" case, it is important to note that District Court outcomes do not have binding legal authority. Nevertheless, the ruling highlights a pressing need for clarity in Irish law regarding modern transport innovations like e-bikes. Legislators may consider revising the Road Traffic Act to clearly specify which classes of e-bikes require insurance and which might be exempt. Such clarity would help ensure that lower-risk users are not penalised unnecessarily while maintaining public safety.

Conclusion

In summary, this decision raises important questions about the regulation and insurance of e-bikes in Ireland and it is an area that will inevitably grow as more and more e-bikes take to the road. It will be interesting to see how the personal injury case against the MIBI proceeds in due course and whether this decision will lead to the DPP pursuing careless driving prosecutions against e-bike drivers as a result.

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