If I am hit by an e-scooter or a bicycle, who pays?

If it is an e-scooter, its compulsory insurance pays and you can claim directly against the insurer. If it is uninsured or the rider flees the scene, the “Consorcio de Compensación de Seguros”, Spain's state insurance compensation fund, pays for your injuries, although for now not for damage to property. If the e-scooter was being used without being registered, the Consorcio does not even pay for the injuries and you will have to claim against the rider. If it is an ordinary bicycle, the cyclist pays if they were at fault, or whatever liability insurance they have, often their home insurance. If the person who hits you is a minor, their parents are also liable.

Alburquerque Abogados

José Manuel Alburquerque
Insurance law

If it is an e-scooter

  • Make your claim to the e-scooter's insurer. It has three months to make you a reasoned offer of compensation, the “oferta motivada”.
  • The rider is liable for injuries because of the risk they create. They are only released from liability if the accident was due solely to the victim's fault or to force majeure unconnected with riding the e-scooter.
  • If the e-scooter is a rental, the company, as its owner, must have it insured. Ask the company for its insurer's details and those of the user who was riding it.
  • You have one year to claim, including in Catalonia. Making a claim interrupts the time limit.

If it is an ordinary bicycle

  • The cyclist is liable if they were at fault. Ask whether they have home insurance or a cycling federation licence with civil liability cover and claim directly against that insurer.
  • The Consorcio does not step in for harm caused by ordinary bicycles.
  • The time limit is one year in general and three years in Catalonia.

What to do at the scene

Call the police, who in Barcelona are the “Guàrdia Urbana”, the city police, especially if there are injuries. Ask for the details of the rider and of the witnesses and note down the number on the e-scooter's label, which begins with the letter M. Take photos and go to accident and emergency that same day. If it is an e-scooter, the injuries are assessed using the statutory compensation scale for traffic accidents (the “baremo”). If it is a bicycle, judges usually use it as a reference.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.