E-Bike Accident Claims in California
E-bikes are everywhere, and so are the crashes
E-bikes have changed how people get around in Orange County, especially in the beach cities. Huntington Beach has reported its e-bike crashes roughly doubling in two years, and about half involved riders under 18. Read our Huntington Beach and Newport Beach pages for what those cities are seeing.
An e-bike claim works much like a bicycle accident claim, with a few questions of its own.
What California counts as an e-bike
California law defines three classes of electric bicycle, each with fully working pedals and a motor of no more than 750 watts (Vehicle Code § 312.5):
- Class 1: the motor helps only while you pedal, and stops helping at 20 miles per hour
- Class 2: the motor can propel the bike on its own, with a throttle, and stops at 20 miles per hour
- Class 3: the motor helps only while you pedal, and stops helping at 28 miles per hour; it has to have a speedometer
Anything faster or more powerful, including many bikes that have been modified, may not be an e-bike under the law at all. It may be treated as a motorized vehicle instead. That can change which rules apply and which insurance covers it, so the bike itself becomes evidence. Keep it, and do not repair or modify it.
Helmets and age
- Riders under 18 must wear a properly fitted and fastened helmet on any bicycle, including an e-bike (Vehicle Code § 21212)
- Class 3 e-bikes require a helmet for every rider, of any age, and riders must be at least 16 (Vehicle Code § 21213)
Expect the insurer to raise it if a rider was not wearing a helmet. It does not end the claim, but it can be argued as part of the comparative fault analysis.
If a car hit you on your e-bike
The claim is against the driver, and the driver’s auto insurance answers first. The arguments you will hear are familiar from bicycle cases: the driver says you came out of nowhere, or were going too fast. Video, witnesses and the bike’s speed data, if it has any, matter.
If the driver had little or no insurance, your own auto policy’s uninsured and underinsured motorist coverage may apply even though you were on a bike. Check your policy, or have a lawyer read it.
If someone on an e-bike hit you
When a rider hits a pedestrian or another rider, the hard question is insurance. Auto policies usually do not cover e-bikes. A homeowner’s or renter’s policy may cover the rider’s liability, or may exclude motorized bikes. When the rider is a minor, the parents’ policies are where to look, and the answers depend on the exact policy language.
If your child was hurt
A child’s injury claim is settled only with a court’s approval, and the money is protected until the child turns 18. Read how a minor’s settlement works.
What to do
- Get medical care, and keep the records
- Photograph the scene, the bike and any vehicle involved
- Keep the bike as it is. Do not repair or sell it
- Save any ride data from the bike’s app or a fitness app
- Look for cameras along the route. Read how to save video after a crash
- Do not give a recorded statement to any insurer before talking to a lawyer
Talk to Boyd
If you or your child was hurt in an e-bike crash, call. The consultation is free, and Boyd takes the call himself: (714) 656-2400.