How New York law classifies e-bikes and e-scooters

Under Vehicle and Traffic Law § 102-c, a bicycle with electric assist is a bicycle no more than 36 inches wide, with operable pedals and an electric motor of less than 750 watts, that fits one of three classes:

• Class 1: the motor helps only while you pedal and stops helping at 20 mph.
• Class 2: the motor can move the bike on its own (a throttle), but not past 20 mph.
• Class 3: allowed only in a city of one million or more, like New York City. The motor can move the bike on its own, up to 25 mph.

Under § 114-e, an electric scooter weighs less than 100 pounds, has handlebars and a floorboard or seat, and tops out at no more than 20 mph on its motor alone.

The key provision is § 125. It defines a motor vehicle as one “propelled by any power other than muscular power,” then expressly excludes “bicycles with electric assist as defined in section one hundred two-c” and “electric scooters as defined in section one hundred fourteen-e.” The no-fault statutes borrow that definition. So a device that meets these limits is treated, for insurance purposes, much like a pedal bicycle.

A device that exceeds these limits is a different story. New York treats faster machines as mopeds (limited use motorcycles), which the DMV says must be registered. Class A and Class B mopeds must also be insured. The City has reported a rise in illegal e-bikes and e-scooters that can reach speeds far beyond legal limits, and a machine like that is not an e-bike in the eyes of the law.

In New York City, the speed limit for e-bikes and e-scooters has been 15 mph since October 24, 2025. The risk is real: NYC DOT reported 18 deaths among riders of e-bikes, stand-up scooters and mopeds citywide through June 29, 2026, up from 16 at the same point in 2025, and 1,036 injuries to those riders through May 30, 2026.

Who pays when a car hits an e-bike or e-scooter rider

If you were on a legal e-bike or e-scooter and a car or truck hit you, you are generally entitled to no-fault benefits from the vehicle’s insurer, the same way a pedestrian or pedal cyclist is. Insurance Law § 5103(a)(1) extends no-fault to “persons, other than occupants of another motor vehicle or a motorcycle.” Because your e-bike is not a motor vehicle, you are not an “occupant of another motor vehicle.”

No-fault pays basic economic loss up to $50,000 per person, regardless of who caused the crash:

• Necessary medical and rehabilitation expenses.
• Lost earnings at 80 percent, capped at $2,000 per month, for up to three years from the accident.
• Other reasonable and necessary expenses, up to $25 per day for one year.

To sue the driver for pain and suffering, you must show a serious injury as defined in Insurance Law § 5102(d). That includes a fracture, significant disfigurement, permanent consequential limitation of a body organ or member, and significant limitation of a body function or system. The former 90/180-day category is no longer part of the definition.

Fault matters too. A 2026 amendment to CPLR 1411 bars recovery in personal injury actions governed by the no-fault article when the injured person’s fault is greater than the defendant’s, for actions commenced on or after the date the change took effect. No appellate court has yet decided how that rule applies to cyclists, e-bike riders and pedestrians, so evidence about who caused the crash is worth gathering early.

Who pays when no car is involved

If an e-bike rider hits a pedestrian, or two riders collide, there is no no-fault coverage. No-fault applies only to losses arising out of the use or operation of a motor vehicle, and a legal e-bike or e-scooter is not one. The Motor Vehicle Accident Indemnification Corporation (MVAIC), which covers some victims of uninsured cars and hit-and-run drivers, uses the same definition, so it does not cover an e-bike hit-and-run either.

That leaves a claim against the people responsible. That can mean the rider personally; the rider’s employer, if the rider was an employee on the job; or the City of New York, if a street defect caused the crash. Whether any insurance policy covers the rider depends on the policy’s own wording. One consequence works in the pedestrian’s favor: a case against an e-bike rider is not a no-fault case, so the serious injury threshold does not apply.

Where these claims go wrong

Missing the 30-day no-fault notice

No-fault requires written notice to the insurer within 30 days of the accident, with medical bills submitted within 45 days of treatment and lost-wage claims within 90 days, unless you can give a clear and reasonable justification for the delay. Riders who assume no-fault is only for drivers are the ones who miss it. Once the deadline passes, the insurer can deny the claim.

Assuming no insurance applies because you weren’t in a car

Injured e-bike riders sometimes never claim no-fault because they own no car and have no policy of their own. That is the wrong question. The coverage comes from the policy on the vehicle that struck you. Get the plate number, the driver’s insurance information and the police report, and put that insurer on notice.

The “e-bike” that is legally a moped

If the device had more than 750 watts, could go faster than its class allows, or had no working pedals, an insurer may argue it was a motor vehicle, not an e-bike. That argument cuts deep. No-fault excludes occupants of another motor vehicle from the striking car’s coverage. The law also lets insurers exclude a person operating their own motor vehicle that lacked required insurance. In one recent Appellate Division case, the court sent the question of whether a device was a pedal-assist bike or a motorcycle to a hearing. Keep the bike, its receipt and its specification label.

The pedestrian with no one to claim against

A pedestrian struck on a Jackson Heights sidewalk or in a Queens Boulevard crosswalk by an e-bike that rides off has no no-fault and no MVAIC to fall back on. Identifying the rider is the whole case. Ask nearby stores for video right away, before it is recorded over, and make a police report so there is a record.

The delivery app that says the rider isn’t theirs

App companies generally classify delivery workers as independent contractors, and they will say they are not responsible for a contractor’s riding. The City’s delivery worker laws set pay and working conditions for app workers, but they do not require apps to insure riders or the public. Whether a worker is really an independent contractor depends on how much control the company has, and that is a factual fight. A rider employed directly by a restaurant or store is a different case, because an employer can be responsible for an employee’s negligence on the job.

The pothole or street defect claim against the City

If a pothole or broken roadway threw you, the claim is against the City of New York, and two rules apply. You must serve a notice of claim within 90 days (General Municipal Law § 50-e). The City is also generally not liable for a street defect unless it had prior written notice of it and failed to fix it within 15 days (NYC Administrative Code § 7-201). Photograph the defect before it is repaired.

A worked example

Suppose a delivery rider on a Class 2 e-bike is hit by a turning SUV on Liberty Avenue in Richmond Hill. He fractures his wrist and is out of work for five months. He averaged $4,500 a month in app earnings.

• Lost earnings from no-fault: 80 percent of $4,500 is $3,600, but the monthly cap is $2,000. Five months pays $10,000.
• Medical: emergency care, surgery and physical therapy billed at no-fault fee-schedule rates come to $31,000.
• Other expenses: rides to therapy at up to $25 a day total $900.

No-fault pays $41,900, leaving $8,100 of the $50,000 limit for future treatment. But he actually lost $22,500 in earnings, and no-fault covered only $10,000. Earnings above the no-fault cap can be claimed from the driver. Because a fracture is a serious injury, he can also sue the driver for pain and suffering. His app earnings statements are the proof of his income, so he should save them.

What to do after an e-bike or e-scooter accident

1. Call 911 and get medical care the same day, even if you feel able to ride home.
2. Ask for a police report and write down the report number.
3. Photograph the vehicle, its plate, the scene, your injuries and your e-bike or scooter.
4. Get names and phone numbers of witnesses, and note any cameras on nearby stores and homes.
5. Keep the bike or scooter as it is, along with its receipt and any label showing wattage and class.
6. Give written notice to the vehicle’s no-fault insurer within 30 days.
7. Save app pay statements, pay stubs and tax records showing your earnings.
8. If a City street defect or City vehicle was involved, speak to a lawyer well before the 90-day notice deadline.
9. Do not give a recorded statement to any insurer before getting legal advice.

Frequently asked questions

Does the driver’s insurance pay my bills if I was on an e-bike?

If your e-bike meets the legal definition in § 102-c, generally yes. You are treated like a pedestrian or bicyclist for no-fault purposes and can claim from the insurer of the vehicle that hit you, up to $50,000 in basic economic loss. You must give written notice within 30 days.

I was hit by an e-bike while walking. Who pays?

No-fault and MVAIC do not apply, because a legal e-bike is not a motor vehicle. Your claim is against the rider, and possibly the rider’s employer. Your own health insurance may cover treatment in the meantime.

I was delivering for an app when I was hurt. Does workers’ compensation cover me?

Usually not, if the app classifies you as an independent contractor. Bills to extend workers’ compensation to app delivery workers have been introduced in Albany but have not become law. If a car hit you, no-fault from the car’s insurer is typically your main source of benefits, and you may have a claim against the driver.

I wasn’t wearing a helmet. Can I still recover?

Yes. Helmets are required for all Class 3 e-bike riders and for bicycle riders under 14, and the City says they are required for e-scooter riders who are 16 or 17. The Vehicle and Traffic Law says that failing to follow its helmet rules for bicycles “shall not constitute contributory negligence” and shall not reduce the damages you can recover.

I don’t have immigration papers. Can I bring a claim?

Yes. Immigration status does not bar a personal injury claim in New York, including a claim for lost wages. New York’s highest court held this in Balbuena v IDR Realty (2006).

How long do I have to file?

The general deadline for a personal injury lawsuit is three years (CPLR 214). Claims against the City of New York, the MTA or NYC Transit require a notice of claim within 90 days. The no-fault notice deadline is 30 days. Other deadlines can be shorter in particular situations, so do not wait.

Talk to a Queens e-bike accident lawyer

Ribowsky Law represents injured e-bike and e-scooter riders, delivery workers and pedestrians from our Richmond Hill office on Jamaica Avenue. If you are in the hospital or cannot travel, we can come to you. There is no attorney’s fee unless we recover money for you.