EWJ June 61 2025 web - Flipbook - Page 99
Insurance Implications Following
“Landmark” E-bike Collision Case
by Lisa Mansfield, Partner - www.rdj.ie
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.
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 higherpowered elements of e-bikes and their associated
accident risks.
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.
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.
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.
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
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.
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
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Upper Gastrointestinal and General Surgeon and Expert Witness
Area of work, Norfolk and surrounding areas
Contact
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EXPERT WITNESS JOURNAL
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JUNE 2025
