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NJ Court Holds Segway Rider Hit By Car Not Eligible for Pedestrian PIP Coverage

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Technological advances have given us new methods of transportation in the last couple of decades. E-bikes, Segways and other options can be especially useful on New Jersey roads. Of course, new vehicles trigger new types of vehicle accidents, and the law is still catching up when it comes adjudicating injury claims arising from collisions involving electrical and gas-powered personal transportation.

A recent decision by the New Jersey Supreme Court has brought clarity to a previously gray area of personal injury protection (PIP) coverage. In a unanimous ruling, the court determined that individuals operating low-speed electric scooters (LSES), such as Segways, are not classified as “pedestrians” under the state’s No-Fault Act. Rather, the court held that these vehicles should be classified like motorcycles for insurance claim purposes. As a result, their riders are ineligible for PIP benefits under their auto insurance policies in the event of an accident.

The case centered on a David Goyco, who was injured while riding a Segway. He sought PIP coverage from his insurer, arguing that LSES riders should be considered pedestrians akin to bicyclists, who are entitled to PIP benefits. The court disagreed, emphasizing that expanding the definition of “pedestrian” to include LSES operators would have significant insurance cost implications, a policy decision best left to the legislature.

This ruling has significant implications for Segway riders in New Jersey. It means that if you are injured in an accident while operating a Segway, your auto insurance PIP coverage will not apply. Consequently, you might be financially responsible for your medical expenses, lost wages and other related costs after a crash.

It is essential to understand the limitations of your insurance coverage. While this decision may be disappointing for riders, it underscores the importance of having comprehensive personal injury protection in place. If you ride a Segway or some other type of LSES, you might want to examine your homeowner’s, renter’s or umbrella insurance policies to determine if they provide any coverage for personal injuries sustained while operating your personal vehicle. 

If you have been injured in a Segway accident and are unsure about your coverage options, it is crucial to consult with an experienced personal injury attorney who can assess your case and advise you on your legal rights.

Seigel Law represents individuals who have been injured in all types of vehicle accidents throughout North Jersey. We stay on top of the latest developments in personal injury law and battle for the payment our clients are entitled to. For a free consultation, please call 201-444-4000 or contact us online. Our office is in Ridgewood.  

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