Electric bicycles (e-bikes) and other powered micromobility devices (MMDs) such as electric scooters, e-skateboards, and mopeds, are becoming increasingly popular as affordable and environmentally friendly alternatives to driving. As their use grows, however, so do questions about safety, liability, and insurance coverage after an accident. It is important to understand that coverage of an e-bike accident is not clear-cut and many insurance policies do not cover e-bikes or MMDs.
Key Takeaways
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Depending on the circumstances surrounding an e-bike injury, you might expect coverage from:
- the rider’s homeowner insurance
- the rider’s automobile policy, including uninsured or underinsured motorist coverage
- a driver’s automobile insurance policy if the accident involved a vehicle
- a commercial policy if the rider was working or making deliveries
In Massachusetts, however, coverage is not always clearcut. Insurance coverage often depends on the type of device involved, how it is classified under state law, how it was being used at the time of the collision, and the specific terms of the insurance policy. In fact, there are often exclusions for motorized vehicles in homeowner’s and umbrella policies that could preclude coverage of an e-bike injury claim.
If you own an e-bike or MMD, we strongly encourage you to review your existing insurance policies to determine exactly what is covered in the event of an e-bike accident. Given the potential severity of injuries in e-bike and MMD accidents, it’s important for riders to understand whether they have adequate coverage to protect themselves from significant financial exposure.
What is Considered an E-Bike in Massachusetts?
First, what is an e-bike?
To qualify as an e-bike, it must have operable pedals, a motor of 750 watts or less, and fall within the state’s Class 1 or Class 2 definitions. Riders do not need a driver’s license, registration, or insurance to operate e-bikes. Massachusetts currently recognizes:
- Class 1 e-bikes, which provide pedal assistance up to 20 mph
- Class 2 e-bikes, which may use a throttle and are limited to 20 mph
Under current Massachusetts law, Class 1 and Class 2 e-bikes are treated much like traditional bicycles, except that they are not allowed on sidewalks or on “natural surface” trails such as mountain bike trails.
When is an e-bike not an e-bike?
One important distinction is that Massachusetts does not currently recognize Class 3 e-bikes, which can provide pedal assistance up to 28 mph. Instead, under existing law, e-bikes capable of speeds up to 30 mph are considered “motorized bicycles,” also called “mopeds,” triggering additional requirements for operation:
- you must be at least sixteen years of age
- you must have a valid license or learners permit
- you must register your device
- you must wear a helmet
Notably, any device classified as a moped is currently barred from using bike lanes and bike paths.
Why Are E-Bike Accidents Increasing?
According to the Consumer Product Safety Commission, e-bike and MMD-related injuries have increased an estimated 23% annually since 2017. Trauma centers are seeing a steady uptick in catastrophic injuries, not only because more people are using MMDs, but because many of these devices are faster and heavier than traditional bicycles, increasing both the likelihood and severity of collisions.
Injuries often occur because Massachusetts laws dictating where and how MMDs can be operated are confusing. Some devices create hazards for cyclists and pedestrians when operated in bike lanes or on shared-use paths, while others, such as mopeds, expose riders to greater risks because they are banned from bike lanes and forced to travel in regular traffic, despite a significant size disparity.
Also, aftermarket modifications are becoming increasingly common among e-bike and e-scooter riders. By removing or bypassing factory-installed speed limiters, some riders can increase top speeds to 30 mph or more. These modifications are particularly prevalent among delivery workers and younger riders and are contributing to concerns about crash risk, injury severity, and how these devices should be regulated and insured.
The Confusion Around E-Bike and Micromobility Device Laws in Massachusetts
A recent report from the Massachusetts Special Commission on Micromobility found that many of the Commonwealth’s current laws have not kept pace with the rapid evolution of e-bikes, e-scooters, electric skateboards, electric unicycles, and other emerging MMDs.
Part of the challenge is that “micromobility” now encompasses a wide range of vehicles with dramatically different capabilities. A Class 1 or Class 2 e-bike traveling at bicycle speeds, for example, presents a very different risk than a high-powered electric bike, an electric unicycle, a hyperscooter, or a moped capable of reaching 40, 50, 60 mph or more. You may wonder:
- Do I need a license?
- Do I need insurance?
- Do I need to register with the RMV?
- Can I use a bike lane?
- Do I need to wear a helmet?
- Is there an age restriction to ride my device?
- Is there a speed limit for my device?
Under current law, the answers depend on the specific type of device you are riding. Before operating your e-bike or MMD, make sure you know the relevant regulations and be aware that non-compliance can significantly impact a personal injury claim.
The Proposed Ride Safe Act in Massachusetts
In response to this confusion, Governor Maura Healey recently filed the “Ride Safe Act,” a proposal that would significantly change how Massachusetts regulates e-bikes, e-scooters, and other MMDs. The legislation is intended to address growing concerns about high-powered electric devices that are frequently marketed as e-bikes but can travel at speeds far beyond those contemplated under current bike laws.
Rather than regulating vehicles based primarily on labels, such as “e-bike,” “moped,” or “motorized bicycle,” devices would now be categorized by tiers according to how fast they can travel and the risks they present.
- Speed Tier 0 contains all non-motorized devices and all motorized devices whose top designed speed is 20 mph
- Speed Tier 1 contains all motorized devices whose top designed speed is 30 mph
- Speed Tier 2 contains all motorized devices whose top designed speed is 40 mph
- Speed Tier 3 contains all motorized devices whose top designed speed is faster than 40 mph
Under the proposed law, which is expected to become effective on January 1, 2028, different rules would govern where the devices can be operated, age restrictions, equipment requirements, insurance requirements, and enforcement mechanisms. Importantly, Tier 2 and Tier 3 devices would be barred from sidewalks, bike lanes, bike paths, bike routes, separated micromobility lanes, or shared use paths.
What to Know About Insurance Coverage for E-bikes: A Q&A with Eric Parker
As more people turn to e-bikes and other micromobility devices for everyday transportation in Massachusetts, the legal questions about accidents, liability, and insurance coverage are becoming more complex. Existing insurance policies were not designed with many of today’s powered devices in mind, and in many cases, the law is still catching up with rapidly evolving technology. To help make sense of this changing landscape, we asked Eric Parker, Co-founder and Senior Personal Injury Partner at Parker Scheer, to answer some of the most common questions about e-bikes and what riders should know before an accident happens. The one thing we can say for certain, is that the legal and insurance landscape around e-bikes and other micromobility devices remains uncertain.
Q: Do I need insurance for an e-bike in Massachusetts?
Eric Parker: At the moment, Massachusetts doesn’t require insurance for Class 1 and Class 2 e-bikes and the proposed law does little to change that. But just because insurance isn’t required doesn’t mean you shouldn’t consider it. If you’re involved in an accident, one of the first questions is: “What insurance applies?” That’s where things get complicated and the Special Commission acknowledged that insurance coverage remains an area of uncertainty as micromobility devices become more common. Existing home and auto insurance policies may not cover accidents or injuries involving e-bikes or MMDs which means you may not be protected if something goes wrong.
As e-bike ownership grows, some insurers may begin offering specialty policies or endorsements designed specifically for these devices. If you regularly ride an e-bike, especially for commuting or other frequent travel, we strongly encourage you to contact your insurance agent to ask what protection you have and whether additional coverage is available.
Q: What happens if I cause an e-bike accident?
Eric Parker: If you injure someone or damage their property, you could be held legally responsible just as you would in many other types of accidents. The real question becomes whether any insurance policy will be available to protect you and pay a claim. That’s why understanding your coverage before you ride is so important.
Q: Does homeowner’s or renter’s insurance cover e-bike accidents?
Eric Parker: Not necessarily. Homeowner’s policies typically provide personal liability coverage but exclude claims involving motor vehicles. Many homeowner’s policies will cover a claim by someone you injure while on a bicycle, but the challenge is that many e-bikes and other motorized micromobility devices don’t fit neatly into traditional definitions. Some policies may provide coverage, while others may not, and every insurer approaches the issue a little differently. Ask your insurance company or agent specifically how your e-bike is treated under your policy.
Q: Does my Massachusetts auto insurance cover e-bike accidents?
Eric Parker: This is one of the biggest unanswered questions right now. Massachusetts auto insurance policies were designed around traditional motor vehicles, not e-bikes and other micromobility devices. If you’re struck by a car, Massachusetts has well-established insurance rules that generally apply. But if you’re injured by someone riding an e-bike, scooter, or another micromobility device, the answer may not be as straightforward because the law hasn’t fully caught up with these newer forms of transportation. Protections like “Personal Injury Protection” (PIP) and uninsured or underinsured motorist (UM/UIM) coverage may not apply the way they would in a crash involving a car.
Whether coverage exists often depends on the specific policy language and the circumstances of the accident. As e-bikes become more common, we expect both the insurance industry and the law to continue evolving, but for now, riders and pedestrians shouldn’t assume their auto insurance will automatically provide coverage. On the bright side, Massachusetts automobile insurance policies are heavily regulated by the Commonwealth so any updates are likely to result in a change that would affect all motor vehicle policies rather than just some.
Q: Are all micromobility devices treated the same?
Eric Parker: No, not every micromobility device is treated the same under Massachusetts law. Some require registration or licensing, while others don’t. Some fit more easily within existing insurance rules than others. This is one of the biggest reasons why it’s difficult to give a one-size-fits-all answer when people ask whether they’re covered after an accident.
Q: Does it matter which type of vehicle or MMD was involved in the accident?
Eric Parker: Absolutely. An accident between an e-bike and a motor vehicle raises different legal and insurance questions than an accident between an e-bike and a pedestrian, or between two micromobility devices. The applicable insurance coverage and who may ultimately be responsible can vary significantly depending on the type of device involved.
Q: What if I modified my e-bike to go faster than the manufacturer’s limits?
Eric Parker: Aftermarket modifications can complicate both liability and insurance coverage issues. Increasing an e-bike’s speed or power could affect how it’s classified and may influence whether an insurer provides coverage or how fault is determined after an accident. As these cases become more common, we expect the legal landscape to continue evolving.
Q: Can parents be held responsible if their child causes an e-bike accident?
Eric Parker: Potentially. In some situations, parents may face claims based on negligent entrustment, that is, allowing a child to operate something that creates an unreasonable risk of harm to others. And while parents are not generally liable for the torts (civil wrongs) caused by their minor children, whether a parent is legally responsible will depend on the facts of the case.
Q: What’s your biggest piece of advice for e-bike owners today?
Eric Parker: Don’t assume you’re covered just because you have homeowner’s or auto insurance coverage. There is growing legislative recognition of the issues surrounding e-bikes and micromobility devices, but the law is still catching up and many of the answers riders are looking for simply don’t exist yet. If you own or regularly ride an e-bike, now is the time to ask your insurance company or agent exactly what your policy covers and what it doesn’t. Being prepared before an accident happens can make all the difference when it comes to compensation for your injuries or those of someone you injure.
Contact an Experienced E-bike Attorney
If you or a loved one has been injured in an e-bike accident, reach out to the experienced personal injury attorneys at Parker Scheer for a free case evaluation to see if you may be eligible for financial compensation.
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What are the definitions of some common powered micromobility devices in Massachusetts?
What is a powered micromobility device (MMD)? A micromobility device (scooters, skateboards, hoverboards, unicycles, etc.) is designed to transport a single person that has an onboard motor capable of delivering tractive power to the device either as power assist or as sole propulsion. Excludes class 1-3 e-bikes.
What is an e-bike? An e-bike is a bicycle with an electric motor that assists with pedaling or provides propulsion. In Massachusetts, an e-bike cannot go above 20 mph under motor power to legally be considered an e-bike.
What is a motorized bike (aka moped)? A motorized bike is a two-wheeled vehicle that has pedals or a non-pedal design, an automatic transmission, an engine capacity of 50cc or less, and a maximum speed of 30 mph. Importantly, under MA law, a motorized bicycle is NOT an electric bicycle. You must be sixteen years old and have a valid driver’s license or learners permit to drive a moped and you may not exceed 25 mph. Because Massachusetts does not codify Class 3 e-bikes, an electric bike capable of exceeding 20 mph with motor assistance, it is classified as a “motorized bicycle” or a moped and is subject to the same registration, license, and helmet requirements.
What is a motorized scooter? Under current Massachusetts law, a “motorized scooter” is defined as being any two- or three-wheeled that has handlebars, with a stand-up deck that can be stood or sat upon by the operator and is powered by a battery or an electric or gas powered motor. You must be 16 years of age and have a valid driver’s license or learner’s permit to operate an e-scooter and you may not exceed 20 mph. Mini-motorcycles and pocket bikes are considered motorized scooters.
What is an electric motorcycle? E-motos or electric dirt bikes have a throttle and can exceed 20 mph, frequently traveling between 30–50+ mph. They are similar in speed and capability to motorized scooters and mopeds, and are classified under Massachusetts law as Recreational Vehicles or Off-Highway Vehicles (OHVs.) E-motos are treated as full-sized motorcycles requiring RMV registration, insurance, and a motorcycle license.
Resources: mass.gov Micromobility FAQs
