Medically insurance covers you. Assuming you have it.
But we’re talking about liability insurance. What (liability) insurance will pay for your medical bills and pain and suffering if you’re struck by one of the many e-bikes now zipping around California, especially San Diego?
E-bikes are everywhere in San Diego. Carmel Valley. Mission Beach. The Embarcadero. La Jolla Shores. And as more negligent riders take to the streets, more people are getting hurt.
What Is An E-Bike Under California Law?
Let’s start with definitions.
California Vehicle Code § 312.5 defines an “electric bike” as “a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.” So, basically a bicycle with a motor.
Section 312.5 lists 3 categories of e-bikes:
- Class 1: pedal-assist only, motor cuts off at 20 mph
- Class 2: throttle-assisted, motor cuts off at 20 mph
- Class 3: pedal-assist only, motor cuts off at 28 mph
E-bikes are not vehicles under California law. A “vehicle” under California law is “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power” (like a bicycle). See California Vehicle Code ¶ 670.
Will Auto Insurance Cover E-Bike Liability In California?
No, because e-bikes are not vehicles under California law. See above.
Will Homeowners Insurance Cover E-Bike Liability In California?
It depends.
Standard homeowners or renters policies cover personal liability. Usually, that includes the personal liability of the named insureds (the parents) and any additional insureds (the minor children).
But, most homeowners or renters policies have a motor vehicle exclusion. Under that exclusion, there is no liability coverage for injuries caused by a motor vehicle. So the question becomes: is the e-bike a “motor vehicle” as defined by the policy? If so, no coverage. If not, coverage.
This creates a weird gap in the law. E-bikes are not “vehicles” under California law. But they may be “vehicles” under California insurance policies.
Will Uninsured Or Underinsured Motorist Insurance Apply?
California’s UM statute, Insurance Code § 11580.2, requires auto insurance companies to offer coverage for injuries caused by an uninsured “motor vehicle.” We’re back to square one. If e-bikes are not vehicles under California law, UM/UIM insurance should not apply.
But if you were in a car when there was an incident with an e-bike, there may be coverage.
Questions? Contact Me for a free consultation.
