Hit by a hire scooter or e-bike in Sydney: your rights

Why a scooter or e-bike crash is not a normal motor accident

In New South Wales, compulsory third party (CTP) insurance is attached to registered motor vehicles. It covers personal injury caused by the owner or driver of a registered car, truck or motorcycle. A shared e-bike or a hire scooter is not a registered motor vehicle in that sense. It does not carry a CTP policy that responds to your property damage or your loss of use.

That does not mean you have no rights. It means the claim runs through civil liability, not the CTP scheme. The rider who hit you is personally responsible for the damage they caused. If they were negligent, you can pursue them for repairs, towing, and the cost of a replacement car while yours is off the road.

The practical difference shows up fast. In a car-on-car crash, you exchange details, lodge a claim, and the at-fault insurer usually handles the repair and often a hire car. In a scooter crash, you are gathering evidence against an individual. The rider may be a tourist with no Australian assets, a commuter with no insurance, or a delivery worker whose employer may or may not be liable.

The location matters too. Most of these crashes happen in the Sydney CBD, Surry Hills, Newtown, Bondi, Manly, and around Circular Quay and Barangaroo, where scooter and e-bike traffic is dense. The rider often disappears before you have their name. That makes the first hour critical.

If you are unsure whether your crash is a motor accident or a civil matter, start with our guide to what not at fault means in NSW.

Who is liable when the rider is on a hire scheme

The short answer: the rider is liable if they were negligent. The longer answer depends on whether they were an employee, a contractor, or just a user of a shared scheme.

Hire scooter and e-bike operators typically structure their terms so that the rider accepts responsibility for any damage or injury they cause. That means the operator is not automatically liable for your damage. You are claiming against the rider, not the brand on the scooter.

There are exceptions. If the rider was working for a delivery platform at the time, the platform or the rider's employer may be vicariously liable. If the scooter had a mechanical fault that the operator knew about and failed to fix, the operator may share liability. Those are harder claims and usually need a solicitor.

If the rider is a tourist or a visitor with no assets in Australia, enforcing a judgment can be impractical. That does not change the legal position, but it changes your strategy. You may need to look at your own insurance, or at whether an uninsured motorist extension applies, though most policies do not cover scooter collisions in the same way.

For a broader look at how fault is established, see proving the other driver was at fault. The same principles apply, but the evidence is different.

If you are already thinking about a replacement car, the booking path for not-at-fault replacement is at Drive Tribe's not-at-fault accident replacement page.

What the hire operator's terms actually cover

Read the terms of the scheme the rider used. Most shared e-bike and scooter operators in Sydney include third-party liability cover in the hire fee, but the cover is usually limited and designed to protect the operator, not you.

Common features:

• A liability cap per incident, often well below the cost of repairing a prestige car.
• An excess the rider must pay before the cover responds.
• Exclusions for riding outside the permitted area, riding under the influence, or riding a scooter that has been reported faulty.
• A requirement that the rider cooperates with the operator's insurer, which many riders do not do once they leave the scene.

Even if the operator has cover, you are not a party to that policy. You cannot force the operator's insurer to pay you directly. You can notify them, provide evidence, and ask them to accept liability, but the decision is theirs. In practice, many operators will deny liability and point you back to the rider.

Do not assume the operator's insurance will cover your hire car. It usually will not. The cover is for the rider's liability, and it may not extend to consequential loss like a replacement vehicle.

If you are dealing with an insurer that is stalling, our page on dealing with insurers sets out the escalation steps.

Proving fault when there is no number plate

Without a number plate, you need to identify the rider and link them to the scooter. That is the hardest part of these claims.

What to gather at the scene, if you can:

1. The scooter's unique ID number, usually printed on a sticker on the stem or rear fender. Photograph it.
2. The rider's name, phone number, and a photo of their ID if they will show it. Many will not.
3. The time, exact location, and direction of travel. Use a maps app to drop a pin.
4. Witness names and numbers. In the CBD, bystanders are often willing to help.
5. Photos of the damage to your car and the scooter, plus the rider if they are still there.

If the rider leaves, your best evidence is camera footage. CBD intersections are covered by Transport for NSW cameras, private building cameras, and often by the dashcam of the car behind you. Request footage early; many systems overwrite after seven days.

If you have the scooter ID, the operator can sometimes tell you who was riding it at that time. They may refuse, citing privacy. A police report can help compel that information, but only if the police treat it as a criminal matter or a serious traffic incident.

For a deeper look at evidence gathering, see the first 24 hours after a not-at-fault crash.

Getting a police report and camera footage in the CBD

In New South Wales, you should report a crash to police if someone was injured, if the rider failed to stop, or if you need a report for an insurance claim. For a scooter crash with property damage only, police may not attend, but you can still file a report online or at a local station.

Useful stations in the CBD and inner city include Day Street, Surry Hills, Kings Cross, and Newtown. Go in person if you can; bring your licence, rego papers, photos, and any witness details. Ask for the event number. That number is what insurers and solicitors will ask for.

Camera footage:

• Transport for NSW manages traffic cameras. You can request footage through the Transport for NSW website, but there are strict time limits and privacy conditions.
• Private buildings: the Ivy, Barangaroo towers, Central Park, and most large retail centres have security rooms. Ask at reception for the security manager and request a copy. They may ask for a police report.
• Dashcams: if you have one, download the clip immediately. If the car behind you had one, try to find them through witnesses or social media.
• Bike and scooter cameras: some riders film their trips. The operator may have GPS data showing the scooter's path.

Do not wait. Footage disappears quickly, and so do witnesses.

Can you still get a like-for-like replacement car?

Yes, but the path is different. In a not-at-fault car crash, the at-fault insurer often accepts liability and arranges a hire car. In a scooter crash, there may be no insurer to deal with. You are claiming against the rider personally, and you need to show that a replacement car is a reasonable loss.

Like-for-like means the replacement should be comparable to your car. If you drive a prestige or performance vehicle, a small hatchback is not like-for-like. The High Court in Arsalan v Rixon confirmed that a claimant can recover the reasonable cost of a replacement vehicle, even if they did not hire one, and that the replacement should be appropriate to the claimant's circumstances.

Our guide to like-for-like replacement explains the test. The key is reasonableness: the car you hire should be similar in size, type, and prestige to the one you lost.

Credit hire is often the practical route. A credit hire company provides the replacement car on credit, and you pay nothing upfront. The cost is recovered from the at-fault party or their insurer. If the rider has no insurance, recovery may be difficult, but that is the credit hire company's risk, not yours, provided you have a valid claim.

For a full explanation, see how credit hire works.

If your car is a prestige SUV or a performance sedan, the replacement should match. For example, a Tesla Model Y RWD is a common like-for-like for a prestige electric SUV.

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What to do if the rider is uninsured and has no assets

This is the hard case. If the rider has no insurance and no assets, a judgment may be worth little. That does not mean you have no options, but you need to be realistic.

First, check your own policy. Some comprehensive policies include cover for damage caused by an uninsured driver, but many exclude scooters and e-bikes because they are not registered motor vehicles. Read the product disclosure statement or ask your insurer directly.

Second, consider whether the operator or a delivery platform shares liability. If the rider was working, the employer may be liable. If the scooter was faulty, the operator may be liable. Those claims are worth investigating if the rider is a dead end.

Third, if you have credit hire, the credit hire company may pursue the rider. They take on the recovery risk. You still need to cooperate with their process, but you are not funding the chase.

Fourth, if the amount is large and the rider has some assets, a solicitor can advise on enforcement. Do not assume it is pointless until you have checked.

For more on the insurer's obligations in NSW, see at-fault insurer's obligations.

When to talk to a solicitor rather than an insurer

Talk to a solicitor if any of these apply:

• The rider is unidentified and you need to compel the operator to release details.
• The rider is uninsured and has assets worth pursuing.
• Your own insurer is denying cover or delaying.
• The damage is significant, or your car is a write-off.
• You were injured, even if it seems minor at the time.

Solicitors who handle motor accident claims in NSW can advise on both the civil claim and any CTP claim if you were injured. Remember, CTP may still apply if another registered vehicle was involved in the chain of events. If a car swerved to avoid the scooter and hit you, that car's CTP may respond to your injuries.

For property damage, a solicitor can help with letters of demand, statements of claim, and enforcement. Many work on a no-win, no-fee basis for these claims, but ask about costs upfront.

If you are a fleet manager or a broker, our partners and referrals page explains how we work with referrers.

For the booking side, the main accident replacement page is at accident replacement car Sydney.

How a replacement car is arranged after a scooter crash

Bookings are fulfilled by Drive Tribe (drivetribe.com.au), the trading name of Australian Business Holdings Pty Ltd, and this site is part of that group. That matters because the booking, delivery, and collection are handled by a team that deals with not-at-fault claims every day.

The process usually looks like this:

1. You lodge your claim and provide evidence of fault.
2. We confirm the replacement car is like-for-like and available.
3. You collect from Sydney or arrange delivery.
4. You use the car while yours is repaired or while your claim is resolved.
5. The hire cost is recovered from the at-fault party or their insurer.

If the rider is uninsured, the credit hire company may still provide the car, but they will assess the claim first. They need to see that fault is clear and that the rider can be pursued, even if recovery is uncertain.

For loss of use and physical inconvenience, see loss of use, physical inconvenience and loss of amenity.

If you need a car now, check availability at accident replacement vehicles.