Question: A car hit me while I was riding my electric bike. The e-bike is not repairable. What are my rights to compensation?
Answer: If your e-bike was damaged in an auto accident that was the fault of the other driver, that driver’s insurance company must pay you for:
- The cost to repair your bike, if it is repairable, or the fair market value of the e-bike, if it is not repairable.; and
- “Loss of use damages,” i.e., the per day cost to rent an e-bike, from the date of the accident until the date you receive payment for the repair costs, or the fair market value if it’s not repairable.
E-Bike Repair Cost or Total Loss Value
The driver’s insurance company must pay you for the cost to repair your bike, if it’s repairable, or the cost to replace it, if the cost to repair it exceeds its fair market value.
E-Bike Loss of Use Damages
Insurance adjusters won’t tell you that you have a right to be compensated for the loss of use of your e-bike. But you do. And you should demand full compensation.
Under California law, the measure of damages for the loss of use of your electric bike is its reasonable rental value or the cost of renting a substitute e-bike.
E-bikes can rent for $125/day. You are thus entitled to demand that the insurance company pay you $125 per day from the date of the accident through the date that you receive payment for the repair costs or, if it’s totaled, the bike’s fair market value.
$125 per day can add up quickly to a significant amount, especially if there is a delay in opening the claim with the driver’s insurance carrier because you had to wait until the police report was ready to learn the identity of the carrier, or if the adjuster delays accepting liability for the accident.
If you were involved in an e-bike accident involving a car, call the attorneys at McGee, Lerer & Associates. We provide free consultations. We’ll tell you whether you need a lawyer, or whether you can handle it on your own. If we don’t take on your case, we are still happy to give you advice.