Electric scooter accident in Portugal: who pays and how to claim compensation

First steps

What to do immediately after an electric scooter accident

The first few minutes matter for protecting the injured person's health and preserving evidence that may later show how the accident occurred.

Who pays after an electric scooter accident?

There is no single answer. The liable party depends on how the accident occurred and the available evidence.

This table is only a guide. Liability does not follow automatically from the type of party involved. Each person's conduct, the applicable road rules and the actual cause must be established.

For issues involving a pedestrian, see the English guide to pedestrian accident rights and compensation in Portugal.

If more than one person's conduct contributed to the outcome, liability may be shared. Compensation may then be reduced according to the liability attributed to each party, without necessarily extinguishing the claim.

Is insurance compulsory for an electric scooter in Portugal?

The answer requires separating two questions: whether the scooter is authorised to circulate and whether it is subject to compulsory motor liability insurance.

For circulation purposes, Article 112 of the Portuguese Highway Code treats electric scooters with maximum continuous rated power of up to 0.25 kW and a maximum speed on level ground of up to 25 km/h as cycles. According to ANSR guidance, a scooter exceeding either limit is not authorised for use on public roads merely because it has insurance. Until the regulation envisaged by the Highway Code exists, that circulation is not authorised.

For motor insurance purposes, Decree-Law no. 26/2025 introduced separate criteria. In general terms, the regime covers a vehicle propelled exclusively by mechanical power where its maximum design speed exceeds 25 km/h, or where its maximum net weight exceeds 25 kg and its maximum design speed exceeds 14 km/h.

Published official guidance is not entirely aligned on heavier scooters. ANSR considers scooters meeting the Article 112 limits to remain excluded from compulsory motor insurance. ASF, however, notes that certain more robust personal mobility vehicles may meet the new regime's objective weight and speed criteria even where their use on public roads is not authorised.

It is therefore incorrect to say generally that every scooter does, or does not, require insurance. Lighter scooters below the motor-insurance regime's objective criteria are not subject to that requirement. In other cases, the weight, power, maximum design speed and the insurer's position on the particular equipment should be checked. In no case does buying insurance by itself turn an unauthorised scooter into a vehicle authorised for use on public roads.

The absence of compulsory motor insurance should not be confused with the absence of liability. A person who causes damage may still have to compensate the victim under the general rules. Optional liability insurance, cover connected with a rental service or another applicable policy may also exist.

A proper assessment should verify:

• the make, model, power and maximum design speed;
• the weight and any equipment modifications;
• whether the scooter was privately owned or shared;
• the operator's terms in force on the accident date;
• certificates and terms of existing insurance policies;
• the identity and conduct of every person involved.

Accident involving a shared or rented electric scooter

In a sharing service, the app contract does not by itself resolve liability. The cause of the accident must be assessed.

For cycle-sharing services, Portuguese law provides for compulsory personal accident and civil liability insurance to be made available by the operator. This does not mean, without reviewing the policy, that every loss or every rider is covered. Ask for the insurer's identity, the certificate and the terms applying to the trip, including limits, insured persons, exclusions and excesses.

If there was brake failure, unexpected acceleration, unstable steering, a loose wheel or another defect, it may be necessary to assess the operator's conduct, inspection and maintenance records, the supplier and the manufacturer.

Keep the version of the terms and conditions applying on the trip date and all customer-support communications. Where there are injuries or other losses, a refund of the trip price does not necessarily resolve every consequence of the accident.

What if a pothole or road defect caused the accident?

A fall without a collision does not necessarily mean that nobody is responsible. A pothole, uneven cover, poorly marked roadworks, debris or inadequate lighting may raise the liability of the authority responsible for maintaining or managing the road.

It is necessary to prove:

• the existence and size of the defect;
• its exact location;
• the absence or inadequacy of warnings;
• the connection between the defect and the fall;
• the resulting injuries and loss;
• which authority had the duty to maintain, inspect or mark the location.

Photograph the defect before it is repaired and try to obtain witnesses or CCTV footage. A close-up photograph without context or scale may be insufficient.

What evidence should you keep?

In addition to photographs and witness details, scooter accidents require specific evidence about the equipment and trip.

What loss may be compensated?

Compensation is assessed by reference to the loss actually proved. Depending on the case, it may include:

• medical expenses, medication, physiotherapy and future treatment;
• transport and travel costs;
• lost earnings or reduced earning capacity;
• temporary or permanent disability;
• the need for assistance from another person;
• pain, suffering and impact on personal life;
• scarring and limitations in usual activities;
• a helmet, clothing, phone and other damaged property;
• damage to the scooter itself;
• other properly evidenced financial loss.

There is no automatic amount for each injury. Age, occupation, medical progress, lasting effects and the impact on the injured person's life influence the assessment. Tables used by the insurance sector are reference points and do not replace an individual assessment.

If an offer is made, compare it with the medical documents and all existing or foreseeable loss. Accepting a final settlement may prevent a later claim.

Do a helmet, alcohol or a road offence remove the right to compensation?

Not necessarily.

For scooters treated as cycles under Article 112 of the Portuguese Highway Code, a helmet is not legally compulsory, although it is recommended for safety. Not wearing one does not automatically cause compensation to be lost or reduced.

Riding under the influence of alcohol is prohibited and, as a rule, influence is considered to exist from a blood alcohol level of 0.5 g/l. Speed, alcohol, mobile-phone use or another offence may have their own consequences and may be relevant to civil liability, but they do not automatically extinguish every right. To reduce or exclude compensation because of the injured person's conduct, a culpable and causal contribution to the accident or the worsening of the loss must be established.

Can a scooter accident on the way to work be a work accident?

Yes. An accident on the journey normally used between home and the workplace may, where the legal requirements are met, qualify as an in itinere work accident.

Using a scooter does not by itself prevent that classification. The route, time, purpose of the journey and any interruptions or diversions must be assessed. Some interruptions or diversions may remain covered where they meet a reasonable need or arise from force majeure.

As a rule, Portuguese law provides for the accident to be reported to the employer verbally or in writing within the following 48 hours, subject to exceptions where the employer already knows or the worker is unable to report it. Delay does not automatically extinguish every right, but the accident should be reported as soon as possible. Identify the work accident insurer and preserve app trip records. The employment dimension may coexist with a third party's liability, such as that of a car driver, without allowing double compensation for the same loss.

What is the deadline for claiming compensation?

Do not assume that one deadline applies to every electric scooter accident.

For non-contractual civil liability, the general limitation period is three years from knowledge of the right, even if the injured person does not yet know the liable party's identity or the full extent of the loss, subject to statutory exceptions. If the facts also constitute a criminal offence with a longer limitation period, that period may be relevant. The regime governing the non-contractual liability of public authorities also refers to this limitation rule, but work accidents, contractual relationships with operators, insurance cover and specific procedural circumstances may require a different analysis.

Some evidence may disappear within days, including CCTV footage, app data or the condition of the road. It is therefore unwise to delay reporting the accident or preserving evidence.

When should you seek legal support?

A legal assessment may be particularly useful where:

• there are injuries, hospital admission, sick leave or lengthy treatment;
• liability is denied or disputed;
• the responsible vehicle fled or was uninsured;
• the scooter was shared and may have malfunctioned;
• the road's condition caused the accident;
• there are several potentially liable parties;
• an insurer makes a compensation offer;
• the accident occurred while travelling between home and work;
• telemetry or CCTV may disappear.

The initial assessment should cover the accident dynamics, existing insurance, available evidence, medical progress and applicable deadlines. English-speaking support and remote document exchange are often available for people injured while visiting or living in Portugal.