Whether you can claim, and who pays, depends on whether the e-bike was a legal electrically assisted pedal cycle (EAPC). GOV.UK says you can ride an EAPC if you are 14 or over, and it does not need a licence, registration, tax or insurance. If you were riding one and a driver hit you, you claim against the driver's insurer as any cyclist would. If an e-bike does not meet the EAPC rules, it is classed as a motorcycle or moped and must be insured; if it was not, the Motor Insurers' Bureau may compensate the people it injured. The usual time limit is three years.
Electric bikes sit between bicycles and motorbikes, and UK law draws the line between them precisely. Which side of it a bike falls on decides whether insurance was compulsory, whether the Motor Insurers' Bureau can step in, and which small claims limit applies. This guide covers claims by e-bike riders and by pedestrians and others hit by e-bikes. We are an independent information service, not a law firm.
Legal e-bike or not: why it matters
GOV.UK sets out when an e-bike counts as an EAPC. It must have pedals that can be used to propel it. Its electric motor must have a continuous rated power output of no more than 250 watts and must not be able to propel the bike when it is travelling at more than 15.5mph. Markings must show the continuous rated power output and the manufacturer, plus either the battery's voltage or the maximum speed the motor can propel the bike. Section 189 of the Road Traffic Act 1988 treats a prescribed class of electrically assisted pedal cycle as not being a motor vehicle.
| Question | Legal e-bike (EAPC) | Does not meet EAPC rules |
|---|---|---|
| How the law treats it | Not a motor vehicle | A motorcycle or moped |
| Rider | 14 or over; no licence needed | Needs a valid driving licence |
| Registration and tax | Not needed | Must be registered and taxed |
| Insurance | Not needed | Must be insured |
| Helmet | The Highway Code advises a cycle helmet | A motorcycle helmet that meets British safety standards |
| Where it can be ridden | Cycle paths and anywhere pedal bikes are allowed, but not pavements | Only on the road, not cycle tracks or cycle lanes |
Northern Ireland follows the same approach. nidirect says owners of EAPCs there do not need to register, license or insure them, while any electric bike that does not meet the EAPC rules is classed as a motorcycle or moped and needs to be registered, taxed and insured. GOV.UK warns that if a bike classed as a motorcycle or moped has not been insured, the rider may get a fine or the bike may be seized by the police.
If you were riding an e-bike and were hit
If a driver hit you while you were riding a legal e-bike, your claim is against the driver's motor insurer. If the driver was uninsured or drove off, the Motor Insurers' Bureau compensates people injured because of an uninsured or hit-and-run driver.
The court's small claims rules set a lower threshold for some road users. For injury claims arising from a road traffic accident, the small claims limit for the injury part is generally £5,000, but it is £1,000 where the claimant was, among others, using a bicycle or other pedal cycle, a pedestrian or a motorcyclist. Ask your solicitor to confirm how that applies to your e-bike.
The Highway Code says cyclists should wear a cycle helmet that conforms to current regulations, is the correct size and is securely fastened, and nidirect says an appropriate helmet is highly recommended for e-bike riders. If the other side shows that something you did contributed to your injuries, the Law Reform (Contributory Negligence) Act 1945 reduces your damages to the extent the court thinks just and equitable rather than defeating the claim.
If your own e-bike did not meet the EAPC rules, you needed a licence and insurance to ride it on the road. Tell your solicitor at the start, because it may affect how the claim is handled. Delivery riders should also read our delivery rider accident guide.
If you were hit by an e-bike
If the e-bike was a legal EAPC, the position is the same as being hit by an ordinary cyclist. There is no compulsory insurance, so the claim is usually against the rider personally or any liability cover they hold. Our guide for a pedestrian hit by a cyclist covers this in detail.
If the e-bike did not meet the EAPC rules, it counts as a motorcycle or moped, and section 143 of the Road Traffic Act 1988 requires insurance for anyone using a motor vehicle on a road or other public place. If the rider was insured, you claim against that insurer. If not, or if the rider cannot be traced, the Motor Insurers' Bureau may be able to compensate you, and a solicitor can check whether your claim fits its rules.
The small claims threshold depends on the same question. The rules define a road traffic accident by reference to the use of a motor vehicle, so for a pedestrian hit by an e-bike that counts as a motor vehicle the injury threshold is £1,000; if it was a legal EAPC, the general personal injury threshold of £1,500 applies.
Evidence that helps in an e-bike claim
- Photos of the e-bike, including its markings (power output, manufacturer, and battery voltage or maximum speed). These can help show whether it was a legal EAPC.
- Whether it moved without pedalling: GOV.UK says an electric bike must be approved if it can be propelled up to 15.5mph without pedalling, for example a "twist and go".
- The rider's details, any insurance details and any registration plate.
- A police report, particularly if the e-bike may not have been legal or the rider left the scene.
- Witnesses and CCTV, gathered quickly.
- Medical records and proof of losses, such as lost earnings and travel costs.
Time limits
In England and Wales you normally have three years from the date of the accident, or from your date of knowledge if later. EAPC riders can be as young as 14; if the injured person was under 18, the three years usually run from their 18th birthday, and a litigation friend conducts any court case for a child. Scotland and Northern Ireland also apply three-year periods, with their own rules for children and for late claims.
Time limit checker
Indicative only. It applies the basic three-year statutory periods and cannot account for every exception, such as a later date of knowledge or a court's discretion. It is not legal advice: take advice well before any deadline.
Frequently asked questions
Do e-bikes need insurance in the UK?
A legal e-bike (an electrically assisted pedal cycle) does not need to be registered, taxed or insured, according to GOV.UK, and nidirect says the same for Northern Ireland. An e-bike that does not meet the EAPC rules is classed as a motorcycle or moped and must be registered, taxed and insured.
Can I claim if I was hit by an e-bike?
Yes, if the rider was at fault. If it was a legal EAPC, the claim is usually against the rider personally, as there is no compulsory insurance. If it did not meet the EAPC rules, it should have been insured as a motorcycle or moped, and if it was not, the Motor Insurers' Bureau may be able to help.
I was knocked off my e-bike by a car. Is that a small claim?
Only if the injury part is small. For road traffic accidents the small claims limit for injury is generally £5,000, but it is £1,000 where the claimant was using a bicycle or other pedal cycle. Ask your solicitor how the rule applies to your e-bike.
What makes an e-bike illegal on UK roads?
An e-bike is not an EAPC if, for example, the motor can propel it at more than 15.5mph, its continuous rated power output is higher than 250 watts, or it does not have pedals that can propel it. It is then classed as a motorcycle or moped and must be registered, taxed and insured, and the rider needs a driving licence.
Can a child claim after an e-bike accident?
Yes. Riders of legal e-bikes can be as young as 14. A litigation friend conducts a court claim for a child, and in England and Wales the three-year time limit usually runs from the child's 18th birthday.
Who pays if an uninsured e-bike rider hit me?
If the e-bike was a legal EAPC, the rider is personally responsible because insurance is not compulsory. If it was classed as a motorcycle or moped, it had to be insured, and the Motor Insurers' Bureau compensates people injured by uninsured or hit-and-run drivers.
Get help from official, free sources
- GOV.UK: electric bike rules: when an e-bike is a legal EAPC
- Motor Insurers' Bureau (MIB): uninsured and hit-and-run claims
- Solicitors Regulation Authority (SRA): check a solicitor is regulated
- Citizens Advice: free, impartial guidance on your rights
Related guides: pedestrian hit by a cyclist, cycling accident claims, e-scooter accident claims, delivery rider claims, MIB claims and claiming for a child.
Official sources used for this guide: GOV.UK: riding an electric bike, the rules; nidirect: electric bikes (EAPCs); Road Traffic Act 1988, s.189; Road Traffic Act 1988, s.143; CPR Part 26; GOV.UK: compensation for victims of uninsured drivers. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.