Insurance denying coverage because I was riding an electric bike?

by David

I was hit by a car while riding an electric low speed bicycle (e-bike). I was traveling through a cross walk and I had the right of way when it happened. The insurance company won't pay out on the Personal Injury Protection portion, because they're saying my bicycle has a motor. The Registry of Motor Vehicles in Massachusetts says you do not need to register, insure or have a license to ride an e-bike.

Should the insurance company have to pay out on the PIP? What's the law here? Is there anything I can do to get compensation for my injuries in this accident? Thanks for any information you can give regarding this issue.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Insurance denying coverage because I was riding an electric bike?":

David (MA):

Unfortunately, most personal injury protection insurance (PIP) does not cover:

-Farm Equipment
-Recreational or off-road vehicles
-Electronic bikes

The State of Massachusetts is a no-fault insurance state. Read your insurance policy carefully. You will likely find it also does not cover the above. To read the Massachusetts law regarding Personal Injury Protection see:

Section 34M of Massachusetts General Laws

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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