If you’ve ridden a Bird or Lime scooter in California, you’ve probably scrolled past the long list of terms and waivers without a second thought. But as electric scooter injuries keep climbing jumping from roughly 8,500 ER visits in 2017 to nearly 57,000 in 2022, those agreements are becoming a central issue when riders get hurt.
What’s changed isn’t just the number of crashes, but the way companies rely on those waivers to shut down claims before they begin. Bird and Lime use releases, arbitration clauses, and assumption-of-risk language to limit lawsuits, but those terms aren’t as airtight as most riders assume. Here’s what anyone using e-scooters in Los Angeles, Santa Monica, Long Beach, or anywhere in California needs to know, when the waiver actually matters, when it can be challenged, and what to do if a defective scooter, negligent maintenance, or a careless driver causes serious injury.
What happens when you agree to Bird or Lime terms?
Most scooter agreements do three big things:
- Release and assumption of risk. They try to make you accept common riding risks like potholes, traffic, cracks in pavement, and even some scooter malfunctions.
- Limit lawsuits. They often require arbitration instead of court, and they usually ban class actions.
- Carve out exceptions. Even Bird’s agreement says the release does not apply to claims based on gross negligence or willful misconduct.
Also, California has a public policy rule that contracts cannot waive responsibility for things like fraud, willful injury, or violations of law. So clicking “I agree” is not a magic shield. It just narrows the fight and gives the company procedural defenses.
What you are required to do as a rider
Bird and Lime both require certain actions from every rider, not just suggestions. When you unlock a scooter, you agree that you are 18 or older, physically capable of riding, and that you will obey traffic laws, ride alone, and park legally. Their terms also require you to perform a basic safety check—brakes, tires, handlebars, lights, and battery before you start the ride.
You are not permitted to ride under the influence of alcohol or drugs, or to use a phone or other device that distracts you while moving. Both companies also direct riders to wear helmets and comply with local helmet laws. In California, helmets are mandatory for riders under 18, and Bird/Lime place the responsibility for protective gear entirely on the rider.
Failing to follow these requirements doesn’t automatically prevent an injury claim, but the more you deviate from them, the more the companies argue that the risk was on you, not them.
When you CAN sue Bird or Lime
These are the fact patterns where cases against the scooter company are most realistic.
Gross negligence or willful misconduct
Bird’s release language specifically preserves claims for gross negligence or willful misconduct. That is a higher bar than ordinary carelessness. Think patterns like:
- A scooter reported as dangerous stays in circulation with no meaningful response
- A known brake or stem issue is ignored across a fleet
- Speed limiter or geofence problems create a predictable crash hazard and nothing is done
- A company practice encourages unsafe deployment, like repeated placement in areas with obvious hazards, despite repeated incidents
These cases are evidence driven. You win them with maintenance records, prior complaints, internal logs, and how long the company had notice.
Defective scooter or defective component
If the scooter fails in a way that looks like a product defect, the best defendants may include:
- The manufacturer of the scooter or component
- A parts supplier
- A maintenance vendor
A contract release you clicked with Bird or Lime does not automatically wipe out product liability claims against other companies. Also, if the failure is not a normal wear issue but a defect, the release is easier to attack factually.
Negligent maintenance, repair, or inspections
Even if the scooter is not defectively designed, poor maintenance can create liability. Examples:
- Worn brakes or bald tires
- Loose handlebars
- Faulty folding mechanisms
- Battery issues that cause sudden power loss in traffic
The key is showing the condition existed before your ride and should have been caught.
App or locking mechanism failure that creates danger
If the scooter accelerates unexpectedly, fails to slow when it should, locks suddenly, or the app creates a dangerous situation, you may have a negligence or products style theory depending on the facts. These claims are technical and usually require data from the ride, the scooter, and the app logs.
Which types of insurance cover electric scooter accidents in California?
Many riders assume their auto policy, homeowner’s policy, or health insurance will automatically cover them if they are injured on a Bird or Lime scooter. In reality, coverage depends heavily on how the accident happened and who was at fault.
Auto Insurance
Auto insurance only applies in one primary scenario: when a vehicle is involved.
That means:
- if you are riding a scooter and a car hits you → the driver’s auto insurance may cover your medical bills, lost wages, and pain and suffering.
- if you were driving and hit a scooter rider → your liability coverage may pay for the rider’s injuries.
Auto insurance generally does NOT cover:
- injuries from falling off a scooter on your own,
- crashes that do not involve a vehicle,
- defects in the scooter itself.
Homeowner’s or Renter’s Insurance
These policies rarely cover injuries involving a motorized device — and electric scooters fall into that category.
This is why Lime includes a specific warning for California riders:
“YOUR HOMEOWNER’S, RENTER’S, OR AUTOMOBILE INSURANCE POLICIES MIGHT NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS DEVICE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.”
So if you crash due to a pothole or lose balance on a scooter, your homeowner’s or renter’s insurance likely won’t help with medical costs or damages.
Health Insurance
Health insurance generally covers medical treatment regardless of fault — ER visits, imaging, surgery, physical therapy, etc.
But it does NOT cover:
- lost wages,
- pain and suffering,
- long-term disability compensation,
- or other financial damages.
Health insurance pays doctors and hospitals. It doesn’t replace a legal claim.
When the City Is Difficult to Sue
In some cities such as Long Beach, Lime uses a separate city-specific waiver that tries to shield the City from claims involving roadway conditions.
So if your only argument is a bad road or broken pavement, recovery becomes significantly harder due to that waiver language.
Who pays depends on who caused the crash:
| Cause of the crash | Most likely source of coverage |
|---|
| Car hits scooter | Driver’s auto insurance |
| Scooter defect | Bird/Lime liability (in strong cases) |
| Road hazard | harder to pursue — especially in Long Beach |
| Rider error | only health insurance applies |
What to do if you’re injured on a Bird or Lime scooter in California
After a crash, the first priority is medical treatment. Once you’re stable, try to preserve anything that might later prove what happened — pictures of the scooter and pavement, the exact area where you fell or were struck, screenshots from the app showing your ride, and the names or contact details of any witnesses. If a vehicle was involved, note the plate number and insurance information. These early steps matter because Bird and Lime will almost always point to their waivers, and the strength of your evidence can decide whether a claim survives those defenses.
If you have questions about whether your case is viable, speak with an electric scooter accident lawyer who has experience with these specific agreements and the way California treats liability and assumption-of-risk clauses. Bojat Law Group has handled claims involving shared scooters, negligent drivers, and disputes over roadway hazards, and can walk you through your options without pressure. You can reach the firm at (818) 877-4878 for a conversation about what happened and what the next step should look like.
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