Bike vs. Scooter or Longboard Crash in Utah: Whose Insurance Pays?

Short answer: When a bicycle collides with a scooter, skateboard or longboard in Utah and no car is involved, auto insurance usually stays out of it. There is no PIP claim and no uninsured motorist claim, because both depend on a motor vehicle. The money usually comes from two places: the injured rider's own health insurance, and the at-fault rider's homeowner's or renter's policy, which often covers its insured away from home. That policy can reach a teenager through the parents' coverage and, on many policies, a full-time college student. The biggest catch is power: a policy that covers a kick scooter or a longboard often excludes an electric one.

Why auto insurance usually stays out of it

Utah's no-fault coverage, personal injury protection (PIP), pays people hurt "in an accident involving any motor vehicle," and pedestrians hit by the insured car (Utah Code 31A-22-308). Uninsured motorist coverage pays when the person at fault is the owner or operator of an uninsured motor vehicle (Utah Code 31A-22-305(3)). Both need a motor vehicle in the crash.

A bicycle, a longboard and a kick scooter run on human power. Utah's traffic code also leaves e-bikes and motor assisted scooters out of its definition of "motor vehicle" (Utah Code 41-6a-102(51)), and the auto-insurance statutes borrow that definition (Utah Code 31A-22-301(1)(a)). So when one rider hits another and no car is involved, PIP and uninsured motorist coverage generally have nothing to attach to. A device that can go faster than 20 mph on its motor alone is treated differently; our e-bike and scooter guide explains how.

If a car was part of the crash, the picture changes completely. See our guides to bicycle accident claims and e-bike and scooter accidents. This page is about the crashes with no car at all.

What's left is the injured rider's own health insurance, which pays the medical bills first, and the coverage of the person who caused the crash. For most riders, that isn't an auto policy. It's a homeowner's or renter's policy.

Homeowner's and renter's coverage follows the person

The liability section of a homeowner's policy isn't limited to the house. On the standard forms most insurers use, it covers bodily injury the insured causes in an accident, wherever the accident happens, and it pays to defend the insured against the claim. Renter's and condo policies usually carry the same liability section. A rider who cuts into you on a campus path, a neighborhood street or a downtown bike lane may be insured even though they were miles from home.

That coverage answers the injured person's claim against the rider who caused the crash: medical bills, lost wages, and pain and suffering, up to the policy limit, once fault is shown. It works the same whichever way the crash went. If the cyclist caused it, the cyclist's homeowner's or renter's policy is the one that answers the scooter rider's claim.

Who counts as an "insured"

This is where many claims are found. The standard homeowner's forms define "insured" to include:

The named policyholder, and a spouse who lives in the same household.
Relatives who live in the household, including teenage children.
Other people under 21 who live in the household and are in the care of one of those people.
A full-time student who lived in the household before moving out to attend school, if the student is a relative under 24, or is under 21 and in the household's care.

In practice, a 15-year-old on a longboard is usually covered by the parents' homeowner's or renter's policy. A 20-year-old student in Provo, Orem or Logan may still be covered by the parents' policy back home, even if that home is in another state. Policy language varies, so the wording of the actual policy controls.

Human-powered vs. electric: the coverage gap

Here is the catch. Utah's auto-insurance law says an e-bike or a motor assisted scooter is not a motor vehicle, so it doesn't bring PIP into the picture. Many homeowner's policies go the other way: they define "motor vehicle" to include a self-propelled land vehicle, and they largely exclude liability that comes from using one. Under that wording, an electric scooter, an e-bike, an electric skateboard or a one-wheel can fall outside both kinds of coverage.

Bicycles, kick scooters, skateboards and longboards run on human power, so the motor-vehicle exclusion generally doesn't apply. These are the claims homeowner's and renter's coverage handles most often.
Electric devices depend on the policy. Some insurers carve out exceptions or sell an endorsement that covers e-bikes or scooters, and some umbrella policies pick them up. Others exclude them outright.

Don't assume either way. Get the policy itself, including any endorsements, and read the definition and the exclusion together.

Rental scooters

When the rider who hit you was on a shared scooter, there may be another source. Utah requires scooter-share companies to carry insurance dedicated to their shared scooters, including commercial general liability coverage of at least $1 million per occurrence (Utah Code 41-6a-1115.1(5)(c)). Whether that coverage pays for a rider's careless riding, as opposed to the company's own mistakes such as a scooter with failing brakes, depends on the policy and the facts. The rider's own homeowner's or renter's policy may also apply, subject to the motor-vehicle exclusion above.

Photograph the scooter and its ID number before it's collected; every shared scooter must display one (41-6a-1115.1(5)(b)). Our e-bike and scooter guide covers the rental app's waiver, arbitration terms and ride data.

Other exclusions to know

Intentional harm. Liability policies exclude injury the insured expected or intended. A careless crash is covered; a deliberate one usually isn't, though the claim against the person still exists.
Business use. Homeowner's liability excludes business activities. If the rider was delivering food or packages, look at who they were working for. An employer can be responsible for an employee's riding on the job, and a delivery company may carry its own coverage. Whether the company is responsible depends on the working relationship.
Members of the same household. Homeowner's liability doesn't cover injuries to people insured under the same policy. If two siblings collide, the family's policy generally won't pay one for the other's injuries.

Medical payments to others: small, but no fault required

Most homeowner's and renter's policies include "medical payments to others." Away from the home, it can pay the necessary medical expenses of someone hurt by the insured's activities, whether or not the insured was at fault. Limits are often $1,000 to $5,000, so it won't cover a broken wrist by itself, but it can pay an urgent care or emergency room bill quickly while the liability claim is sorted out. It doesn't cover people who live in the policyholder's household.

How to find the right policy

At the scene, get the rider's name, phone number and address. For a minor, get a parent's name and number too.
Ask directly for the name of their homeowner's or renter's insurance company. Many people don't realize the policy might apply. Once they report the crash, the insurer opens a claim and assigns an adjuster.
If police responded, the report may identify the rider and any witnesses.
On a rental scooter, the scooter's ID number lets the company identify the ride and the rider.
If the rider won't share, a letter asking them to forward the claim to their insurer often gets it started. If a lawsuit is filed, Utah's civil rules require a defendant to produce any insurance agreement that may pay part or all of a judgment (Utah Rule of Civil Procedure 26(a)(1)(D)).

Utah rules that still apply

Shared fault. You can recover only from those whose combined fault exceeds yours (Utah Code 78B-5-818(2)). At 50/50, you recover nothing; below that, your recovery is reduced by your share. In rider-on-rider crashes both sides often carry some blame, so this matters. See partially at fault for the crash?
The deadline. Most Utah injury claims must be filed within four years (Utah Code 78B-2-307(4)). Our statute of limitations guide covers the exceptions.
A street, curb or sidewalk defect. If a pothole, a broken sidewalk or a dangerous crosswalk played a part, a city, county or the state may share fault. Utah waives immunity for dangerous conditions of roads, streets, sidewalks and crosswalks, with exceptions (Utah Code 63G-7-301(2)(h)). Some trails, including certain designated trails along canals, streams and rivers, keep their immunity (Utah Code 63G-7-201(4)(n)). A government claim needs a written notice of claim within one year (Utah Code 63G-7-402) and a lawsuit within two years (Utah Code 63G-7-403(2)(b)). See what can go wrong with a notice of claim.

Common questions

The rider who hit me was a teenager. Do I have to sue the parents?

Usually the claim is against the teen, and the parents' homeowner's or renter's policy answers it because a relative living in the household is an insured. Parents aren't automatically responsible for everything a child does, but the household policy often covers the child.

Does my own homeowner's policy pay for my injuries?

Generally no. The liability and medical-payments parts of your policy pay other people, not you or your household. Your health insurance pays your medical bills, and the at-fault rider's coverage answers your claim.

What if the rider has no homeowner's or renter's insurance?

Then the claim is against the rider personally, and collecting depends on what that person has. Uninsured motorist coverage doesn't fill the gap when no motor vehicle was involved. It's worth checking whether anyone else shares fault, such as a scooter-share company or the owner of a defective path.

I was on an e-bike and the other rider was on a longboard. Who pays?

Whoever caused the crash, through that person's coverage. If the longboarder caused it, the longboarder's homeowner's or renter's policy generally applies. If you caused it, your e-bike may fall under your own policy's motor-vehicle exclusion, so check it before you assume you're covered.

Hurt in a crash with a scooter, skateboard or longboard rider? An attorney reviews every case, and our team can track down the policy that applies. Call (801) 921-5134 or send us a message. Free consultation. You pay nothing up front, and no attorney fees unless we win. Hablamos Español.