Liability for Damage Caused by Operating an Electric Scooter

20 Apr 2026 , 09:40 - 10:25
VERANSTALTET VON: Faculty of Law
Domovinskog rata 8, 21000 Split

A traffic accident in road traffic regularly results in some form of damage, whether material or non-material. Therefore, the definition of a traffic accident as prescribed by the Act on Compulsory Traffic Insurance would be the most accurate: a “traffic accident” is an event in which damage occurs due to the use of a means of transport, where the means of transport is in fact a motor vehicle. Electric scooters in the Republic of Croatia are defined by the Road Traffic Safety Act, according to which they fall under the category of “personal transport devices.” An electric scooter is, for now, not classified ex lege as a motor vehicle, although it is a means of transport. Given the increasing presence of various electric vehicles, it is easy to imagine a situation in which a traffic accident involving an electric scooter occurs. According to the Road Traffic Safety Act, only provisions relating to pedestrians may be applied to the rider of an electric scooter. As a result, there is no obligation for liability insurance. According to amendments to the Road Traffic Safety Act, electric scooters have been included in the category of personal transport devices, and under the Act on Compulsory Traffic Insurance there is no obligation to insure vehicles that are not registered and homologated, which still does not resolve the issue of insurance. Therefore, riders of electric scooters, as well as users of other personal transport devices, would be liable for damage under the principle of causation. The Act on Obligations (Article 1045(3)) states: “(3) For damage caused by a thing or activity that presents an increased risk of harm to the environment, liability exists regardless of fault.” It should be emphasized that the possibility of compensating the injured party depends solely on the financial situation of the liable person, since there is no obligation of insurance.

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