2023-10-13 16:00:00
No need for insurance on an electric bike. © Stromer
A recent decision by the European Court could set a precedent, while France has already ruled on the subject.
In summary :
Insurance in the same way as that of a car is not required for a bicycle The electric bicycle is not considered as a “vehicle” by the courts Civil liability always takes over in the event of an accident
Is the electric bike a motorized vehicle like a car or a simple bicycle? The debate is particularly complex since the VAE actually oscillates between the two. The only thing that “saves” it from all the administrative hassle of a private car is that it doesn’t have a throttle grip like a motorcycle. Without effort from the cyclist, the motor does not engage and does not help with propulsion. It is therefore indeed aid that is in question, and the European Court recalled this very recently in a judgment rendered on the thorny issue of electric bicycle insurance.
Fatal cycling accidents: more deaths in town or in the countryside?
VAEs escape insurance
#LaSemaineCJUE 12/10
âš–ï¸ (A): Electric Bike Rack – Insurance #responsibility civil (C-286/22)
âš–ï¸ (C): Export of survival benefits to the#Algérie (C-549/22)
âï¸ (A): #ProtectiondesConsommateurs – Right to obtain a copy of the credit contract (C-326/22) pic.twitter.com/55PvSuopFM— EU Court of Justice (@CourUEPresse) October 6, 2023
The judgment (in a case between two insurers) handed down by the European Court is final, and should set a precedent while other similar cases had been handled by the French courts.
“Article 1, point 1, of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 on the insurance of civil liability arising from the circulation of motor vehicles and the monitoring of the obligation to ensure this responsibility, must be interpreted in the sense that: does not fall within the notion of “vehicle”, within the meaning of this provision, a bicycle whose electric motor only provides pedaling assistance and which has a function allowing it to accelerate without pedaling up to a speed of 20 km/h, this function can however only be activated after using muscular force.”
Electric bicycles are therefore clearly exempt from the insurance obligation. Please note: “speed bikes”, which go beyond 25 km/h, must be insured and registered like a moped.
For bicycles, the explanation is simple: they cannot be qualified as a “vehicle”. Obviously, nothing prevents you from taking out insurance on your own (theft, personal protection, legal assistance, etc.). On the other hand, nothing says that one day it will not be compulsory to wear a helmet when riding a bicycle. Which wouldn’t be a bad thing and would perhaps relieve hospital emergency and trauma departments a little.
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