Canadian pediatricians are sounding the alarm on the “exponential rise” of severe e-scooter injuries and deaths in children and teens.
Ontario’s e-scooter rules operate under a provincial pilot project, and municipalities decide whether e-scooters are allowed locally. Under Ontario rules, a person must be at least 16 years old to operate an e-scooter, and riders under 18 must wear a bicycle helmet.
These provincial rules don’t seem to be preventing children from operating e-scooters however. In fact, at the time of writing this blog the Canadian Tire website advertises Electric Scooters for kids.
If a child rides where e-scooters are prohibited, rides underage, or rides without a helmet, those facts may become important in both a personal injury claim and an insurance coverage dispute.
Regardless of whether your child was old enough to operate an e-scooter, wearing a helmet, or otherwise doing something they weren’t supposed to be doing, it is important to know that they may still have access to compensation or insurance benefits after an accident, depending on the circumstances.
When a child is seriously injured on an e-scooter, any number of people or organizations may be at fault for the injuries. Examples of potentially at-fault parties include:
If someone else is at fault, your child may have a personal injury claim against the person or organization for compensation. Liability will depend on the circumstances of the accident.
Regardless of fault, your child may also be able to claim Statutory Accident Benefits (“SABS”) if involved in an accident involving the “use or operation of an automobile”.
E-scooters are deemed not to be a motor vehicle, so SABS are only available if another vehicle was somehow involved in the accident.
For example, If another motor vehicle is involved, the child can make a SABS claim under their parents’ auto insurance policy. If their parents do not have auto insurance, the child can make a SABS claim under the auto policy for the involved vehicle.
However, the SABS changed significantly on July 1, 2026. Medical, rehabilitation and attendant care benefits remain mandatory, but many other accident benefits that were previously mandatory are now optional.
These optional benefits include income replacement, non-earner, caregiver, home maintenance, lost educational expenses, death and funeral benefits and more.
Particularly problematic for children, the new SABS rules also limit optional benefits to certain people, including the named insured, their spouse, dependants, and listed drivers. A child living in the insured household will often be a dependant, but that should never be assumed without reviewing the policy. If the parents do not have auto insurance, the child will need to make the claim under the involved vehicle’s policy and will not have access to optional benefits.
The insurance issues around e-bikes are similar too, but not the exact same.
For parents, the practical takeaway is simple: e-scooters are not toys. Kids using e-scooters are at serious risk of injury. If your child is under 16 in Ontario, they shouldn’t be operating e-scooters at all.
Prevention is the best medicine, but parents should also be prepared if injuries do happen. Ensure that your auto policy includes optional SABS benefits – not only for e-scooter injuries, but for your whole family’s protection writ large.
Injuries do happen, and when they do, we’re here to help. Give us a call today.
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