Bundestag to decide on tightened liability for e-scooter rental companies

What the reform specifically provides for

The new rules are designed to make it easier for victims of e-scooter accidents to obtain compensation in the future. In the future, those affected will also be able to assert their claims for damages against the provider.

Until now, injured parties have had to prove who was riding the scooter and that this person was at fault for the damage. If the rider cannot be identified, those injured have so far been left to bear the costs themselves.

Liability is also to be tightened for riders. In the future, liability based on presumed fault is to apply. Anyone who can exculpate themselves will not be held liable. If this evidence cannot be provided, they will generally be liable for the damage incurred.

Figures: E-scooter accidents on the rise

In addition, liability is to apply in the future to accidents involving parked e-scooters, and this will be independent of fault. Those affected would then no longer have to prove that a rider left the scooter, for example, in the middle of the sidewalk.

The background is a significant increase in accidents involving electric micro-vehicles in Germany. According to the Federal Government, citing the Federal Statistical Office (Destatis), the number of accidents involving e-scooters rose from around 4,000 road traffic accidents in 2021 to nearly 8,000 accidents in 2024.

The number of people involved in accidents more than doubled over the same period: from 5,860 in 2020 to 12,509 in 2024. The number of regulated third-party damages also rose significantly: from 1,150 in 2020 to 5,000 in 2023.

According to the Federal Government, most e-scooter accidents occur in major cities. E-scooters in Germany are allowed to travel at a maximum speed of 20 kilometers per hour and therefore fall under an exception in the Road Traffic Act.

Members of parliament have before them a draft bill that introduces liability for the rental companies of the scooters. The draft, which originates from the CDU/CSU parliamentary group, justifies this as follows: Since the fleet operators enjoy the economic benefits of the services, they should also "bear the risk triggered thereby."

Case from Cologne: Why an injured party was left empty-handed

Accidents involving parked e-scooters are not currently recorded statistically. The Federal Government also wants this to change, so that the true extent of such incidents becomes visible.

A case from Cologne illustrates the practical implications the reform can have: a rental e-scooter had tipped over against a parked car. The vehicle owner demanded compensation from the rental scooter provider's insurer. The Cologne Regional Court, however, dismissed the lawsuit. It was not possible to determine who had last used or parked the scooter, and whether this person was even responsible for the damage. After all, an unknown third party could also have knocked over the e-scooter.

It is precisely such cases that the draft bill aims to treat differently in the future: anyone who, as the owner – for example, a rental company – bears responsibility for a vehicle, is to be held liable even when it remains unclear who specifically caused the damage.

Reactions: Praise from consumer advocates, criticism from rental companies

Consumer advocates view the reform as progress for those who have suffered harm. Beate Saupe of the Consumer Center Saxony said: "Da eben hier die Rechte diesen geschädigten Passanten oder geschädigten Verbrauchern gegenüber Sharing-Unternehmen gestärkt werden und sie nicht mehr unbedingt auf diesen Kosten sitzen bleiben."

Anna Montasser, spokesperson for the Micromobility Working Group of the platform "Shared Mobility," warns on the other hand of side effects. She said: "Beispielsweise kann nämlich ein Schaden, der an einer Person oder einer Sache geschehen ist, völlig verschuldensunabhängig einfach einem Anbieter angelastet werden." She also argues: "Die Problematik liegt hier darin, dass es keinen Umkehrschluss gibt, wenn es zum Beispiel ein Dritter war, der das Fahrzeug umgestoßen hat." Finally, she fears: "Und wir befürchten, dass die Gerichte in Deutschland damit überlastet werden könnten."

Montasser represents e-scooter rental companies and expects that the new regulation could lead to more insurance fraud. In most cases, it is not the renters themselves who knock over parked scooters. While riding, the providers can usually easily trace, via the registered users, who used the scooter.

Impact on insurers and courts

Additional costs could also arise for sharing providers. Liability insurance for owners of private e-scooters could become somewhat more expensive. The Federal Government, however, expects only additional costs in the low single-digit euro range per year.

A YouGov survey commissioned by Medien, however, shows broad approval among the population: 67 percent of those surveyed were in favor of a liability rule in favor of providers of rental e-scooters. In 2020, around 180,000 e-scooters were insured in Germany.

Public mood

In Leipzig, ahead of the Bundestag's decision, passers-by had at times sharply criticized reckless e-scooter riders, including those riding with headphones on or without a helmet. The reform, however, only indirectly addresses this behavior: it tightens liability, but does not change the rules of conduct on the road.