Electronic Bicycle Operators’ Entitlement to Receive PIP Coverage When Injured in an Accident with a Motor Vehicle in Delaware

Electric bicycles have exploded in popularity in recent years – especially in urban areas as they are an efficient and convenient form of transportation for commuters on congested city streets, as well as residents of these urban areas who are looking to run errands and not have to worry about on-street parking issues. In addition, more and more we are seeing individuals operating electric bicycles in rural areas of Kent and Sussex Counties.

An issue arises with electric bicycles when they are involved in an accident with a tortfeasor who is operating a motor vehicle. More specifically, is the injured electric bicycle operator entitled to personal injury protection (PIP) benefits from the tortfeasor’s uninsured/underinsured motorist coverage?

Common sense dictates that these electric bicycles should be subject to mandatory insurance requirements (as automobiles, motorcycles and other motorized vehicles are) as these electric bikes can often travel at speeds up to 28 miles per hour. However, as is often the case, common sense and legislation often do not yield the same results.

In Delaware, owners of electric bicycles are not required to register electric bicycles or obtain liability insurance like other motor vehicles. Specifically, 21 Del. C. §4198P provides that a person operating an electric bicycle is provided all the rights of a person operating a bicycle.

       Except as specifically provided in this section, an electric bicycle
       or an operator of an electric bicycle shall be afforded all the
       rights and privileges, and be subject to all the duties, of a bicycle
       or the operator of a bicycle.^[1]

Further, a person operating an electric bicycle is not subject to the provisions of the Delaware Code relating to financial responsibility insurance, driver’s licenses, registration, certificates of title, off-highway vehicles or license plates.^[2]

This raises an additional issue of whether a person operating an electric bicycle, who is not subject to the same requirements as motor vehicle owners as set forth above and are not traveling in a motor vehicle, are the entitled to PIP benefits under Delaware law when involved in an accident with a motor vehicle that is required to have uninsured motorist coverage. Neither Delaware statutory law nor case law specifically address this issue. In order to arrive at the correct conclusion, one must read several statutes in conjunction with each other.

As stated above, an operator of an electric bicycle is entitled to all of the same rights as a person operating a regular bicycle.^[3]  Therefore, to ascertain the rights to PIP of an operator of an electric bike, one has to look to the rights of a pedestrian, because operators of a regular bicycle have all of the rights of a pedestrian.^[4] A pedestrian is statutorily entitled to PIP benefits pursuant to the Delaware PIP statute 21 Del. C. §2118(2)(e).

Consequently, when dealing with a carrier who has denied PIP benefits to an operator of an electronic bicycle in the State of Delaware, the carrier should be counseled to reverse that denial or they will subject themselves to a potential bad faith claim by Plaintiff’s Counsel.

[1]Id. at sub paragraph (a).
[2]Id. at sub paragraph (b).
[2]Id.
[2]21 Del. C. §4198P.