Electric bicycles and electric scooters have transformed the way New Jerseyans get around. From delivery workers navigating city blocks to commuters zipping through suburban streets, these vehicles are everywhere. But if you’ve been riding one and were struck by a car, you may be in for a jarring legal reality: a recent New Jersey Supreme Court decision has made clear that e-scooter and e-bike operators may not qualify as “pedestrians” under the state’s No-Fault Law — and that distinction could cost you thousands of dollars in medical coverage.
The numbers behind this issue are significant. According to Harvard Health Publishing, e-bike injuries more than doubled every year between 2017 and 2022, rising from 751 reported injuries to over 23,000 — and e-scooter injuries increased even faster, from roughly 8,500 to nearly 57,000 over the same period. As these vehicles have multiplied on New Jersey’s roads and sidewalks, so too have the legal questions about what happens when a rider gets hurt.
At Harrell Injury Law, we believe injured riders deserve to understand exactly where they stand. Here is a breakdown of the landmark ruling, what it means for your insurance coverage, and what has changed — and what has not — in the months since.
The Case That Changed Everything: Goyco v. Progressive Insurance Company
The story begins on November 22, 2021, when David Goyco was riding a Segway Ninebot KickScooter Max — a low-speed electric scooter (LSES) — in Elizabeth, New Jersey, when he was struck by an automobile. He sustained injuries and incurred significant medical expenses as a result of the crash.
Goyco had an automobile insurance policy with Progressive Insurance Company, and he filed a claim for Personal Injury Protection (PIP) benefits — the no-fault coverage that New Jersey law requires all auto policies to include. As the New Jersey Department of Banking and Insurance explains in its official Auto Insurance Buyer’s Guide, PIP is designed to pay for medical bills and certain other losses promptly, regardless of who caused the accident. Under New Jersey’s No-Fault Act (N.J.S.A. 39:6A-1 to -35), PIP benefits are available to people who are either occupying an automobile or who are injured as a pedestrian struck by a car.
Progressive denied the claim. The insurer’s position was straightforward: Goyco was not inside an automobile when the accident happened, and he was not a pedestrian — he was operating a motorized vehicle. Goyco sued, arguing that electric scooters are functionally equivalent to bicycles, and since New Jersey law treats bicyclists as pedestrians for PIP purposes, he should be entitled to the same coverage.
The trial court sided with Progressive. The Appellate Division affirmed. And on May 14, 2024, the New Jersey Supreme Court issued its unanimous decision in Goyco v. Progressive Insurance Co.: Goyco was not a pedestrian, and he was not entitled to PIP benefits.
Why the Court Said E-Scooter Operators Are Not Pedestrians
The crux of the case came down to the legal definition of “pedestrian” under New Jersey’s No-Fault Act. Under N.J.S.A. 39:6A-2(h), a pedestrian is defined as “any person who is not occupying a vehicle propelled by other than muscular power and designed primarily for use on highways, rails and tracks.”
Bicyclists have long been considered pedestrians under this definition because bicycles are propelled by muscular power — the rider’s own legs. E-scooters and e-bikes, by contrast, are propelled by electric motors. The Court held that this distinction is not a technicality; it is the foundation of the statute.
Goyco’s legal team pointed to a 2019 New Jersey law that directed e-scooters to be regulated similarly to bicycles in most respects. But the Supreme Court declined to read that regulatory equivalency into the No-Fault Act’s insurance provisions. The justices emphasized that the 2019 law related to how e-scooters should be regulated on roads and public paths — not to insurance coverage in the event of an accident. Writing for the Court, Justice Solomon made clear that expanding PIP coverage to electric scooter riders would be a legislative decision, not a judicial one, stating that such a policy choice and its insurance cost implications are “properly for the Legislature, not the Court.”
The ruling applied with full force to e-scooter operators. And while the decision specifically addressed low-speed electric scooters, the same legal logic — that motor-powered vehicles fall outside the “muscular power” definition of pedestrian — extends naturally to e-bike operators whose devices rely on a throttle or motor to propel forward movement.
What This Means for Injured Riders: A Serious Coverage Gap
For anyone injured while riding an e-scooter or e-bike and struck by a motor vehicle, the practical consequences are severe.
Without PIP classification as a pedestrian, riders who lack other forms of coverage face having to pay medical bills out of pocket while pursuing a claim against the at-fault driver. Unlike traditional accident victims who can access PIP immediately — regardless of fault — e-scooter and e-bike riders in the wake of Goyco must pursue compensation through the tort system, which takes time and carries uncertainty.
This matters enormously in New Jersey, where PIP coverage is often the first and fastest source of funds for accident-related medical treatment. As New Jersey’s official insurance regulator notes, standard PIP policies provide up to $250,000 in medical expense coverage per person — a figure that can be critical after a serious crash. Losing access to that coverage entirely creates a gap that can be financially devastating, especially for delivery workers, lower-income commuters, and others who rely on these vehicles as primary transportation.
The Legislature Responds: New Jersey’s 2026 E-Bike Law
The Supreme Court was direct in its ruling that the solution to this coverage gap lay with the legislature — and the legislature eventually acted. In one of his final acts in office, outgoing Governor Phil Murphy signed sweeping e-bike legislation (S4834/A6235) into law on January 19, 2026.
The new law directly responds to the Goyco decision. It defines operators of bicycles, low-speed electric bicycles, and low-speed electric scooters as pedestrians for insurance purposes, restoring their eligibility for PIP benefits after accidents involving motor vehicles. The law also imposes new licensing, registration, and insurance requirements on e-bike operators across different speed classifications — making New Jersey one of the strictest states in the nation on e-bike regulation. The new requirements go into effect July 2026 and include:
E-bike Requirements
- Minimum age – 15 years old.
- Possess a valid driver license or e-bike license or e-bike permit.
- Motorized bicycles are required to be registered and to have insurance coverage. Low Speed Electric Bicycles do not require insurance but still must be registered with MVC.
- A helmet is mandatory for all e-bike riders, regardless of age.
E-bike License
- You must be at least 15 years old.
- Schedule an appointment for an e-bike permit.
- Pass the Knowledge and Vision Tests to validate your permit.
- Schedule a Road Test.
- Practice operating the e-bike, unsupervised and during daylight hours, for 45 days.
- Upon passing your Road Test, obtain your e-bike license at an NJMVC Licensing Center.
E-bike Registration
- Motorized bicycles are required to be registered and to have insurance coverage. Low Speed Electric Bicycles do not require insurance but still must be registered with MVC.
- Schedule a registration appointment.
- Provide ID and show valid proof of ownership or affidavit of ownership.
- Provide a Manufacturer’s Certificate of Origin (MCO)
- If an MCO, bill of sale or formal proof of ownership is not available, the Motor Vehicle Commission may accept an affidavit from the current owner. The affidavit sets forth with reasonable specificity the acquisition of ownership of the e-bike, together with any supporting documents, as proof of ownership of the e-bike.
- Obtain registration.
A thorough policy analysis of S4834/A6235 by the Rutgers University Bloustein School of Planning and Public Policy highlights why continued dialogue remains necessary. Researchers there note the importance of balancing safety goals with accessibility, pointing out that clear device definitions, consistent crash reporting, and enforceable standards all matter for the law to work as intended — alongside broader investments in road infrastructure and public education.
This is a meaningful change in the right direction. However, riders injured between the Goyco decision in May 2024 and the effective date of the new insurance rules may still find themselves caught in the coverage gap — and those cases require careful legal analysis.
What Injured Riders Should Know Right Now
Whether you were hurt before the new law took effect or you are trying to understand your rights going forward, a few key points are essential:
The at-fault driver’s liability coverage may still be available. Even if you cannot access your own PIP benefits, if a negligent driver hit you, their bodily injury liability coverage may compensate you for your medical bills, lost wages, and pain and suffering. Pursuing that claim requires building a strong case — and having experienced legal representation matters.
Your health insurance may provide a bridge. While it is not a substitute for PIP, your personal health insurance may cover your accident-related medical care in the short term, allowing you to seek treatment while the liability claim is pending.
The timing of your accident matters. The legal landscape for e-bike and e-scooter riders in New Jersey has changed significantly over the past two years. When your accident occurred determines which rules apply to you — and the analysis is not always straightforward.
Documentation is critical. If you were injured in an e-bike or e-scooter accident, preserve everything: police reports, medical records, photos of the scene, witness contact information, and the specific make, model, and year of your vehicle. These details affect how your claim is classified.
How Harrell Injury Law Can Help
The law governing e-bikes, e-scooters, and PIP coverage in New Jersey is evolving rapidly. What was settled last year may be different today, and what is true today may look different again by the end of 2026 as the new legislation is fully implemented.
At Harrell Injury Law, our mission is to ensure full and fair compensation for people injured through no fault of their own. We do not simply accept what insurance companies offer. We carefully analyze every avenue for recovery — including pursuing at-fault drivers, evaluating applicable insurance policies, and understanding how developing areas of law apply to your specific situation.
If you or someone you love was injured while riding an e-bike or e-scooter and struck by a motor vehicle, do not assume that an insurance denial is the end of the road. Call Harrell Injury Law today for a free consultation. We are here to make sure someone is looking out for you.
If you are ready to speak with a lawyer about your injury claim, we are ready to listen. Contact us today for a free initial consultation.