Accidents involving e-scooters raise a question many students ask: who pays when damage occurs, and does the injured person have to prove that the rider was at fault? The Bundestag passed the e-scooter liability act unchanged on 9 July 2026. A specialist article (NWB Experten-Blog, 25 May 2026, secondary source) describes the content of the reform. The ADAC gives 1 October 2026 as the date it enters into force. This guide explains what applied so far, what the law provides and what you should check now.
Short answer: Under the liability act passed unchanged by the Bundestag on 9 July 2026, the rules on keeper liability under the German Road Traffic Act (Straßenverkehrsgesetz) apply to e-scooters. The keeper is liable without proof of fault, and the rider’s fault is presumed. The ADAC gives 1 October 2026 as the date of entry into force, and publication in the Federal Law Gazette (Bundesgesetzblatt) is not verified here. Last updated: November 2026.
What matters most
- Until now, e-scooters were exempt from keeper liability under the Road Traffic Act, because they count as slow vehicles.
- Under the act, the strict keeper liability under section 7 (1) of the Road Traffic Act (StVG) applies to electric micro vehicles.
- The rider is liable with presumed fault under section 18 (1) StVG and can rebut that presumption.
- The injured party can claim directly against the liability insurer where insurance is compulsory.
- The Bundestag passed the act on 9 July 2026 (printed papers 21/5871 and 21/6984). The ADAC gives 1 October 2026 as the entry-into-force date, and the Federal Law Gazette is authoritative.
How was the legal position until now?
So far, e-scooters enjoyed an exception. The Road Traffic Act excludes slow vehicles from keeper liability, and e-scooters fell under this rule. Anyone injured therefore had to rely on general tort law. Under sections 823 et seq. of the Civil Code (BGB), the injured party generally had to prove that the rider was at fault.
In practice, this is difficult. An accident on a cycle path or at a driveway often cannot be clarified with certainty. Those affected without witnesses are left with their damage, even when the course of events is unclear. This is exactly where the reform comes in.
What the new law provides
According to a specialist article (NWB Experten-Blog, 25 May 2026, secondary source), the reform has two levels. On the one hand, the keeper is liable without proof of fault. On the other hand, the rider’s fault is presumed. The table below sets both levels against the current situation.
| Question | Legal position until now | After the act passed by the Bundestag |
|---|---|---|
| Liability of the keeper | Only under general tort law, fault must be proven | Strict keeper liability under section 7 (1) StVG |
| Liability of the rider | The injured party must prove fault | Fault is presumed (section 18 (1) StVG), the rider can rebut it |
| Direct claim against the insurer | No keeper liability, so no claim based on it | Possible under section 115 (1) sentence 1 no. 1 of the Insurance Contract Act (VVG), where insurance is compulsory |
This overview does not replace the legal text. Anyone who wants to know the exact wording should read the statute in the Federal Law Gazette.
What does keeper liability mean in daily life?
The keeper is the person who uses the vehicle for their own account and has control over it. For a private e-scooter, this is usually the person who bought the scooter and uses it. Keeper liability means that the injured party does not have to prove that someone made a mistake. It is enough that the damage was caused by operating the vehicle.
For students, this has two practical consequences. First, liability insurance that covers damage is worthwhile. Second, with rental or sharing offers you should check carefully who counts as the keeper. We have written a separate article on this, which you will find below.
Example: an accident outside the lecture hall
Assumption: you ride your e-scooter along a main road and collide with a pedestrian, who is injured. The pedestrian cannot clearly show who caused the collision. Under the current law, they would have to prove fault. Under the act passed by the Bundestag, the situation is different: the keeper is liable without proof of fault, and the rider’s fault is presumed until the rider proves otherwise.
It is important to note that the rule concerns compensation for the injured party. Whether you as the rider also face criminal or fine proceedings depends on other provisions and on the specific incident.
What you should do now
Even before the law takes effect, it is worth looking at your insurance cover. Liability insurance for the scooter is the most important point. Without insurance cover, you bear any possible damage yourself, regardless of how the liability question is decided in the end.
Frequently asked questions
Does the new liability already apply today?
The Bundestag passed the act on 9 July 2026, and the ADAC gives 1 October 2026 as the entry-into-force date. A rule only takes effect once it is promulgated in the Federal Law Gazette, which is not verified here. Check the official wording before you rely on a cut-off date.
Is the rider liable if I only borrowed the scooter?
With rental or sharing, the answer depends on who counts as the keeper and which contract applies. The provider usually remains responsible for the vehicle, the rider for their own driving. The details are set out in the provider’s terms of use.
Do I still have to report an accident myself?
Yes, within your obligations. Speak to your insurer as soon as something happens, and document the place, witnesses and damage. We describe the process in a separate article.
What if the other side disputes responsibility?
Then the evidence decides in a dispute. With the presumption for the rider, the burden of proof shifts, but it is not absolute. The rider can prove the opposite, for example with witnesses or traces of the accident.
Does this also apply to electric mopeds?
This article covers electric micro vehicles, that is e-scooters. Other vehicles follow their own rules and forms of insurance. Check the specific contract and the classification in the official documents for other vehicles.
So what do you do now
- Check whether your scooter has valid liability insurance with an insurance plate.
- Read the terms of your contract and ask whether the cover also applies to third parties who ride the scooter.
- Check the wording and the entry into force in the Federal Law Gazette instead of relying on press reports.
- For rental or sharing, note the provider and the terms before you ride.
Related reading
- Günstig unterwegs im Studium: Tickets, Roller und Führerschein im Überblick
- E-Scooter-Haftpflicht: Was nach einem Unfall zu tun ist (in German)
- E-Scooter-Sharing: Wer haftet, wenn etwas passiert? (in German)
- E-Scooter ohne Versicherung: Welche Folgen drohen
- E-Scooter-Versicherungskennzeichen: Was 2026 und 2027 gilt
Sources: Road Traffic Act (StVG), section 7 (German original, gesetze-im-internet.de); Insurance Contract Act (VVG), section 115 (German original, gesetze-im-internet.de); Specialist article on the liability reform, 25.05.2026 (secondary source, German); German Bundestag, resolution on the liability act for electric micro vehicles of 9 July 2026 (German, retrieved 02.11.2026); ADAC, e-scooter rules (German, retrieved November 2026)
Last updated: November 2026. This guide is general information, not individual advice.
