Step-by-step checklist
Identify
Hands off until the expert arrives. Nothing at the scene gets touched, moved, repaired, or thrown out until the origin and cause investigator has secured it. Evidence that's moved early can sink the whole recovery.
Notify
Investigate
Demand, negotiate, and settle
1. Identify
Who may be responsible
| What happened | Who may be responsible |
|---|---|
| A rider hit your insured's parked car or property | The rider, and their homeowners or renters liability coverage |
| A rider on a bike-share or scooter-share bike | The rider, and possibly the share company, depending on its terms |
| A driver hit your insured's bike | The driver and their auto carrier |
| A delivery rider on the job | The rider's employer or the delivery app, depending on the arrangement |
| The bike failed after a repair | The bike shop |
| A frame, fork, brake, or wheel failed | The manufacturer. Check CPSC recalls. |
| A pothole or road defect | A city or state road agency. Watch for short notice deadlines. |
Where coverage comes from: A rider's homeowners or renters policy often covers liability for damage they cause on a regular bicycle. Many homeowners policies exclude motorized vehicles, so e-bikes can fall into a gap. Check the rider's policy and the state's e-bike law.
E-bike classes: Many states use three classes. Class 1 is pedal-assist up to 20 mph, Class 2 has a throttle up to 20 mph, and Class 3 is pedal-assist up to 28 mph. A faster or modified e-bike may count as a motor vehicle, which can change who's responsible and what coverage applies.
2. Notify and investigate
Evidence checklist
3. Demand, negotiate, and settle
Liability theories: negligent riding or driving, negligent repair, product defect, and road defect.
Defenses to expect
| Defense | How to answer it |
|---|---|
| The rider has no insurance | Check their homeowners or renters policy, the employer, or the delivery app. |
| The homeowners policy excludes e-bikes | Check the exact exclusion and the state's e-bike definition. |
| The rider was partly at fault | Comparative fault rules decide how much is recoverable. |
4. Letters for this loss
| Step | Letter |
|---|---|
| Identify | Subrogation Opening Letter to Insured |
| Notify | Notice of Subrogation Interest and Insurance Request, to Adverse Carrier |
| Demand | Subrogation Demand to Adverse Carrier |
| Negotiate | Second Demand with Escalation Notice |
| Settle | Release Review Checklist, Deductible Reimbursement |
Related guides: Electrical and Product Fires (e-bike batteries), and Vehicle into Structure.