The Court of Justice of the European Union, seized following a Belgian court decision, recently ruled on the question of insurance for users traveling on a electric bike. For her, the latter does not have to be obligatory. But why ?
On October 12, 2023, the Court of Justice of the European Union (CJEU) delivered a very important judgment, arising from a Belgian case involving a cyclist who died while riding an electrically assisted bicycle (EAB). Hit by a car, the victim was seriously injured, losing his life a few months later. The CJEU, following the accident, declared that e-bikes do not require insurance of self-propelled vehicles, because they are not exclusively operated by mechanical force.
This is a decision which creates debate regarding compensation for victims of accidents involving these machines, opening the way to potential changes in European legislation on the circulation of electric vehicles.
Electrically assisted bicycles are not motorized land vehicles
Following the fatal accident involving a Belgian cyclist on an e-bike, a legal dispute emerged over the qualification of the machine. What are we talking about when we talk about an “electrically assisted bicycle?” » The judges debated whether it should be considered a land motor vehicle (MTV), or whether the victim could claim compensation as a weak road user. The e-bike in question, equipped with an electric motor, provided pedaling assistance and could accelerate without pedaling up to 20 km/h, but only after using muscular force.
The CJEU highlighted the absence of indication in the texts to determine whether mechanical force must be exclusive in the actuation of a vehicle. She nevertheless noted that Directive 2009/103/EC on civil liability insurance for motor vehicles, which the Belgian judges initially mentioned, referred to “motor insurance”, traditionally linked to vehicles but exclusively by mechanical force.
The European court therefore recalled the objective of the directive, which aims to protect victims of traffic accidents caused by motor vehicles, maintaining that this did not require VAEs to be qualified as “vehicles”. within the meaning of the directive.
Insurance that is not compulsory, but then what to do?
This decision is in fact consistent with French law which, many people are unaware of it, exempts e-bike drivers from the insurance obligation if the power of the machine does not exceed 250 watts, and if the assistance does not exceed 25 km/h.
In the event of an accident, which we don’t wish on anyone, the cyclist must then refer to their comprehensive home insurance contract for civil liability. If you do not benefit from this coverage, the preventive message is essential: independent civil liability insurance is more than recommended for your financial protection, if you are the driver of an electric bicycle.
The CJEU confirmed the exclusion of VAEs from the regime of the Badinter law of 1985, reserved for machines capable of causing significant damage. This decision underlines in any case the fundamental difference between VAEs and traditional motor vehicles, confirming that VAEs do not fall under the extended civil liability regime provided for by the famous Badinter law. By bike, car or otherwise, be careful.
Source : Curia.Europa
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