More and more people are using an electric bicycle. The Netherlands is a cycling country to begin with, and the electric bicycle has made it even easier to take part in traffic on two wheels. Unfortunately, this also results in more traffic accidents. In 2016, electric bicycles accounted for 19% of traffic accidents. By 2020, this had almost doubled to 36%. Not only are there more accidents involving electric bicycles, but sadly there are also more fatal accidents. Riders of an electric bicycle often underestimate the speed of these bikes and are rarely well informed about the liability rules that apply. Fortunately, it is possible to take out bicycle insurance, which still gives you good protection against the main risks. This page describes the situation in the Netherlands.
Types of electric bicycles
The rules that apply to electric bicycles depend on the type of electric bicycle. This also affects your bicycle insurance. Broadly speaking, a distinction can be made between four types of electric bicycles:
- E-bike that reaches a speed of up to 25 km/h
- (High speed) e-bike that reaches a speed of more than 25 km/h
- Pedelec with pedal assistance that reaches a speed of up to 25 km/h
- Speed pedelec with pedal assistance that reaches a speed of up to 45 km/h
The speed, and whether or not the bike can move under its own power, are therefore the distinguishing factors. A very important distinction is the difference between the e-bike and the (speed) pedelec. In practice, (speed) pedelecs are often sold under the name e-bike. That is very confusing for consumers. The difference between an e-bike and a pedelec has to do with the assistance: a pedelec only offers pedal assistance, while the e-bike is fully electric. On an e-bike, pedalling is possible but not necessarily required.
E-bike or speed pedelec
An e-bike is an electric bicycle that is fully electric and on which you do not need to pedal. A speed pedelec is an electric bicycle that only offers pedal assistance and can reach speeds of up to 45 km/h. The distinction between the two affects, among other things, the question of liability and the obligation to wear a helmet. This is because a speed pedelec is treated as a moped, and not as a racing bike, as people sometimes think. Racing bikes are subject to the same rules that apply to ordinary bicycles (and some e-bikes).
All the differences between e-bikes and speed pedelecsThe different types of insurance for your electric bicycle
Just like a moped and a car, you can insure an electric bicycle. You can insure your liability, but you can also, for example, insure your bike against theft. There is also breakdown insurance, which gives you assistance if you run into problems during a bike ride. Which bicycle insurance you need depends, among other things, on the type of bike.
All information about bicycle insuranceElectric bicycle or e-bike
With a classic e-bike, there is no need to take out additional liability insurance. The standard personal liability insurance (AVP) already offers sufficiently broad cover. Still, there are a number of other types of cover that can be useful if you own an e-bike. Theft cover, for example, is advisable, because e-bikes are stolen remarkably often.
- Personal liability insurance (AVP) (liability cover)
- Theft insurance
- Breakdown assistance
Some insurers offer continuous bicycle insurance and some insurers offer short-term bicycle insurance. Bear in mind that the area of cover is often limited, especially for breakdown assistance. You also do not always receive compensation for a replacement bike. In other words, it is advisable to read the policy conditions carefully and to compare bicycle insurance.
High speed e-bike or speed pedelec
For a speed pedelec, personal liability insurance (AVP) will not be enough. In that case, you need third-party liability insurance (WA). Whereas personal liability insurance (AVP) is advisable for an e-bike, third-party liability insurance (WA) is compulsory for a speed pedelec. For a speed pedelec, too, it is a good idea to arrange theft insurance and breakdown insurance. Other types of cover, such as cover for legal assistance, can certainly be useful as well.
The electric bicycle and liability
In a traffic accident, the question of who is at fault plays an important role. Special rules do apply to cyclists, pedestrians and minors. In some cases, the rules for cyclists can also be applied to accidents involving an electric bicycle, but that is not always the case.
Motor Insurance Liability Act (WAM)
In principle, the electric bicycle falls under the definition of a motor vehicle as set out in Article 1 of the Motor Insurance Liability Act (WAM). For this, it is sufficient that a working motor propels the bike. In theory, all electric bicycles should therefore have WAM insurance. Since 2006, however, WAM insurance has no longer been compulsory for bicycles with pedal assistance. In other cases, WAM insurance is still compulsory.
More information about WAM insurancePersonal liability insurance (AVP) and the electric bicycle
Personal liability insurance (AVP) also covers liability for damage you cause as a cyclist. The principle is that liability for motor vehicles is not covered by personal liability insurance (AVP). In theory, this could cause problems for electric bicycles. To prevent this, insurers have included in their policy conditions that personal liability insurance (AVP) applies not only to classic bicycles, but also to electric bicycles with pedal assistance. Personal liability insurance does not apply to other electric bicycles. For those, separate insurance is needed.
More information about personal liability insurance (AVP)Electric bicycle as a vulnerable road user
Pedelecs with pedal assistance up to 25 km/h are treated as an ordinary bicycle. This means that the same liability rules apply as for ordinary bicycles. As a result, the rider of the electric bicycle is regarded as a vulnerable road user. For an electric bicycle to be regarded as a vulnerable road user, all of the conditions below must be met.
- The electric bicycle only has pedal assistance and cannot move under its own power
- From 25 km/h, it is no longer possible to use pedal assistance
- The electric motor has a power output of no more than 250 W
Liability and the electric bicycle as a vulnerable road user
When the electric bicycle can be regarded as a vulnerable road user, this affects the liability rules. The cyclist is then given extra protection. This extra protection only applies to accidents with a motor vehicle, not to accidents with another vulnerable road user.
Collision between the electric bicycle and another vulnerable road user
If you, riding an electric bicycle as a vulnerable road user, collide with another bicycle, electric bicycle (vulnerable road user) or pedestrian, it must be established who is liable. If only the other road user is at fault, you receive full compensation. However, you may also be at fault yourself, in which case you have to pay compensation. Or there may be shared fault.
An example of this is a case involving a collision between the rider of an electric bicycle and a pedestrian. The pedestrian had parked her car in a parking bay next to the road and got out. She noticed that she had left her mobile phone in the car and walked back. After picking it up, she wanted to get back quickly to her friends, who were waiting for her. She then crossed the cycle path without paying attention and was hit by the electric bicycle. The police report shows that the road surface was dry, but that it was dark. The pedestrian should actually have given way to the cyclist. The pedestrian is therefore at fault.
Read the full judgment on Rechtspraak.nl (ECLI:NL:RBOVE:2021:4401)Collision between the electric bicycle and a motor vehicle
If the electric bicycle, as a vulnerable road user, collides with a motor vehicle (stronger road user), the driver of the motor vehicle must always pay full compensation if he is at fault. If both parties are at fault, or if only the rider of the electric bicycle is at fault, the rider always receives compensation of at least 50% of the damage.
Liability in bicycle accidentsElectric bicycle as a stronger road user
When an electric bicycle cannot be regarded as a vulnerable road user, it is a stronger road user. This means that the same rules apply as for light mopeds (snorfiets) or mopeds. In practice, these are bikes on which you do not need to pedal, that have an electric motor of more than 250 W and/or that can reach a speed of 45 km/h. According to the Dutch central government (Rijksoverheid), a speed pedelec has a motor of a maximum of 4,000 W; that is also the limit for an electric moped (4 kW, article 1(1)(e) of the Road Traffic Act 1994 (Wegenverkeerswet 1994)).
Liability and the high speed e-bike or speed pedelec as a stronger road user
If an electric bicycle can be regarded as a stronger road user, the liability rules for its rider are less favourable. The rider is then considered less deserving of protection than, for example, a pedestrian. The rider of the electric bicycle is treated just like all other stronger road users.
Accident with a vulnerable road user
The electric bicycle is regarded as the stronger road user. In an accident with a vulnerable road user, this means that the rider of the electric bicycle must in principle always compensate at least 50% of the damage. In some cases this rises to as much as 100%, namely in an accident with a young vulnerable road user. This also applies if the vulnerable road user is at fault.
Hit as a pedestrian and liabilityAccident with a stronger road user
In an accident with other stronger road users, the standard rules of liability law apply. This means that it must be established to what extent each party is at fault, and that this division of fault forms the basis for the obligation to pay compensation. If, for example, the accident was caused entirely by another stronger road user, such as a car or a lorry, the rider of the electric bicycle receives full compensation. This is comparable to liability in scooter accidents.
Liability in scooter accidentsExceptions to liability for electric bicycles
If the rider of an electric bicycle is at fault as a vulnerable road user, he normally always receives compensation of at least 50% of the damage. Sometimes an exception is made, namely if the driver of the motor vehicle can prove force majeure, or can prove that there was intent or recklessness bordering on intent. In practice, the conditions for this exception are not easily met.
Frequently asked questions about insuring your electric bicycle and liability law
In liability law, the electric bicycle is an odd one out. The fact that there are different types of electric bicycles, each with different rules, does not make it any easier. It is easy to understand that people sometimes still have questions about this. The FAQ below about liability and the electric bicycle provides the answers.
What is the difference between an e-bike and a speed pedelec?
An e-bike is an electric bicycle that is mainly intended for short distances and for recreational use. When using a classic e-bike (with speeds of up to 25 km/h), a helmet and a rear-view mirror are not compulsory. A speed pedelec is more powerful than an e-bike. It reaches top speeds of up to 45 km/h, has a more powerful motor and is generally also more expensive. On a speed pedelec, a helmet and a rear-view mirror are compulsory. In addition, a speed pedelec may not be used on ordinary cycle paths.
Am I regarded as a stronger road user on my e-bike or speed pedelec?
An e-bike is regarded as a vulnerable road user if it only has pedal assistance (pedalling is required), the pedal assistance only works up to 25 km/h and the power output of the motor is no more than 250 W. Otherwise, it is a stronger road user. A speed pedelec is always a stronger road user.
Which category does the electric bicycle fall into?
That depends on the characteristics of the electric bicycle. Some electric bicycles fall into the category of vulnerable road users. In that case, the power output of the motor may not exceed 250 W. The bike may also only offer pedal assistance, and this assistance must be limited to 25 km/h. Other electric bicycles fall into the category of stronger road users.
How does liability work in an accident with an electric bicycle?
This depends on whether the electric bicycle is regarded as a stronger road user or as a vulnerable road user. The status of the other party also plays a role. In an accident between two vulnerable road users or two stronger road users, standard liability law applies. In that case, the question of fault is decisive. In an accident between a vulnerable road user and a stronger road user, the vulnerable road user is protected by Article 185 of the Road Traffic Act 1994 (Wegenverkeerswet 1994, WVW). This means that the stronger road user must in principle compensate at least 50%, and sometimes even 100%, of the vulnerable road user's damage. There are exceptions to this rule.
Is the speed pedelec a motor vehicle?
Yes, a speed pedelec meets the definition set out in Article 1(1)(c) of the WVW (Road Traffic Act 1994) and is, in other words, a motor vehicle. Among other things, this affects which liability rules apply.
Do I need third-party liability insurance (WA) if I have an e-bike or speed pedelec?
Merely owning an e-bike or a speed pedelec does not in any case create an obligation to insure. This obligation only applies when the vehicle is brought into traffic, for example by being placed on the public road. An obligation to have third-party liability insurance (WA) then only applies if the electric bicycle is a motor vehicle. In all other cases, there is no obligation to have third-party liability insurance.