E-Bike Collision Sparks Sydney Driver’s Dilemma: What Happens Next?

A Sydney motorist encountered a frustrating situation when their vehicle was damaged by an abandoned e-bike leaning against it.

Earlier this month, the individual had parked their car along a street in the city’s inner west, only to return and discover scratches marring the vehicle’s paintwork.

Seeking accountability, the driver reached out to the e-bike company Lime with a formal complaint, only to receive a response attributing the damage to “actions by third parties or environmental factors.”

Disappointed, the driver took to social media to share their experience, including a screenshot of Lime’s reply.

The email from the company expressed regret over the incident, stating, “We’re truly sorry to hear about this unfortunate situation.”

“After carefully reviewing the details, it appears that no action by Lime contributed to this incident.

“Instead, this incident resulted from actions by third parties or environmental factors.”

The company recommended the driver reach out to their insurance provider to explore potential options under their policy.

Nine.com.au has contacted Lime for comment.

The driver shared their frustration after they received the response.

“Today I learned Lime won’t take any responsibility if a badly parked Lime bike damages your car,” the driver said.

“Why are they allowed to park blocking footpaths again?”

As e-bikes continue to grow in popularity, what can you actually do if an e-bike damages your car?

Who is responsible if an e-bike damages your car?

University of Technology Sydney legal academic Julian Dight said the relationship between an e-bike company and the hirer of an e-bike is known as a “bailor and bailee relationship” or a “bailment for reward”.

This means there is a temporary transfer of possession of goods from one party to another for payment.

“The hirer pays a fee to hire the e-bike,” Dight said.

“On its face one could argue that the hirer of the e-bike was negligent in allowing the e-bike they hired to fall onto the vehicle causing the plaintiff’s vehicle damage.

“Even though Lime Pty Ltd was the owner of the e-bike, they were not responsible for such damage unless the plaintiff or the hirer of the e-bike could show that the e-bike was not fit for purpose or was faulty in some way causing damage to the vehicle.  

“The last person to hire the e-bike is responsible for putting the bike back in its place in the allotted spot in an orderly fashion. 

“If anything, the previous hirer is liable for the damage to the car, not Lime.”

However there are other factors that can lead to damage.

“A gusterly could have also pushed the bike onto the car causing damage,” Dight said.

What are your options if your car is damaged?

If your car is damaged due to an e-bike, Dight said the first step is to contact your insurer.

“No current law would provide a remedy to this car owner,” he said.

Insurance companies can offer advice on the next steps for motorists to take.

What should e-bike riders do at the end of a ride?

Each bike sharing company has their own rules for its users.

The bikes must be upright and with the kickstand down.

The bikes should not block pedestrian pathways, building entrances or driveways.

Riders must also take care to park according to the city rules.

A City of Sydney spokesperson said the council had no direct power over the provision, regulation or management of share bike schemes.

“They do not require permission to operate,” the spokesperson said.

“Only NSW Police can act against people riding unsafely.”

Councils will be given the power to decide where e-bikes are docked as well as determine no-go zones and go-slow zones.

Failure to clean up dumped bikes could see operators fined up to $55,000 and another $5500 each day the offence continues.

The City of Sydney spokesperson said council welcomed the NSW government’s development of the new laws.

“We look forward to engaging with them to find a regulatory framework that works for all councils and their communities, share bike companies and the people who use them,” the spokesperson said.

“Share bike operators tell us that they expect their customers to park bikes responsibly in the public domain and require end-of-trip photos to confirm compliance.

“We continue to encourage our community to raise their concerns about share bikes with the companies directly.”

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