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ARTICLE · 06 JUNE 2024

Pedestrian, Property Damage (COVID-19) Coverage Update

Plunkett & Cooney
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The New Jersey Supreme Court held that an individual riding a motorized scooter is not a pedestrian within the meaning of New Jersey's No-Fault Act...

United StatesLitigation, Mediation & Arbitration
Amy L. Diviney
Amy L. Diviney

Goyco v. Progressive Ins. Co.
No. 088497, 2024 WL 2140293 (N.J. May 14, 2024)

The New Jersey Supreme Court held that an individual riding a motorized scooter is not a pedestrian within the meaning of New Jersey's No-Fault Act and, therefore, was not entitled to Personal Injury Protection (PIP) benefits after being injured while operating a Low-Speed Electric Scooter (LSES).

This matter arose when the plaintiff, David Goyco (Goyco), was struck by a motor vehicle on Nov. 22, 2021 while operating an LSES. New Jersey law defines an LSES as follows:

“Low-speed electric scooter” means a scooter with a floorboard that can be stood upon by the operator, with handlebars, and an electric motor that is capable of propelling the device with or without human propulsion at a maximum speed of less than 19 miles per hour. [N.J.S.A. 39:1-1]

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