A Minnesota man, Mark Greenman, argued a Segway should be exempt from DWI laws on the grounds that it’s a “personal mobility device” and not a “motor vehicle.” It turns out that a district judge and an appeals court agree. In February 2012, a Minnesota Greenman was stopped by police and was charged with driving while impaired after an officer saw his Segway drifting twice across the center line in the road. Greenman’s blood alcohol level was 0.19, more than twice the legal limit. The judge eventually threw out the charges.
In 2010, another drunken Segway case against Greenman was appealed in court. It eventually made it to the Court of Appeals who ruled in favor of Greenman. “Had the Legislature intended to prohibit drivers from operating Segways while under the influence of alcohol, the Legislature could have included a specific provision proscribing that conduct, as it has done in so many other instances,” wrote Judge Margaret Chutich for herself and Judge Natalie Hudson.
What would happen if this happened in Kentucky?
If this had occurred in Kentucky, I feel that the courts would have found this to be a motor vehicle. The more interesting question for me is would there be insurance coverage if there was an injury accident involving a Segway? The answer would all depend on your policy. Medical bills would likely be paid under the PIP auto insurance policy of the car that caused the accident. As long as there is no exclusion, the driver of the Segway would have PIP coverage under their personal car insurance policy.
Additionally, the car insurance may have coverage under the Uninsured Motorist Coverage or the Underinsured Motorist Coverage. This would depend on what is excluded under the terms of that policy. All car insurance policies are not equal in this regard. The language would control your coverage.
As a Kentucky Accident Attorney, I have been able to get an individuals’ car insurance to cover an accident on a moped. I think this situation would be the same. If this did occur in Kentucky, I would suggest that you contact a personal injury attorney that concentrates in car accident cases. They will be able to guide you through your case.