In a unanimous opinion Tuesday, the New Jersey Supreme Court held that low-speed electric scooter riders do not fall within the definition of a “pedestrian” for purposes of the No-Fault Act, and, therefore, are not entitled to personal injury protection benefits under their auto policies in the event of an accident.

David Goyco, the plaintiff, was operating a Segway Ninebot KickScoot Max on Nov. 22, 2021, when he was struck by an automobile on West Grand Street in Elizabeth, New Jersey. He sustained injuries from the accident and incurred medical expenses. At the time, he was insured by Progressive Insurance Co. under a policy that included no-fault coverage. Goyco filed a claim for PIP benefits, but he was denied, according to the Appellate Division opinion filed in July.