Exploring Legal Hurdles for Self-Driving Cars in Accident Cases

Person reading book in self-driving car.

As self-driving cars inch closer to reality, the auto industry faces a seismic shift in liability and insurance landscapes.

At a Glance

  • Autonomous vehicles are expected to significantly impact the auto insurance industry
  • Liability is likely to shift from drivers to automakers or software companies
  • New insurance coverage will be needed for risks like cybersecurity flaws and faulty GPS systems
  • Legal challenges arise due to the absence of a human driver in collision scenarios
  • Some autonomous vehicle manufacturers have pledged to take responsibility for collisions

The Road Ahead for Autonomous Vehicles

The automotive world stands on the brink of a revolution with the advent of self-driving cars. While these vehicles promise enhanced safety and efficiency, they also bring a host of complex legal and insurance challenges. Industry experts predict that fully autonomous vehicles are at least a decade away from mainstream use, but the rapid pace of innovation is already outpacing regulation.

Recent incidents involving companies like Tesla and Cruise have highlighted the urgent need for comprehensive liability regulations. As the technology evolves, traditional car insurance models will require significant adjustments to account for collisions involving autonomous vehicles (AVs).

Shifting Gears: From Driver to Manufacturer Liability

One of the most significant changes on the horizon is the shift in liability from human drivers to vehicle manufacturers and software companies. This transition introduces new complexities in determining fault and responsibility in the event of a collision.

“If a driverless car hits another vehicle or a pedestrian, determining who’s at fault gets complicated,” a MarketWatch report stated.

This shift in liability is not just theoretical. Some AV manufacturers, including Volvo, Tesla, Waymo, and Cruise, have already pledged to take responsibility for collisions involving their autonomous vehicles. However, the legal landscape remains complex, with potential for high-profile cases where companies may choose to defend their technologies to protect their image and reputation.

Insurance in the Age of Autonomy

The insurance industry is bracing for significant changes as AVs become more prevalent. While comprehensive and collision insurance may remain similar, liability coverage will need to be redefined. New policies are likely to emerge, covering risks associated with cybersecurity flaws, artificial intelligence errors, and GPS system malfunctions.

The rise of AVs may also lead to decreased car ownership rates and changes in state insurance regulations. As the technology matures, repair costs for these vehicles are expected to increase due to the complex components requiring specialized skills, potentially leading to a shortage of qualified mechanics.

Navigating Legal Roadblocks

The legal system faces unique challenges when dealing with AV-related collisions. The absence of a human driver complicates traditional processes for filing insurance claims and determining liability. Victims of AV accidents may need to pursue product liability lawsuits instead of personal injury claims, a process that is often more complex and costly.

“When you start to introduce the car making a mistake, you get into product liability rules,” QuantivRisk Chairman and founder Mike Nelson said. “People adjudicating who is at fault are going to have a hard time dealing with percentage responsibility the car manufacturer has versus the driver of the car.”

Moreover, communication at crash scenes involving AVs can be challenging for first responders. The lack of a human driver to interact with has led to situations where emergency personnel have had to resort to unconventional methods to communicate with the vehicle.

The Promise of Safety

Despite the legal and insurance hurdles, proponents of AVs argue that these vehicles have the potential to significantly reduce collisions. If this proves true, it could lead to a decrease in the need for legal proceedings related to auto accidents. However, until AVs become widespread and their safety record is firmly established, the legal and insurance industries must adapt to this new era of transportation.