David Klein: Autonomous Vehicles and Essential Insurance Measures

Insurance Recovery & Advisory partner David Klein said, “In vehicles that require driver oversight (which is nearly all nowadays), the driver will be liable if an accident is traceable to his or her inattention.”

Klein added: “We’ve seen instances where drivers using Tesla Autopilot blamed their cars for accidents, but courts rejected these claims because the facts showed they failed to intercede when required. But there will be instances when accidents are attributable, on a review of the facts, to the vehicle itself. As higher levels of autonomy come into use, the likelihood that this will be converted to a product liability issue will increase.”

While there is plenty of case history regarding automotive product liability, not much of it involves how vehicles behave under their own authority, according to Risk & Insurance.

“Insurers will have to think about how to deal with novel issues—like the role of cyber insurance in dealing with the risk of interference or hijacking of a vehicle, or whether to address as ‘accidents’ deliberate programming choices that, for example, prioritize the safety of pedestrians over that of vehicle occupants,” Klein concluded.

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