Autonomous Vehicle Accidents Poised to Change the Face of Personal Injury Insurance, Litigation
by Michael A. Vercher, Partner
California has set the ground rules that will allow driverless testing of cars on public streets: http://sanfrancisco.cbslocal.com/2018/02/26/california-completely-driverless-car-testing/. Before now, driverless cars could be tested only with a human backup driver who can take over in the case of an emergency.
In the event of a crash, a company testing a driverless car must submit a “law enforcement interaction plan” under these new regulations. The “interaction plan” is basically a way for police to communicate with the owner to determine registration, proof of insurance, etc. As evidenced by the “interaction plan” when driverless cars hit public streets, the question becomes “when,” not “if,” one of these driverless cars gets into a wreck or causes personal injury. Indeed, an autonomous Uber vehicle in Phoenix (which did have a human backup driver who was not driving at the time) recently struck and killed a pedestrian in Tempe, Ariz.
In the inevitable case of a truly “driverless” vehicle accident, will the injured party assert a product liability claim against the manufacturer of the car? If it is owned by an individual, will that person’s automobile liability policy cover the claim? One thing is for certain: driverless cars will change the face of personal injury insurance and litigation in the very near future.