What Happens If a Self-Driving Car Crashes? Your Rights Under UK Law Explained

As self-driving vehicles move from science fiction to reality, the UK took proactive steps to protect the public through the Automated and Electric Vehicles Act 2018. This legislation clarifies who’s responsible when autonomous vehicles are involved in accidents, ensuring victims aren’t left in legal limbo.

Who’s Liable When a Self-Driving Car Crashes?

The law makes it remarkably straightforward: if you’re injured or your property is damaged by a self-driving car while it’s operating autonomously, the insurer of the automated vehicle is directly liable. This applies whether you’re a pedestrian, cyclist, passenger, or another driver.

If the vehicle isn’t insured (which is illegal except for some government vehicles), the owner becomes directly liable. This creates a clear path to compensation without victims having to prove complex technical failures or manufacturer defects.

What Damages Can You Claim?

The law covers:

• Death or personal injury
• Damage to property (except the automated vehicle itself)
• Damage to personal belongings not being transported commercially

However, there’s a cap on property damage claims, matching the limit set by the Road Traffic Act 1988 for conventional vehicles.

Real-World Example

Consider this scenario: You’re walking your dog when a self-driving car swerves unexpectedly onto the pavement, injuring you and damaging a nearby shop window. Under the Act, both you and the shop owner can claim directly from the car’s insurer without proving who or what caused the malfunction.

Important Exceptions

The insurer might not be liable if:

1. The accident was caused by unauthorised software modifications
2. The owner failed to install safety-critical software updates they knew about
3. The human driver negligently allowed the vehicle to drive itself when it wasn’t appropriate.

Time Limits

You have three years from the date of the accident (or from when you became aware of your injury) to make a claim. This extends to three years from the date of death if someone dies from their injuries.

Expert Commentary

Dr Sarah Thompson, a traffic law specialist, raises concerns about the legislation’s future-readiness: “While the Act provides good basic protection, it doesn’t fully address scenarios we might face with Level 5 autonomous vehicles [vehicles which are fully autonomous], particularly large commercial vehicles. For instance, what happens if an AI system makes a ‘trolley problem’ decision, choosing between two harmful outcomes? The law needs further refinement to handle these ethical edge cases.”

International Context

The UK’s approach contrasts with other jurisdictions. In the United States, liability varies by state, creating a more complex landscape for victims. Meanwhile, Germany requires autonomous vehicles to have a “black box” that records whether the human or computer was in control, providing additional evidence for liability claims.

Safety Statistics

Early data from the U.S. National Highway Traffic Safety Administration suggests that autonomous vehicles might be involved in fewer accidents per mile driven than human-operated vehicles. However, experts emphasize that more real-world data is needed for definitive conclusions.

Practical Tips If You’re Involved in an Accident

If you are involved in an accident:

1. Document everything: Take photos and gather witness details
2. Note whether the vehicle was in self-driving mode
3. Record the vehicle’s registration and insurance details
4. Seek medical attention even for minor injuries
5. Contact a solicitor experienced in autonomous vehicle claims

The Future

The Secretary of State maintains and updates a list of approved autonomous vehicles, ensuring only properly tested vehicles qualify under this legislation. As technology evolves, the law will likely need updating to address new scenarios and capabilities.

Consumer Confidence

The clarity of these liability rules helps build public confidence in autonomous vehicle technology. By ensuring straightforward access to compensation, the law removes one significant barrier to adoption while promoting responsible innovation in the sector.

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While this legislation represents a solid foundation for handling autonomous vehicle accidents, it’s worth monitoring how it adapts to technological advances. The government conducts regular reviews to assess the Act’s effectiveness and make necessary adjustments.

For peace of mind, anyone considering purchasing or riding in an autonomous vehicle should familiarise themselves with these protections and ensure proper insurance coverage is in place.