The Insurer´s Paradox: About Liability, the Need for Accident Data, and Legal Hurdles for Automated Driving

In light of recent incidents, it has become increasingly relevant to determine who is responsible in case of accidents involving automated vehicles. In this paper, we investigate the question of liability in automated vehicles of SAE levels 3 and above. We claim that there is a mismatch between current liability practices, where a designated driver is usually held responsible, and future perspectives, where the human assumes more and more a passive passenger-like role. Our claims are supported by the results from an interview study with insurance companies from two European countries.We show that insurers lack sufficient data to make informed decisions on how to apportion liability in SAE level 3+ scenarios. We discuss how these considerations have to be reflected in interfaces for the driver in order to make the legal status transparent for the driver.