Autonomous Driving

After decades of discussing fully autonomous driving, the realisation of the most revolutionary innovation since the invention of the automobile in 1886 is close to breakthrough. This will not only affect drivers, but also automobile manufacturers and especially the insurance industry.
 
In future, the main focus in road traffic will shift from human to technical errors. An interdisciplinary approach is required that takes into account the creation of synergies between motor vehicle liability, product liability and coverage. Therefore, it will not be sufficient to adjust only one parameter, e.g. in the German Road Traffic Act (StVG). The insurance industry needs a comprehensive and interdisciplinary approach to bring in line motor vehicle liability with the technological innovations and corresponding modifications of insurance products.

Whether it is about

• the consequences of automated driving on the liability of car owners and motor vehicle liability insurers;
• the relationship between liability of the driver or liability of the keeper of the motor vehicle and liability of manufacturers of driving assistance systems;
• recourse possibilities of motor vehicle liability insurers; or
• questions of product design and development, especially on adapted product liability insurances; 

all these questions are subject of ongoing discussions of the German and European legislators. At the same time, these issues are connected with considerable financial risks for the manufacturers of driving assistance systems and their insurers. They may also affect the handling of the high volume business "traffic accident". Generally the question needs to be answered who is actually acting and who is responsible for the activities of systems that are networked among each other – thus, who is liable. Since this technological development will always be in progress, the legal implementations will continuously change and it will take some time before useful guidance will be established by case law.

As reliable partner of the insurance industry, BLD has been intensively working on many aspects of autonomous driving from the beginning, thereby not only building up its own legal and technical expertise but also establishing numerous contacts with specialised experts, fraud experts, PR-consultants and other service providers.

Since automated and autonomous driving affects different liability regimes and insurance sectors, we always set up interdisciplinary teams when it comes to product development or claims handling. Our law firm has well-experienced experts who have already dealt intensively with noumerous questions that arise in connection with these radical developments in relation to road traffic. Our interdisciplinary approach guarantees solutions for future problems that are to be expected at the overlap of motor vehicle liability and product liability.
In this context, our specialists from the Motor department work together with our experts for product liability, who can draw on the extensive knowledge of the Personal Injury Centre of our law firm.
 
Since German cars are sold worldwide, we also advise on international impacts by using our international alliance Legalign Global, of which we are a founding member.