Coverage: Liability does not disappear when the driver does

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Removing human error will not remove difficult liability questions; it will change them. An accident could involve the vehicle owner, insurer, automated driving system, manufacturer, software provider, component supplier or infrastructure provider.

The UK's developing framework seeks to ensure an injured person does not have to untangle that ecosystem before receiving compensation. But if an insurer pays first, against whom, if anyone, should it subsequently seek recovery?

A single automated vehicle can give rise to risks spanning multiple areas of liability - not only motor, but also product, public and cyber. As those boundaries overlap, fitting AV risks into insurance products originally designed around human drivers may become increasingly difficult.

“I'm a big believer that we need brand new wording for this brand new disruptive technology.”

 

Chris Moore, Chief Underwriting Officer, Apollo ibott

 

“It mandates the insurer to pay out in the first instance and then the burden is on the insurer to do the exercise of suing the manufacturer or suing anyone else who might need to be sued.”


Lucy McCormick, Barrister, Hendersons Chambers

WATCH: Policy wordings, liability and coverage

Jonathan Hopkins, Partner, DAC Beachcroft, Lucy McCormick, Barrister at Henderson Chambers and Chris Moore, Chief Underwriting Officer at Apollo ibott, explore motor and product liability, subrogation and what AV deployment could mean for the future structure and pricing of insurance.

Key Contributors

Jonathan Hopkins

Senior Associate

DAC Beachcroft

Chris Moore

Chief Underwriting Officer

Apollo ibott

Lucy McCormick

Barrister

Henderson Chambers

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