Thursday, March 21, 2013

The Driverless Car And Auto Liability Insurance – One Problem Solved, A New One Created


Make no mistake, the technology for a future in which cars drive themselves is heading our way at breakneck speed.  Some say the technology is decades off while others think we will begin to see these cars on the road as early as the year 2020.  This new technology promises some great benefits to our society such as fewer traffic jams, fewer accidents, lower auto insurance rates as well as better fuel economy for cars on the road.  But before we can get to this point, whether or not we have developed the technology itself, our society will have to solve some very sticky legal liability issues.

Some experts believe that we will solve all the technological problems of driverless cars and still not be able to put them on the roads because our legal system will lag behind in preparing for the world where cars drive themselves.    Or that the development of this technology will grind to a halt because of the lack of clarity about liability issues.  This is because when you remove the driver from the equation regarding the cause of an accident, you open the door to so many different parties that the uncertain liability exposure could stop the very driverless industry in its tracks.  Who should get the blame for an accident between driverless cars?  The technology designer, the parts manufacturer, the highway system, the auto manufacturer or the car owner or is there someone else who should shoulder this blame?

Right now there are about a half dozen different state legislatures that are working through these difficult issues independently.  Arizona has considered and debated some of the issues regarding driverless car liability but at this time has put no laws on the books.  Last year, California passed a law that directed its State Department of Motor Vehicles to come up with rules by 2015.  Florida passed a similar law giving its DMV until 2014 to come up with rules.

Nevada is the state that so far has gone the farthest toward some type of solution.  They recently developed a 22 page section of rules that govern driverless vehicles.  This set of rules licensed Google, Audi, and auto parts maker Continental AG to test their driverless vehicles on public roads.   These vehicles must first go through 10,000 hours of testing on closed tracks and the tester has to put up a $1 million bond to cover any potential liability.  After that they may qualify for some testing on public roads.

One of the problems with trying to make rules about liability is that we are facing a bit of a chicken and egg situation here.  Since we don’t have many of these vehicles on the road at this time we just don’t understand all of the issues that will arise.  It is hard to anticipate all of the potential problems that might occur when the technology itself isn’t even fully developed yet.   But the heavy hand of the auto manufacturers is already deeply engaged in the process.  Their fear is that if they are stuck with all liabilities from any and all accidents, then the driverless car revolution will never happen.  The Alliance of Automobile Manufacturers was able to work in a provision in the Florida bill which exempts the auto manufacturer from liability if injuries result from a modification of a self-driving vehicle.  They tried for the same amendment to the California bill but were unsuccessful.

In truth, there is great risk in having our many different states independently trying to develop a patchwork of different laws.  In the end, one overreaching federal law will probably better serve us so that manufacturers and driverless car owners as well as insurance companies can all know that they are working with the same sets of rules in every state.  At this time the federal government has been quiet on this topic but with the states activity here beginning to heat up, it is probably only a matter of time before this becomes a national issue that the federal government will have to address.

At Clinard Insurance Group, we feel that eventually driverless will mean lower car insurance rates for most all consumers.  Whether or not you will miss the silly car insurance ads on TV is up to you but they will be gone.  In the meantime though, car insurance as well as home insurance and life insurance are big budget items for many households.  We can help you reduce what you pay while still getting the coverage that you want.  Our ability to go out and shop the marketplace for the best rates for your particular situation is one of the big benefits that you get when you deal with Clinard Insurance Group.  We insure thousands of families all across North Carolina, South Carolina, Georgia and Tennessee.  Give us a call, toll free at 877-687-7557 and let us put our experience and know how to work for you today.