Was the vehicle authorised
as self-driving?
Yes
No
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Either listed by Secretary of State for Transport under s. 1 of the Automated & Electric Vehicles Act [AEVA]
Or
Authorised by a new authorisation agency (i.e. Vehicle Certification Agency) if Law Commissions’ recommendations are implemented.
Instead, conventional road traffic legislation applies. Negligence of the driver must be established.
Yes
No
AEVA strict liability cannot apply
s. 1(1) not fulfilled.
Instead, conventional road traffic legislation applies. Negligence of the driver must be established.
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(a) of s. 2(1) not fulfilled.
Did the accident occur either on a road
or other public place?
(a) of s. 2(1) not fulfilled.
Instead, conventional road traffic legislation applies. Negligence of the driver must be established.
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Was the vehicle driving itself in an automated mode?
(b) of s. 2(1) not fulfilled.
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Was the vehicle insured?
Any claim would still be subject to reductions
for contributory negligence: s. 3(1)
AND rights of recovery against person(s) responsible: s. 5
The motor insurance policy must also cover liability to an insured person: para. 19 of Schedule 1 to AEVA.
AEVA strict liability applies
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Did the conduct of a user in charge [UiC] also contribute to the accident?
e.g. Did the UiC (a) decline to accept
a transition demand OR (b) intervene in the
dynamic driving task?
Any claim would still be subject to reductions
for contributory negligence: s. 3(1)
AND rights of recovery against person(s) responsible: s. 5
AEVA strict liability applies
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AEVA strict liability applies unless a claim
made by the insured involves:
Was the self-driving feature being used within its Operational Design Domain [ODD]?
Any claim would still be subject to reductions for contributory negligence: s. 3(1)
AND rights of recovery against person(s)
responsible including:
• ASDE where software up to date: s. 5
• Insured where tampering OR safety critical
update(s) installed: s. 4
AEVA strict liability applies
Was the software authorised and up to date?
Any claim would still be subject to reductions for
contributory negligence: s. 3(1)
AND rights of recovery against person(s) responsible including:
• ASDE where software up to date: s. 5
• Insured where tampering OR safety critical
update(s) installed: s. 4
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Automated Vehicles
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Introduction
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
s. 1(1) not fulfilled.
Instead, conventional road traffic legislation applies. Negligence of the driver must be established.
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Next question
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
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(a) of s. 2(1) not fulfilled.
Instead, conventional road traffic legislation applies. Negligence of the driver must be established.
AEVA strict liability cannot apply
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
AEVA strict liability cannot apply
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
Should you require any assistance or advice in relation to the motor insurance market, please do not hesitate to contact us
AEVA strict liability cannot apply
AEVA strict liability applies
AEVA strict liability cannot apply
AEVA strict liability applies
AEVA strict liability applies unless a claim
made by the insured involves:
AEVA strict liability cannot apply
AEVA strict liability applies unless a claim
made by the insured involves:
AEVA strict liability applies unless a claim
made by the insured involves:
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
AEVA strict liability cannot apply
AEVA strict liability cannot apply
AEVA strict liability applies
AEVA strict liability cannot apply
AEVA strict liability applies
Our unique triage aide provides insurers with the insight to determine whether claims should be handled under the automated driving legislation or conventional road traffic legislation.
This aide outlines the relevant questions claims handlers should consider upon first notification of loss and at subsequent stages of the claims handling process, as well as explaining the legal consequences.
On 26 January 2022, the Law Commission of England & Wales and the Scottish Law Commission published their final report on a joint, three-year, investigation into the measures necessary to reform laws to enable the safe use of automated vehicles on British roads.
Our unique triage aide provides insurers with the insight to determine whether claims should be handled under the automated driving legislation or conventional road traffic legislation.
This aide outlines the relevant questions claims handlers should consider upon first notification of loss and at subsequent stages of the claims handling process, as well as explaining the legal consequences.
Our unique triage aide provides insurers with the insight to determine whether claims should be handled under the automated driving legislation or conventional road traffic legislation.
This aide outlines the relevant questions claims handlers should consider upon first notification of loss and at subsequent stages of the claims handling process, as well as explaining the legal consequences.
not
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(a) of s. 2(1) not fulfilled.
(b) of s. 2(1) not fulfilled.
not
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Any claim would still be subject to reductions for contributory negligence: s. 3(1)
AND rights of recovery against person(s) responsible including:
• ASDE where software up to date: s. 5
• Insured where tampering OR safety critical
update(s) installed: s. 4
An accident wholly caused by the vehicle being allowed
to begin driving itself outside its ODD: s. 3(2)
OR
Tampering OR a failure to install safety critical update(s);
AND constructive knowledge;
AND policy excludes liability: s. 4
not
s. 1(1) not fulfilled.
not
Existing uninsured claim covered by agreements with the Motor Insurers' Bureau [MIB].
A new type of uninsured claim covered
by existing agreements with the MIB
not
An accident caused by the vehicle being allowed to b itself outside its ODD: s. (2)
OR
Tampering OR a failure to install safety critical update(s);
AND constructive knowledge
AND policy excludes liability: s. 4
wholly
begin driving
not
An accident caused by the vehicle being allowed to b itself outside its ODD: s. 3(2)
OR
Tampering OR a failure to install safety critical update(s);
AND constructive knowledge
AND policy excludes liability: s. 4
wholly
begin driving
Existing uninsured claim covered by agreements with the Motor Insurers'
Bureau [MIB].
not
A new type of unisured claim covered by existing agreements with the MIB.
not
An accident caused by the vehicle being allowed to
b itself outside its ODD: s. 3(2)
OR
Tampering OR a failure to install safety critical update(s);
AND constructive knowledge;
AND policy excludes liability: s. 4
wholly
begin driving
An accident caused by the vehicle being allowed to
b itself outside its ODD: s. 3(2)
OR
Tampering OR a failure to install safety critical update(s);
AND constructive knowledge;
AND policy excludes liability: s. 4
wholly
begin driving