Automated Driving: Who Is Liable When Software Is In Control?

Automated vehicles are revolutionizing our mobility, presenting insurers and vehicle manufacturers with a pivotal question: Who will be held liable in the event of a claim?

Vehicle Keeper and their Liability Insurance

Under current law, the keeper of an automated vehicle remains the central liable party. Their liability stems from Art. 58 of the Road Traffic Act (RTA). According to this provision, the vehicle keeper is strictly liable for personal injury and property damage caused by the operation of the motor vehicle.

Pursuant to the RTA, there is a compulsory insurance requirement for motor vehicles used in public traffic (Art. 63 para. 1 RTA). An injured third party (e.g., a road traffic victim) can bring a claim against the vehicle keeper or directly against their insurer (Art. 65 para. 1 RTA). Typically, the road traffic victim (or their own property damage insurer) will proceed against the keeper's solvent liability insurer.