Comment by testfoobar

17 hours ago

Really impressive tech. I don't understand the insurance ramifications of installing and using this system.

Comma's website links to a 7 year old reddit thread: https://comma.ai/support#will-my-insurance-cover-my-car-with...

As a driver, if in an accident, could someone reasonably assert that you were not paying attention?

  - InsureCo, how may I help you?
  - Hey, I want to ask about installing a self driving module in my car...
  - Sure, you mean Tesla upgrade?
  - No, another one.
  - Another one?
  - Yeah, you remember that kid that hacked Playstation?

At the moment in every jurisdiction I’m aware of the driver is always considered as “in charge” of the vehicle no matter what assistance functions are being used. It’s the driver’s responsibility to avoid collisions in all cases.

If you have a collision and your vehicle is judged at fault by whatever authority does it in your area the you are liable.

  • Mercedes Drive Pilot (“SAE Level 3”) is certified on some very specific stretches of insterstate in California to not require the driver to be responsible.

    https://www.mbusa.com/en/owners/manuals/drive-pilot

    Requirements:

    - Stop and go traffic (or less than 40mph?)

    - On some specific sections of highway

    - Driver doesn’t need to monitor but must be ready to take over with 15(?) seconds of the system requesting

    > Mercedes-Benz is assuming liability for any crashes or incidents that occur while the autonomous system is active

  • What if there is no driver because the car is self driving?

    • Well that will depend on your local laws, but to my knowledge except for certain authorised pilot programs all cars on the road must have a driver.

      Where I live if you are in the driver’s seat no matter if you were actually actively driving you are considered to be the driver. This has been well established here in drink-driving cases, but you’d have to ask a lawyer for your area.

In an accident, culpability cannot transfer to a computer ostensibly running under your supervision. As a driver, you likely sign away all claims to blaming CommaAI when you accept the EULA & ToS updates.

  • I'd be more concerned about insurance being voided due to an undeclared modification to the vehicle.

    In the UK any third-parties will still be compensated, but the first-party will get nothing and will struggle to get car insurance in the future.

I guess it would be like open source cruise control. In that they could assert some probability of incorrect installation that caused the accident.

I mean, just like with a Tesla, the driver is responsible for the actions taken by the car, which means you do need to be paying attention, hands on the wheel, ready to take over at all times.

We don't yet have the legal framework to say 'Sue company x, it wasn't my fault!' You get sued, then you have a very uphill battle to turn around and try to sue the company that provided the 'self driving' functionality because companies put all sorts of 'I totally accept liability for using this' in the T&C of their products.