Driverless Vehicles: Accidents

The framework in place today, established by the Automated and Electric Vehicles Act 2018, provides a process for Secretary of State to list vehicles as "automated" and sets out that if a listed vehicle causes an accident while driving itself, liability will be placed directly onto the vehicle's insurer. This provides victims with a clear and single point of contact for compensation.

The insurer’s liability may be limited where the injured party’s actions contributed to the accident. And after compensating the victim, the Act also gives the insurer the right to bring a claim against the party at fault for the accident, for example the vehicle manufacturer.

Vehicles piloted under the Automated Passenger Services (APS) permitting scheme will be listed under the 2018 Act if in the Secretary of State’s opinion they can safely and legally drive themselves for at least part of the journey without being monitored by a safety driver. Subject to consultation outcomes, the Automated Passenger Services permitting scheme is expected to be in place from Spring 2026.

Once the Automated Vehicles Act 2024 is fully in force, which we expect to happen in the second half of 2027, listing decisions will be replaced by the Secretary of State’s decisions as to whether to authorise vehicles. As with listing, vehicles will only be authorised if the Secretary of State is satisfied that the vehicles can safely and legally drive themselves. The rest of the provisions of the 2018 Act will continue to apply so that the insurer will be liable if an authorised vehicle causes an accident when driving itself.