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Insurance & Self-Driving Cars: What You Need to Know After a Crash

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Insurance & Self-Driving Cars: What You Need to Know After a Crash

Brubaker Injury Law

May 15, 2025

Self-driving technology is changing how we travel—but it’s also transforming how we handle accidents and insurance claims. When a crash involves an autonomous vehicle (AV), the question of “who pays for the damage?” isn’t always easy to answer.

Whether you’re a driver, passenger, cyclist, or pedestrian, it’s crucial to understand how insurance works in AV collisions, and why legal guidance matters more than ever.

At Brubaker Injury Law, we help clients navigate the unique challenges of AV-related claims—and fight for the compensation they deserve when insurers or manufacturers try to avoid responsibility.

Auto Insurance Basics: The Traditional Model

In a standard car accident, insurance claims are typically based on fault. The at-fault driver’s insurance company covers the injured party’s medical bills, property damage, and other losses.

Depending on your state, coverage may also include:

  • Personal Injury Protection (PIP)
  • Uninsured/Underinsured Motorist Coverage (UM/UIM)
  • Medical Payments Coverage (MedPay)
  • Liability or Collision Insurance

But what happens when the “driver” is a computer-controlled system? That’s where things get complicated.

AVs Are Changing the Game

Autonomous vehicles operate using a combination of cameras, sensors, artificial intelligence, and real-time data to make driving decisions. Some are fully driverless, while others require a human backup driver.

When these vehicles crash, traditional insurance policies don’t always account for the unique factors at play, such as:

  • Was the AV system engaged at the time of the crash?
  • Did a software malfunction cause the accident?
  • Was a human driver supposed to intervene—and failed?
  • Was the AV part of a rideshare or fleet service, like Waymo or Cruise?

Answering these questions is critical to determining who pays—and how much.

Who Pays for Damages in an AV Accident?

Liability in AV crashes can fall on multiple parties, including:

🚗 The Vehicle Owner or Operator

If a human was behind the wheel (even if the car was in “autopilot” mode), their insurance may still apply, especially if they failed to supervise or take control when needed.

🏭 The Manufacturer

If the crash was caused by a defect in the vehicle’s hardware, sensors, or autonomous software, the manufacturer could be liable under product liability law.

👨‍💻 The Software Developer

If a software update introduced a bug that led to the accident, the company behind the system might bear financial responsibility.

🚖 Fleet Companies or Rideshare Providers

When AVs are part of a business operation (like driverless taxis), corporate insurance policies may come into play.

Each case is different—and pinpointing the right party requires a thorough investigation.

Driver-Operated vs. Fully Autonomous Claims

In semi-autonomous vehicles (such as Tesla with Autopilot), the human driver is still legally responsible in most situations. But in fully autonomous scenarios—where no one is behind the wheel—the lines blur.

This shift introduces new challenges:

  • Insurers may deny claims, citing the tech manufacturer’s fault
  • AV makers may argue that software operated as intended, blaming road conditions or other drivers
  • Victims may get caught between multiple entities deflecting liability

That’s why having the right legal team matters—to make sure you don’t get left behind in the shuffle.

How to File a Claim After an AV Crash

Here’s what you should do if you’re involved in an accident with a self-driving vehicle:

  1. Call 911 and report the accident
  2. Seek immediate medical attention, even if injuries appear minor
  3. Document everything—photos, videos, witness info, and vehicle data if available
  4. Notify your insurance provider, but avoid detailed recorded statements
  5. Contact a personal injury attorney experienced in AV litigation

At Brubaker Injury Law, we’ll guide you through the entire claims process, deal directly with insurance companies, and work to ensure you’re treated fairly every step of the way.

How Brubaker Injury Law Protects You in AV Insurance Claims

We know how complex AV-related insurance claims can be—and we’re prepared. When you work with us, you get:

  • A detailed case investigation including vehicle data, police reports, and system performance
  • Expert consultations to identify tech malfunctions or product defects
  • Aggressive negotiation with insurance companies and corporate legal teams
  • Compassionate, client-first service that puts your recovery at the center

Whether you’re filing a claim against a manufacturer, a driver, or an insurer, our team will fight to secure the maximum compensation you deserve.

Let’s Get You the Compensation You Deserve

If you’ve been injured in an accident involving a self-driving or autonomous vehicle, don’t leave your recovery in the hands of confusing insurance policies or corporate interests.📞 Contact Brubaker Injury Law today for a free consultation. We’ll help you understand your rights, manage your insurance claim, and take powerful legal action—so you can focus on healing.

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