Autonomous vehicles and insurance
Produced in partnership with Hogan Lovells
Autonomous vehicles and insurance

The following TMT guidance note Produced in partnership with Hogan Lovells provides comprehensive and up to date legal information covering:

  • Autonomous vehicles and insurance
  • The existing motor insurance framework
  • The development of AEVA 2018
  • The level of automated vehicle that AEVA 2018 will apply to
  • Primary and secondary liability under AEVA 2018
  • The scope of liability under AEVA 2018
  • Limitation periods and data retention
  • The next steps

This Practice Note considers the impact of Part 1 of the Automated and Electric Vehicles Act 2018 (AEVA 2018) on the UK’s motor insurance framework, looking at:

  1. The existing motor insurance framework

  2. The development of AEVA 2018

  3. The level of automated vehicle that AEVA 2018 will apply to

  4. Primary and secondary liability under AEVA 2018

  5. The scope of liability under AEVA 2018

  6. Limitation periods and data retention

  7. The next steps?

This Practice Note does not cover AEVA 2018, Pt 2, which makes provision in relation to charging electric vehicles.

For a summary of key dates and information relating to the development of autonomous vehicles regulation, see Practice Note: Autonomous vehicles—timeline.

See also:

  1. Practice Note: Autonomous vehicles—key legal issues

  2. Practice Note: Autonomous and connected vehicles—data protection, privacy and security

  3. Precedent: Autonomous vehicles—training materials

The existing motor insurance framework

In the UK, the Motor Insurance Directive 2009/103/EC of the European Parliament and the Council, of 16 September 2009, (the MID) was implemented at domestic level by amendments to the Road Traffic Act 1988 (RTA 1988). Both pieces of legislation remain in force. As explained below, RTA 1988 has been amended by AEVA 2018 to include the requirement for compulsory insurance in respect of an automated vehicle, but those amendments have not yet been brought into force.

Article 3 of the MID requires each Member State to