The ideal model of insurance for autonomous vehicles: A Comparative study

LL.M. (Commercial Law)Abstract: According to the WHO’s newsroom of 21 June 2021, approximately 1.3 million people die each year worldwide as a result of road traffic accidents. These road accidents cost the majority of countries more than 3% of their gross domestic product. The main cause of these accidents is human error, which includes driving too fast, alcohol impairment and reckless driving. The development of autonomous motor vehicles has been welcomed by the majority as a valuable and inevitable contribution to the well-being of the society. It is widely agreed that autonomous vehicles have the potential to revolutionise personal and commercial transportation. However, the use of these autonomous vehicles raises noteworthy legal issues that need to be considered and addressed as these motor vehicles become more prevalent. The question in the insurance realm that has gained attention recently includes, who is liable when an autonomous vehicle is involved in an accident and who should cover the risks and which interests have to be protected? From a South African perspective, the general principles of the law of delict may be sufficient to determine liability in the event of a collision caused by an autonomous vehicle. However, South Africa must consider specific legislation implemented in countries such as the United Kingdom and Germany, for guidance in drafting legislation of autonomous vehicle in South Africa. In essence, this study seeks to analyse and apply the legal liability framework of South Africa in the event of a collision caused by an autonomous vehicle. Furthermore, this study will compare how these vehicles are regulated in the United Kingdom and Germany