Insurance 2023 - the year ahead
Advances in technology to drive litigation
Autonomous vehicles will continue to be on the move in 2023, and with the technology getting more sophisticated each year, we are sure to see an uptick in related litigation.
Level 3 vehicles, which have “environmental detection” capabilities and can make informed decisions for themselves such as accelerating past a slow-moving vehicle, are expected to hit the market soon. Though these vehicles require human override, they are still highly autonomous, especially in comparison to previous models.
While we are not in the age of fully autonomous vehicles yet, it is not surprising that the Level 3 cars still come with risks and potential for lawsuits. Litigation that we expect to see may include failure to equip the vehicle, failure to use, and failure to monitor. We also anticipate litigation related to training, including negligent training, disengagement training, and over- or under- training. Additionally, we believe that the industry will see product liability claims related to equipment and maintenance, as well as cyber and software.
The types of parties who will be sued is numerous, ranging from the actual operator of the vehicle, to the car/parts manufacturer, to the dealership. And don’t forget the software developers and consultants, all of whom may also have liability.
While we don’t expect to see fully autonomous Level 4 and 5 cars rolling off the assembly line in 2023, the vehicles that are currently on the market already come with risks. We will be watching to see what developments are made and how we can stay ahead of expected litigation.