It’s The End Of the [Automobile Insurance] World as We Know It

Haight Brown & Bonesteel LLP
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As technology evolves, traditional auto insurance may be a thing of the past. The rise of autonomous vehicles (AVs) will likely drastically reduce or effectively eliminate vehicle collisions. With a high level of connectivity, AVs will be particularly vulnerable to cybersecurity issues and risks, and insurers must shift focus to address concerns of the ever-changing technology. In their Daily Journal article “It’s the end of the [Automobile Insurance] world as we know it,” Attorneys Laurie Lo and Patice Gore discuss ownership, maintenance and use of AVs. The article outlines how sophisticated hackers have used a vehicle’s connectivity to control them, which can have dangerous effects.

Lo and Gore explain that the cybersecurity risks associated with the ownership of an AV differ greatly from the risks of a conventional vehicle. Ownership of an AV can expose the owner, and its insurer, to increased liability and costs as a result of a cyber-attack. Therefore, maintenance of AVs is a critical issue. AVs are primarily operated by a computer, but, “If an owner fails to update the software, the AV may be susceptible to a cyber-attack,” Lo and Gore write. However, the software update could actually be used as a way to conduct a cyber-attack. Consequently, the simple act of maintaining the AV may in fact create cybersecurity liability.

Even when the vehicle is properly maintained, writing insurance policies for AVs may be a challenge. Both owners and insurers should consider the first and third party coverages needed to fully address a potential AV cyber threat.

Originally published in the Daily Journal.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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