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Reasonable, adequate and efficient allocation of liability costs for automated vehicles: a case study of the German liability and insurance framework

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journal contribution
posted on 2018-08-08, 09:17 authored by Fabian Pütz, Finbarr MurphyFinbarr Murphy, Martin MullinsMartin Mullins, Karl Maier, RAYMOND FRIELRAYMOND FRIEL, Torsten Rohlfs
In general, a functioning liability and insurance framework should ensure an adequate level of third party claimant protection and a reasonable and adequate final allocation of liability costs for the involved parties. This research examines whether the liability and insurance framework resulting from the amendment to German Road Traffic Act meets these two central objectives. The article shows that a reasonable and adequate allocation of liability costs is inhibited because of several barriers that hinder the shift of liability costs from the owner of the vehicle to the manufacturer. In particular, it is highly dependent on the practical application of subrogation claims. The ability and the motivation of motor insurers to conduct subrogation claims could be negatively affected because of a lack of required technical and engineering know-how and because a market-wide conduction of subrogation claims would erode the business model of motor insurance. This article proposes changes to the current framework particularly by removing specific exclusions of product liability and by easing the burden of proof of a product defect.

History

Publication

European Journal of Risk Regulation; 9 (3), pp. 548-563

Publisher

Cambridge University Press

Note

peer-reviewed

Language

English

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