With the rapid development of the global economy in the 21 st century,the concept of pilotless automobile has gradually come into people’s attention.The pilotless automobile developed by Volvo cars and Google have started to land in foreign countries,and will certainly land in the domestic market in the near future.While pilotless automobile bring more possibilities to human travel modes,they will also cause hidden dangers to road traffic safety.Since 2014,there have been traffic accidents involving pilotless automobile around the world,which triggered a heated discussion on the insurance liability of driverless cars among Volkswagen.Different from general commercial insurance,insurance system as well as traffic order is stable,to protect the interests of the traffic accident victims basic nature of compulsory insurance,the insurance liability in the face of pilotless automobile will bring problems,should carry out timely change,incorporating driverless cars into the insurance system,decentralized social risks.Unlike traditional driving habits,pilotless automobile are driven independently by artificial intelligence systems.Technical innovation will impact on the existing compulsory traffic insurance system,and the change of driving mode will lead to the original insured becoming too single,and the liability of compulsory traffic insurance itemized limit appears loopholes.At the same time,the existing insurance fees and rates are also contradictory due to the changes in the risk of traffic accidents caused by the application of pilotless automobile.It is difficult to clarify the traffic accident tort liability of driverless cars,and it is difficult to effectively carry out damage determination.In the case that commercial insurance cannot become a reasonable insurance provision for pilotless automobile,in order to reasonably solve the above problems,the reform of compulsory traffic insurance is imperative.Although it is still some time before pilotless automobile can be legally driven in China,legislation in some developed countries has taken the lead.Germany has first self-driving car should be brought into the law on road traffic safety in the specification,Nevada,"511" law also for self-driving car insurance has made a detailed regulations,Germany for pilotless automobile made the detailed insurance system,the Japanese government although no formal document issued,but the insurance industry has launched for Japan’s social insurance system,these measures to a certain extent,provides reference for the improvement of the system of insurance.In view of the current situation of legislation on compulsory traffic insurance in our country,local specific modifications are made from the scope of policyholder,insurance amount and compensation scope under the premise of not changing the overall framework of compulsory traffic insurance.The "double-track system" is adopted for the insured,which includes the system developers and automobile manufacturers of pilotless automobile to share the insurance liability of the insured.When the driverless technology is fully mature,the insurance amount of compulsory traffic insurance should be appropriately increased to improve the social trust and acceptance of pilotless automobile.Modify the driverless cars in the insurance compensation range,the car driver into the compensation object,delete the property damage compensation,bought from commercial insurance contract claims,modify the law on road traffic laws "motor vehicles" and "driver",such as definition,make insurance system can rely on the concept of the host law smooth implementation.Based on the perspective of traffic insurance,this paper explores the insurance liability of driverless cars,hoping to provide some Suggestions for the reform of China’s traffic insurance system,design a perfect legal environment for the development of driverless cars in China,and promote the better popularization and application of pilotless automobile. |