Tort Law Problems Caused By Automated Vehicle And The Response Of Insurance System

In 2017,Audi announced the launch of a new generation of Audi A8 with the third level of automation,which means that the development of self driving vehicles has stepped from the low-level stage to the high-level stage.According to the Highly Automated Vehicle(HAV),the driver of HAV no longer obtains the control right of the vehicle,and the driving of the vehicle on the road is mainly controlled by automatic system.In this case,if there is a traffic accident,whether the existing legal system of vehicle insurance can be applied becomes an urgent problem to be solved.Not only that,if the current legal system of vehicle insurance can no longer meet the needs of the development of HAV,how to rebuild a more reasonable legal system of HAV insurance is also one of the issues widely considered by all countries in the world.In China,the current compulsory traffic insurance system has attracted a lot of criticism from the academic due to its failure to protect the rights of the victims.Therefore,how to reconstruct the legal system of vehicle insurance in the context of the rapid development of HAV is also one of the hot topics.Based on this,this paper starts with the current legal system of vehicle insurance and the classification of automated vehicles.Through the introduction of the existing system and the classification of automatic driving,lays the foundation for the discussion of the construction of the legal system of automated vehicle insurance.Based on the existing classification of automatic driving vehicles,this paper focuses on the construction of the legal system of automated vehicle insurance from the perspective of comparative law.As the United States and Germany are relatively developed in the HAV industry and there are significant differences in legislative systems,this part takes the United States and Germany as examples to analyze in detail the legislative attempts and theoretical research results in the construction of the legal system of HAV insurance in the two countries,with a view to contributing to the construction of the legal system of auto driving motor vehicle insurance in China.Based on the experience of foreign law,this paper expounds the legislative attempt,theoretical research and enterprise practice of China's automated vehicle insurance system,and also briefly analyzes the advantages and disadvantages of the corresponding practices and theories.Based on the analysis of relevant practice and theory,this paper tries to put forward the possible path of the construction of auto driving vehicle insurance system in order to help the construction of auto driving vehicle insurance legal system.