Artificial Intelligence and Non-Contractual Liability: Will the Insurance System Replace the Tort System in the Future? An example of autonomous vehicles

Abstract

The rapid advancement of artificial intelligence (AI) technologies, particularly in the development of autonomous vehicles, presents a fundamental shift in the distribution of liability for traffic accidents. This article examines the future of non-contractual liability in the context of fully autonomous vehicles and explores whether the insurance system could eventually replace traditional tort-based liability frameworks. It analyses the classification of vehicle autonomy levels, the specific risks posed by autonomous systems (software failures, hacking, etc.), and discusses who may be held liable under existing and proposed EU regulations. Particular attention is given to the applicability of the Motor Insurance Directive (MID), the limits of civil liability in different Member States, and the feasibility of introducing compulsory cyber or producer liability insurance. The authors argue against the fragmentation of liability systems and propose that existing motor third-party liability insurance frameworks be adapted to encompass the new risks presented by autonomous technologies. Such an approach would avoid the creation of parallel compensation systems and ensure consistent victim protection throughout the EU.