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Hit by a self-driving car or robotaxi: what to do and your options

If you were walking, biking, or driving and were struck by a vehicle that was driving itself, or by a car whose driver was relying on a driver-assist feature, your options can look different from an ordinary crash. Here is what to know.

Right after the collision

  1. Call 911 and get medical care. Some injuries, including head and soft-tissue injuries, may not show symptoms right away.
  2. Note the vehicle details. Write down the company name and any fleet or vehicle number shown on the car, the license plate, the time, and the exact location.
  3. Ask for a police report. With a driverless vehicle there may be no driver to exchange information with, so the police report and the operator’s incident contact become important.
  4. Photograph everything: vehicle positions, damage, skid marks, traffic signals, crosswalks, and your injuries.
  5. Get witness names and numbers, and look for nearby businesses or homes with cameras.

Was it fully driverless or driver-assist?

It matters. A fully driverless robotaxi has no human behind the wheel, so claims typically focus on the operating company and possibly the manufacturer or technology suppliers. A driver-assist car (for example, one using Tesla Autopilot or Full Self-Driving (Supervised)) still has a human driver who is expected to supervise, so the driver and their insurer are usually involved, and the manufacturer may be as well if a defect contributed.

Vehicle data can be key evidence

Self-driving and driver-assist vehicles record camera, sensor, and system data. That data may show what the system detected and how it responded. Companies may not keep all data indefinitely, so a prompt written preservation request, often sent by an attorney, can matter.

Dealing with insurers and operators

You may be contacted by an insurer or the operating company. Be cautious about giving a recorded statement or signing anything before you understand your rights. In California, comparative fault rules mean that even if you were partly at fault, you may still be able to recover a reduced amount.

Deadlines

Time limits apply. In California, most personal injury claims must be filed within two years; see our California statute of limitations guide. Other states have different rules.

Have questions about your situation? An attorney can review the facts with you for free and with no obligation.

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General information only, not legal advice. Every situation is different, and no particular outcome is guaranteed.

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