AIs should be legally liable for their mistakes soon
Frears explains that, in the past, the driver was the only insured party in an automobile scenario, but with AI input into the driving process, it now needs to be established just who or what had the deciding influence over the accident.
“If it’s a product fault, a consumer has the right to expect the product he or she buys from a manufacturer will be roadworthy and safe, so that switches the liability back to the manufacturer. But, otherwise, the insurers will now pay out irrespective of whether or not the driver is insured,” Frears says.
“It’s blurred the line completely, and turned on its head where the insurance actually lies – it’s no longer the driver who’s the insured party in a motor scenario, and I think that’s going to inform how the liability for AI generally will work.”
Insurance following the software involved in an accident is a key provision laid out in the Automated and Electric Vehicles Act. The key factor is whether the driver has engaged the traditional manual controls before the accident – and determining this will be a crucial part of an insurer’s investigation.
“Causation, intent and responsibility get increasingly difficult to untangle when AI is involved.”
“Digital health deploying AI in disease recognition, genetic testing, virtual nursing, surgical robots – these all introduce the risks of mismanaged care owing to AI errors and the lack of human oversight.”
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