Now imagine you are hit by a modern car with its emergency braking feature engaged. While the car might have stopped more quickly than if a person were behind the wheel, if you still sustained an injury, you might not be entitled to anything from your state’s motor accident injury insurance (MAII) scheme, given that the car was not under the control of a human driver. This would consign you to seeking treatment through the public health system and accessing any sick leave you had for time off work. And if the injury you sustained was serious, the difference in outcomes – and the impact on your financial situation – would be considerable.

If you are injured due to the fault of another driver, bringing a claim for damages is a relatively straightforward process. In most states and territories, the "at fault" driver is indemnified by an MAII insurer, for example the Transport Accident Commission (TAC) in Victoria. However, if you were struck by a car engaging an autonomous feature, a damages claim could be much more complex. Just determining who to bring a claim against is a potential minefield.

If you sued the driver for failing to take control, recovering any money would depend on their financial status. It’s also possible that any assets the driver had would be consumed by their own legal costs.

If you sued the manufacturer, you would be taking on a large multinational company, so would risk having to pay their legal costs if you lost. The manufacturer might also argue the software provider, the service mechanic or the communications provider was liable, and all of these could also pursue you for costs if they were incorrectly sued.

Australia’s Transport and Infrastructure Council has acknowledged these and other concerning gaps that exist in personal injury coverage for anyone involved in crashes where autonomous technology is a factor.