A car's autonomous driving system caused an accident. Who is liable under EU law?

What the Law Says

EU law does not yet have a unified regime specifically for autonomous vehicle (AV) liability. Instead, liability is determined by a combination of national road traffic laws, the Product Liability Directive (PLD), and the upcoming AI Act — none of which fully harmonise AV responsibility across Member States.

Currently, most EU Member States apply strict liability to the 'holder' (typically the owner or user) of a motor vehicle under national implementations of the EU Motor Insurance Directive. This means the holder is liable for damage caused by the vehicle’s use — even if the vehicle was operating autonomously — unless they prove the damage resulted from force majeure, victim fault, or an act of a third party.

The Product Liability Directive (1985/374/EEC, as amended) may apply if the accident resulted from a manufacturing or design defect in the autonomous system. Under this directive, producers (e.g., carmakers or software developers) are strictly liable for damage caused by defective products — but only for personal injury or property damage exceeding €500, and only if the defect existed when the product was put into circulation.

The EU AI Act (Regulation (EU) 2024/1689), adopted in 2024 and entering into application in stages from 2025, classifies AV systems as 'high-risk' AI. While it imposes obligations on providers (e.g., risk management, transparency, human oversight), it does *not* create new civil liability rules — those remain governed by national law and existing EU directives.

Statutory Text

The producer shall be liable for damage caused by a defect in his product.

— Council Directive 85/374/EEC, Art. 1 — Liability for defective products

Statutory Text

Member States shall ensure that the holder of a vehicle is liable for damage caused by the vehicle’s use, irrespective of fault.

— Directive 2009/103/EC, Art. 3(1) — Motor insurance

Sources