Picture this scenario: You’re stopped at a red light in Newark when suddenly your car is struck from behind. The other driver explains their vehicle’s driver-assistance system failed to brake properly. The insurance adjuster questions whether you stopped too abruptly. The vehicle manufacturer suggests driver error. Meanwhile, you’re dealing with painful injuries and mounting medical bills, unsure who’s actually responsible or how you’ll be compensated.
As vehicles with autonomous features become increasingly common on roads throughout New York and New Jersey, accidents involving this technology are no longer theoretical—they’re happening every day. Understanding your rights and the path to compensation after these accidents has become essential for every driver.
The Reality of Today’s “Self-Driving” Technology
Despite what marketing suggests, no consumer vehicle today drives itself completely. Even the most advanced systems with names like “Autopilot” or “Full Self-Driving” are essentially sophisticated driver-assistance tools that can steer, brake, and accelerate—but you remain the driver, both practically and legally.
Here’s what’s really happening with these systems today: newer vehicles with advanced hardware may allow you to take your hands off the wheel temporarily, but cameras constantly monitor whether you’re watching the road. Look away for too long, and the system will warn you or even shut down. The technology explicitly states it “does not make your vehicle autonomous” and requires your constant supervision.
Think of it this way: these systems are like having an assistant who can help with some driving tasks but needs you to supervise every decision. You wouldn’t let an inexperienced assistant handle important work alone, and current law doesn’t let these systems operate without human oversight.
The bottom line is clear: these systems still make mistakes. Federal data shows thousands of reported accidents involving vehicles with driver-assistance features, with rear-end collisions being particularly common. Even with the latest updates, these aren’t fully autonomous vehicles—they’re advanced driver-assistance systems that require human supervision. When they fail and cause accidents, victims have every right to seek compensation, just as they would in any other collision.
Who’s Responsible When Technology Fails?
When a vehicle with autonomous features crashes, determining liability becomes complex, but understanding how compensation flows through insurance is what really matters for victims. Multiple parties may share responsibility, each carrying different types of insurance coverage that could compensate you.
The driver’s auto insurance remains your primary source of compensation in most cases. Even with advanced driver-assistance engaged, the human driver maintains legal responsibility. Both New Jersey and New York law require drivers to supervise these systems and be ready to take control instantly. If someone crashes into you while using these features, their personal auto insurance typically covers your damages.
Manufacturer’s product liability insurance becomes relevant when the technology itself fails. If defective hardware or software contributes to the crash, you can pursue claims against the manufacturer’s insurance, which usually carries much higher limits than personal auto policies.
Commercial fleet insurance applies when the vehicle belongs to a ride-sharing service or delivery company. These commercial policies often carry million-dollar minimums, providing substantial coverage for victims.
How You Actually Get Compensated
After an accident involving a vehicle with autonomous features, compensation typically follows this path:
Step 1: Immediate Medical Coverage
In both New York and New Jersey, your own Personal Injury Protection (PIP) coverage kicks in immediately, regardless of who’s at fault. This no-fault insurance covers medical expenses and lost wages up to your policy limits—typically around $50,000 in New York, with varying amounts in New Jersey. This ensures you get treatment right away without waiting for insurance companies to determine blame.
Step 2: Pursuing Full Compensation
For damages beyond PIP limits—including pain and suffering, ongoing medical costs, and permanent injuries—you need to pursue claims against the responsible parties’ insurance. This typically starts with the other driver’s auto insurance, since they remain legally responsible even when using driver-assistance features.
Step 3: Additional Insurance Sources
If the technology itself malfunctioned, you may also pursue:
- Claims against the manufacturer’s product liability insurance for defective systems
- Coverage from commercial fleet operators if applicable
- Your own underinsured motorist coverage if other insurance isn’t sufficient
The challenge is that unlike a simple fender-bender where you exchange insurance cards, these accidents often involve multiple insurers all pointing fingers at each other. The driver’s insurance blames the manufacturer. The manufacturer’s insurance claims driver error. Meanwhile, you’re stuck in the middle waiting for compensation.
State Laws That Impact Your Recovery
Where your accident happens matters significantly. New Jersey follows a “51% rule”—if you’re found more than half at fault, you recover nothing, even if the vehicle’s technology malfunctioned. However, New Jersey’s strict product liability laws can help when pursuing manufacturers, as they can be held responsible even after taking reasonable safety precautions.
New York allows you to recover damages even if you’re partially at fault, though your compensation reduces proportionally. If you’re 30% at fault in a $100,000 case, you’d receive $70,000. This can benefit victims who may have been momentarily distracted when technology failed.
The Data That Makes or Breaks Your Case
Modern vehicles with autonomous features are essentially computers on wheels, recording everything that happens. This includes when systems were engaged, driver inputs, sensor readings, and warning signals. This data becomes crucial evidence showing whether technology failed or the driver was negligent.
But here’s the catch: this data isn’t easy to access. Manufacturers often claim it’s proprietary information. Insurance companies rush to download it while making quick settlement offers to unrepresented victims. Without legal help to preserve and analyze this evidence, you might accept far less than your case is worth—or worse, the data might disappear entirely.
Critical Steps After an Accident
Your actions immediately following an accident involving autonomous technology can determine your compensation:
- Call 911 and be specific: Tell police that driver-assistance or autonomous features were involved. This ensures proper documentation from the start.
- Document everything: Take photos of all vehicles, the scene, weather conditions, and your injuries. Note any technology-related markings on the vehicles.
- Get complete insurance information: Obtain the driver’s insurance details, note the vehicle make and model, and look for any commercial vehicle markings.
- Seek immediate medical care: Your health comes first, and prompt treatment also establishes the injury connection needed for insurance claims.
- Don’t give recorded statements: Multiple insurance companies may contact you. Each has an agenda to minimize their client’s responsibility. Speak with an attorney first.
- Preserve electronic evidence quickly: Vehicle data can be overwritten or lost. Legal action may be needed to preserve this crucial evidence.
What Compensation Is Available?
Through various insurance sources, victims may recover:
- Immediate benefits (through PIP): Medical bills, lost wages, essential services
- Full damages (through liability claims): Pain and suffering, future medical costs, permanent disability, property damage
- Additional compensation: When companies deploy defective technology, punitive damages may apply
The involvement of multiple insurance carriers—each with different coverage types and limits—often leads to higher overall settlements than traditional accidents, as each insurer has incentive to resolve claims rather than risk setting legal precedents.
Why You Need Specialized Legal Help
These aren’t your typical car accidents. Successfully obtaining full compensation requires understanding both evolving technology and complex insurance coverage issues. Key challenges include identifying all available insurance sources, preserving and analyzing electronic evidence, coordinating claims across multiple policies, and countering insurance companies using novel defenses.
Without experienced representation, victims often accept the first settlement offered without realizing multiple insurance sources exist, or they miss critical deadlines that vary for different types of claims.
Get the Legal Help You Deserve Today
At Song Law Firm, we understand the complexities of accidents involving autonomous vehicle technology and stay current with this rapidly evolving area of law. Our team knows how to identify all potentially liable parties and their insurance coverage, ensuring you receive maximum compensation from all available sources.
Were you injured in an accident involving driver-assistance technology or autonomous features? Insurance companies are already working to minimize their liability. You need someone fighting for your rights.
Call Song Law Firm today at 201-461-0031 or email pi@songlawfirm.com for a free consultation. We’ll evaluate your case, identify all potential insurance sources, and fight for the full recovery you deserve. Time matters—electronic evidence disappears quickly and insurance deadlines vary.
When technology fails, you need proven legal expertise on your side.
Disclaimer: This column provides general information only and does not constitute legal advice. Autonomous vehicle laws and insurance requirements are rapidly evolving and vary by jurisdiction. For guidance specific to your situation, consult with an attorney directly.
