EVs and autonomy: Higher severity claims, data-driven liability
As electric vehicles reshape motor claims through higher severity and new injury patterns, the UK is now actively building the regulatory runway for self-driving services on public roads.
In a written statement to parliament on 23 April 2026, the Department for Transport (DfT) confirmed it is implementing an automated passenger services (APS) permitting scheme “from this spring” as a key step in implementing the Automated Vehicles Act 2024, framing it as a “world-leading regulatory framework” that sets clear legal responsibilities and a safety framework for deployment.
EV claim severity is rising
Electric vehicles (EVs) are typically heavier (due to battery packs) and can deliver rapid acceleration. Industry commentary warns that greater mass and impact severity can drive more serious injuries and more vehicle damage. Independent safety research states the basic physics that heavier vehicles tend to transfer more force to occupants of lighter vehicles, and larger/heavier vehicles can increase risks for pedestrians and cyclists.
On repair economics, Thatcham Research (February 2026) sets out the insurer pain points: battery-electric vehicle repair costs were around 25% higher than ICE equivalents in earlier analysis, and repair times were typically 14% longer, both of which can inflate credit hire, storage, indemnity spend, and complaint risk. Thatcham also notes that on average batteries account for 40% of a vehicle’s new value, which increases the likelihood that borderline cases tip into total loss as depreciation erodes economic repairability.
That severity pressure shows up operationally at first notification of loss (FNOL) stressing that EV repairability decisions depend on accurate post-collision diagnosis, competent recovery, and safe handling of high-voltage systems (including thermal runaway prevention and quarantine decisions).
For insurers, this requires tighter triage rules, more EV-capable supply chains, and claims teams trained to distinguish 'replace the pack' assumptions from evidence-led repair pathways.
New harm patterns: Beyond trauma to exposure injuries
EV collisions can introduce 'mixed injury' scenarios: Conventional trauma can be combined with delayed harm if a damaged battery ignites/reignites, or releases toxic fumes, with respiratory injuries and chemical burns affecting occupants, responders, and bystanders. This can create additional evidential difficulty when symptoms emerge after the collision.
For insurers, that means more complex medical causation arguments, longer-tail reserving uncertainty, and potential multi-party claims where liability is contested across driver, insurer, and manufacturer.
Automation changes what 'fault' means
For motor insurers, automation does not just change frequency; it changes fault. As automated driving expands from pilots to scaled services, liability will increasingly hinge on:
- Whether the vehicle was operating under an authorised automated function at the time of loss;
- Whether the operator complied with permitting or licensing conditions; and
- What the vehicle’s data shows about control transitions and system status.
DfT’s APS update also highlights expanded data-sharing to support emergency responders, which could be an indicator of an early signal that post-collision data governance will become part of the operating model, not an afterthought.
UK law reform work has been explicit that automated claims will be data-led. The Law Commission’s joint report notes that insurers will rely heavily on vehicle-generated data to resolve claims, and it discusses whether entities controlling AV data should be placed under a statutory duty to share data with insurers, to enable fair and accurate decisions.
It also summarises the Automated and Electric Vehicles Act 2018 approach: Where an accident is caused by an automated vehicle “when driving itself,” insurers face direct liability, but may bring “secondary claims” against other responsible parties, including manufacturers.
Implications for insurers
The convergence of electrification and automation presents real operational and commercial challenges. Electrification is already placing pressure on repairability economics and total-loss thresholds. Automation will, in time, test liability frameworks and the standards of evidence required to resolve claims.
Insurers who have invested in EV-capable repair networks, battery-aware total-loss strategies and disciplined hire mitigation may be better placed to manage these emerging pressures. Access to automated-driving data, whether through contractual arrangements or developing regulatory pathways, is also likely to matter considerably in the resolution of contested claims.
Contents
- Insurance Insights: The Word, May 2026
- Is "war" still war? Lloyds proposes to rewrite the rules on war risk
- Trade wars, tariffs and conflict: The impact on the insurance market
- LMA's AI governance blueprint
- Hantavirus on the MV Hondius: What it means for insurers
- Stephen Fry’s stage-fall lawsuit: What it signals for event liability insurers
Contact
Jeanette Flowers
Claims Handler
Jeanette.Flowers@brownejacobson.com
+44 (0)330 045 2178
Tim Johnson
Partner
tim.johnson@brownejacobson.com
+44 (0)115 976 6557