When the Other Car Has No Driver

On this page:

• What the law counts as autonomous
• Who is allowed on the road
• What insurance the law requires
• How crashes and violations get reported
• If one hits you
• Riding in one
• At a glance

Driverless cars have gone from test vehicles with a safety driver behind the wheel to robotaxis carrying paying passengers on some California streets. Most people will never be in a crash with one. For those who are, the rules are different enough to be worth knowing in advance.

What the law counts as autonomous

Vehicle Code section 38750 defines an autonomous vehicle as one with technology that can drive without active physical control or monitoring by a human, meeting Level 3, 4 or 5 of the SAE automation standard. It expressly excludes cars with driver-assistance features such as lane keeping, adaptive cruise control, automatic emergency braking or park assist. If the car you hit, or that hit you, had a person driving with those features switched on, it was an ordinary car with an ordinary driver. This guide is about vehicles that drive themselves.

Who is allowed on the road

The DMV authorizes manufacturers under three permit categories: testing with a safety driver, driverless testing, and deployment. Each permit comes with approved locations, operating conditions and speed limits. Under section 38750, an autonomous vehicle may not be operated on public roads outside those programs until the manufacturer applies and the DMV approves the application.

What insurance the law requires

Before testing in California, section 38750 requires the manufacturer to obtain insurance, a surety bond or proof of self-insurance in the amount of five million dollars, and to show the DMV evidence of it. That is the company's coverage, not yours. Your own policy still matters, because it is what pays for your car right away if fault is disputed, and what protects you if you are the one at fault.

How crashes and violations get reported

The DMV requires manufacturers testing autonomous vehicles to report every collision involving one of their vehicles that results in property damage, bodily injury or death, and it publishes collision reports on its website. New regulations effective April 28, 2026 added detailed reporting requirements: collisions are reported to the DMV as five-day, update and monthly reports, aligned with the federal National Highway Traffic Safety Administration's standing order on crash reporting.

Traffic violations are handled differently because there is no driver to cite. Since July 1, 2026, a peace officer who observes an alleged traffic violation by an autonomous vehicle may issue a Notice of Autonomous Vehicle Noncompliance to the manufacturer. The manufacturer must forward the notice to the DMV within 72 hours, or within 24 hours if the officer marks it for priority review because the vehicle's driving presented a clear or potential danger, and failing to do so can put its permit at risk.

If one hits you

1. Check for injuries and call 911 if anyone is hurt or the scene is unsafe.
2. Photograph everything, including the vehicle's company markings, fleet or unit number, license plate and position on the road.
3. Get the company's information. Look for contact details on the vehicle or in its app, and ask the responding officer to note the operator in the report.
4. Collect witness names and numbers. With no other driver, independent witnesses carry more weight.
5. Do your own reporting. If anyone was injured or property damage to any one person was over $1,000, you still owe the DMV an SR-1 within 10 days.
6. Tell your insurer promptly, and let it pursue the company if your collision coverage pays first.

Fault is decided on the facts, the same as in any crash. These vehicles record a great deal of data and video, which can help establish what happened, so ask your insurer to request that it be preserved.

Riding in one

If you are hurt as a passenger in a robotaxi, the claim is primarily against the company and its coverage. Your own health insurance applies to your medical care as usual, and medical payments coverage on your own auto policy may extend to you as a passenger in another vehicle, depending on its terms; that varies by insurance company. Keep the ride receipt from the app, which shows the time and route.

At a glance

None of this changes what you should carry yourself: liability limits that protect you, and collision coverage if your car is worth repairing. If you want to check yours, you can talk to a licensed broker in a couple of minutes.