PART 1Automated vehicles: liability of insurers etc

I13Contributory negligence etc

1

Where—

a

an insurer or vehicle owner is liable under section 2 to a person (“the injured party”) in respect of an accident, and

b

the accident, or the damage resulting from it, was to any extent caused by the injured party,

the amount of the liability is subject to whatever reduction under the Law Reform (Contributory Negligence) Act 1945 would apply to a claim in respect of the accident brought by the injured party against a person other than the insurer or vehicle owner.

2

The insurer or owner of an automated vehicle is not liable under section 2 to the person in charge of the vehicle where the accident that it caused was wholly due to the person's negligence in allowing the vehicle to begin driving itself when it was not appropriate to do so.