Seite - (000618) - in Autonomes Fahren - Technische, rechtliche und gesellschaftliche Aspekte

59727.2 Ensure Compensation contrast, retrospective actions, shown on the right side, respond to the realization of a risk, as in the case of a tort claim by a person injured in a crash. The possibility of retrospective reg- ulation, particularly if it is foreseeable, can affect behavior even if the risk is never realized. Regulation can also be pursued by a public actor or by a private actor. Public actions, shown on the top, include typical functions of the state: setting requirements and conduct- ing investigations. In contrast, private actions, shown on the bottom, generally involve relationships among private parties: a consensus among market participants, a contract between an insurer and its insured, or the tort duties of a manufacturer to those who are injured by its products. Although this chapter focuses on public actors, these private relationships remain an important tool of public policy. A statutory requirement that drivers obtain sufficient in- surance, for example, delegates some regulatory power to the private-sector insurance companies that then decide, subject to additional public regulation, how much any partic- ular driver should be charged. 27.1.4 The Regulatory Challenge For public regulators, the utilitarian challenge is to indirectly maximize net social good while indirectly mitigating incidental individual loss. With respect to vehicle automation, this means defining an appropriate system in which societal costs and benefits can be ana- lyzed [20], checking that the incentives and disincentives for developers of automated systems are consistent with that system, reconciling these with the incentives and disincen- tives for other actors, and ensuring that those who are harmed have appropriate access to some means of compensation. This chapter outlines four pairs of potential regulatory strategies that could advance these goals. Its focus on risk management by public actors complements earlier risk management proposals for private actors [21]. These strategies involve ensuring compen- sation by expanding public insurance and facilitating private insurance, forcing informa- tion-sharing by privileging the concrete and delegating the safety case, simplifying the problem by limiting the duration of risk and excluding the extreme, and raising the playing field by rejecting the status quo and embracing enterprise liability. 27.2 Ensure Compensation 27.2.1 Expand Public Insurance Insurance can help reduce the financial burden placed on injured individuals and, poten- tially, the compensatory pressure placed on tort law. Ensuring that those who are physically injured by automated vehicles are able to recover for their injuries makes the occurrence of those injuries, at least from a public policy perspective, more justifiable. If the only