Lane Keeping and Adaptive Cruise: You're Still the Driver

Where California draws the line

Vehicle Code 38750 defines an autonomous vehicle as one with integrated technology meeting Level 3, 4 or 5 of the SAE driving-automation scale. It then says what doesn't count: a vehicle with collision avoidance or driver-assistance systems, naming electronic blind spot assistance, automated emergency braking, park assist, adaptive cruise control, lane keep assist, lane departure warning and traffic jam assist, where those systems can't drive the car without a human operator's active control or monitoring.

That covers the features on most cars sold today, including the combined "hands-on" systems that steer and manage speed on the freeway. They are Level 2 partial automation, and the person in the driver's seat is driving.

What the dealer must tell you

Since January 1, 2023, Vehicle Code 24011.5 has required a dealer or manufacturer that sells a new passenger vehicle with a partial driving automation feature, or adds one by software update, to give the buyer a distinct notice naming the feature and clearly describing its functions and limitations. Manufacturers and dealers also may not name or market such a feature in language that would lead a reasonable person to believe the car is autonomous. Keep that notice; it's the plainest description you'll get of what the system won't do.

What it means for responsibility and insurance

Because you're the driver, the usual rules apply. A crash with the system engaged is assessed on what you, the operator, did or didn't do, under the same fault and point rules as any other crash. Your liability coverage responds to harm you cause, and your collision coverage to damage to your car. If a defect in the system contributed, that is a separate product question: the 2023 law says it doesn't limit a manufacturer's or dealer's liability for negligence or product defects, and your insurer may pursue that after paying your claim.

Buying used: the notice may not come with the car

The notice requirement applies when a new passenger vehicle is sold or when a software update adds a partial automation feature. A used car may reach you without it, and features can differ by trim, model year and software version. Ask the seller for the owner's manual and any notices they received, check the manufacturer's site for your exact model, and test each feature in a safe place before relying on it.

The repair side

The cameras and radar these features depend on sit in bumpers, grilles, mirrors and the windshield, and they commonly need recalibration after even minor repairs. That is a real part of what collision and glass claims cost on a modern car, and a reason to choose a shop that can do the calibration properly.

What you can check

1. Read the feature notice and the owner's manual section on each system's limits, such as weather, faded lane markings and sharp curves.
2. After a software update adds or changes a feature, look for a new notice.
3. Know how to switch each feature off, and which ones stay on by default.
4. After any windshield or bumper repair, ask for proof of calibration.

What varies by insurance company

Safety devices are among the vehicle characteristics California lets insurers rate on, so some companies may recognize particular driver-assist features while others don't. How a company handles claims involving these systems, and whether it pursues manufacturers, varies too.

Want to see how your car's features are treated by different companies? Quote it with us.