FSD crash in Europe: who pays for the damage?
Short answer
In Europe the motor liability insurance on the car pays the other side, whether FSD (Supervised) was engaged or not. FSD (Supervised) is a driver assistance system, so in law you were still driving. Damage to your own car depends on your own cover.
You are still the driver
Tesla describes FSD (Supervised) as a system that requires active driver supervision and does not make the car autonomous. In the SAE scale that is level 2: the car steers and brakes, the person in the seat is responsible. Traffic law and insurers treat it the same way.
The other side is paid by your liability insurer
Every car on the road in the EU must carry third-party liability insurance. That is EU law (the Motor Insurance Directive, 2009/103/EC, updated in 2021). A person you hit claims from that insurer. Nothing in the directive depends on who or what was steering.
| Damage | Who pays | Does FSD change it? |
|---|---|---|
| The other car, people injured | Your motor liability insurer | No |
| Your own car | Your own cover (comprehensive, if you have it) | Only if your policy says so |
| A defect in the car or its software | Possibly the manufacturer, under product liability | It can, after an investigation |
Your own car
Third-party cover alone pays nothing for your own car. Comprehensive cover usually does, minus your excess. Read the exclusions: some policies say something about driver assistance systems, most say nothing.
When the software was at fault
EU product liability law lets a person harmed by a defective product claim from the maker. The new Product Liability Directive (EU) 2024/2853 names software as a product. It applies to products placed on the market from 9 December 2026. In practice your insurer pays first and decides later whether to claim from the manufacturer.
Report the crash to your insurer as you would any other, and say that FSD (Supervised) was engaged. Leaving it out can cost you your cover.
Want to know how much of your driving is on FSD? Try the FSD share calculator.
Questions
Does my premium go up after an FSD crash?
It is treated like any at-fault claim on your policy, so it can affect your no-claims discount.
Can Tesla be held liable?
Only if a defect caused the crash, under product liability law. That is a claim by the person harmed or their insurer, not an automatic payment.
Do I have to tell my insurer FSD was on?
Yes. Answer every question on the claim form truthfully. Tesla keeps its own data about the drive.
Keep reading
Sources
General information, not advice on your policy. Cushly is not Tesla and not an insurer. Also as Markdown.