Safety Checklist for Buyers of Partially Automated Cars: Questions to Ask Before You Drive

Hook: Why smart buyers treat semi-autonomous features like a used engine — inspect before you trust

Partially automated driving systems promise convenience, but recurring regulatory probes and high-profile incidents through late 2025 and into 2026 make one thing clear: you still need to be the safest, best-informed person in the car. If you're shopping for a vehicle with semi-autonomous features (often marketed as FSD, Autopilot, Highway Assist, or similar), this checklist shows exactly what to ask, what to test on a demo drive, and how to evaluate software, liability, and insurance implications before you sign.

The context in 2026: why this checklist matters now

Regulators worldwide increased scrutiny of partial automation in late 2025; insurers and state regulators are reacting in 2026 by updating underwriting rules and clarifying responsibility. At the same time, automakers have accelerated over‑the‑air (OTA) software updates and subscription models for driver‑assist packages. These converging trends mean buyers must evaluate both vehicle hardware and software governance when judging safety and ownership cost.

Regulators and insurers are no longer treating advanced driver assistance systems as “nice-to-have” options — they are a core safety and legal consideration for buyers in 2026.

How to use this guide

Start with the quick checklist for a test drive, then work through the deeper software, liability, and insurance questions. Use the final printable checklist at the end when you visit a dealer or inspect a private-sale vehicle. Keep conversations documented (VIN, software version, written answers) so you can show them to your insurer or legal advisor if needed.

Part A — On the demo drive: real tasks to test semi-autonomous systems

Your goal during the demo: observe predictable, safe behavior across the most common driving conditions you'll face. Never rely on these systems to operate without active driver engagement during the test; bring a second adult to act as an observer if possible.

Before you start the drive

• Ask the salesperson for the VIN and the car's current software version. Record both.
• Request any incident or service history related to the ADAS/FSD system.
• Confirm whether the vehicle is enrolled in any beta program (often higher risk) and whether the demo is using a public release.

During the drive — a prioritized test sequence

1. Driver monitoring check: Does the system require and enforce hands-on-wheel or camera-based attention? Ask the salesperson to demonstrate what happens when the driver looks down or removes hands from the wheel.
2. Adaptive cruise + lane-centering: Test in slow (30–45 mph), moderate (45–65 mph), and highway speeds. Note how it handles cut-ins, braking events, and re-centering in curved lanes.
3. Intersection behavior: If safe and legal where you are driving, approach a signalized intersection and observe whether the system responds correctly to red lights and stop signs. Many recent probes centered on misbehavior here.
4. Lane-change and merge: If the feature supports automated lane changes, test both driver-initiated and system-initiated maneuvers. Verify turn-signal use, gap acceptance, and reaction to oncoming traffic.
5. Traffic sign and light recognition: Check whether posted speed limits, work-zone signs, and traffic lights are recognized and followed. Look for false positives/negatives.
6. Edge cases: Try marked vs unmarked lanes, merging lanes, construction zones, and tight urban streets (only if safe). Note hesitation, abrupt corrections, or lane intrusions.
7. Low-visibility / glare: If you can simulate sun glare or reduced visibility, see whether sensors degrade gracefully or produce erratic behavior.
8. Fallback behavior: Intentionally create a situation where the system requests driver takeover (e.g., blockage detection). Time how quickly the system alerts and what the fallback maneuver is.

What to log during the demo

• Exact location, time, and duration of each test; note software version and VIN again before and after.
• Screen photos or video (ask permission) showing the system state, warnings, and any alerts.
• Any unexpected behavior: write down the sequence and whether the dealer recorded it.

Part B — Software updates and lifecycle questions to ask

Software defines semi-autonomous capabilities more than hardware. Ask these questions up front and insist on written answers where possible.

Key questions for the dealer or OEM rep

• Update cadence: How frequently does this vehicle receive OTA updates? (Major versions vs minor patches.)
• Update validation: Are updates alpha/beta tested on public roads, and what internal QA does the OEM perform before a wide release?
• Forced or optional updates: Can the owner delay or reject an update? Are any updates mandatory for safety or warranty retention?
• Rollback capability: If a new release causes regression, can it be rolled back and who manages that process?
• End of software support (EOSS): For how many years will the OEM supply new features, safety patches, and security updates?
• Beta programs and opt-in: Is the car enrolled in any early-access program that changes behavior? Can you opt out?
• Subscription model and transferability: Are key features subscription-based (e.g., “FSD subscription”)? Are subscriptions transferable to a new owner, or do they terminate at resale?
• Data and logs: What telemetry does the OEM collect, how long are logs retained, and how can you obtain them after an incident?
• Security and auditing: Has the software had independent security audits or bug-bounty programs? How does the OEM notify owners of vulnerabilities?

Part C — Liability: who pays and who is responsible?

Legal responsibility for crashes involving driver-assist systems is an evolving area. In most jurisdictions today, the human driver remains responsible for safe control of the vehicle, but that is shifting as regulators and courts examine OEM roles.

Questions to clarify liability before purchase

• Ask the dealer to provide the system’s owner’s manual section that explains limitations and recommended use.
• Request any written disclaimers the dealer or OEM gives drivers about feature limitations and required attentiveness.
• Ask how responsibility is handled if a crash is linked to a faulty software update — will the OEM cover damages or assist with claims?
• Check if the OEM offers a legal or claims help line for incidents involving autonomous features.
• Confirm whether the OEM will provide event data recorder (EDR) logs to owners or law enforcement and the process for obtaining them.

Practical notes on liability in 2026

Because courts and regulators are still clarifying standards, you should assume you — the driver or registered owner — will initially be the first party dealing with insurers and liability claims. Ask how quickly the manufacturer cooperates with forensic investigations and whether they accept liability in clear cases of software defects.

Part D — Insurance implications: what to ask your carrier

Semi-autonomous features can reduce some risks (rear-end collisions, lane-departure) but create new risks (misinterpretation of signs, intersection errors). Insurers are still adapting underwriting models in 2026; you should get insurer input before you buy.

Discuss these items with at least one insurer (ideally before purchase)

• Provide the VIN and software package names; ask for a written rate quote that lists any premium adjustments tied to the ADAS/FSD package.
• Ask whether the insurer discounts safety features (AEB, lane-keep), how they treat automated lane change/level‑2 features, and whether discounts change after OTA updates.
• Inquire about telematics: will the insurer use OEM data to price the policy, and what consent will you sign to share vehicle logs?
• Confirm how the insurer handles claims where software behavior is in question (e.g., does the insurer require OEM logs?).
• Check whether your insurer excludes coverage for certain automated modes or requires additional endorsements.

Trends insurers are using in 2026

Many major insurers now incorporate telematics and crash causation models that consider whether a driver-assist system was active. Some carriers offer explicit discounts for proven safety functions but may raise premiums where systems are unpredictable or lack robust driver monitoring.

Red flags to walk away from

• No clear documentation on software versions, updates, or end-of-support.
• Dealer refuses to let you test key scenarios (intersections, lane merge) under safe conditions.
• System allows extended “hands-off” operation without effective monitoring.
• Subscription fees required for safety-critical functions, and the seller cannot confirm transferability.
• OEM or dealer cannot provide incident history or has a history of unresolved safety recalls.

Case study: a real-world buyer decision (anonymized)

Buyer profile: urban commuter buying a compact EV with a popular semi-autonomous package. After the demo, the buyer noted inconsistent red-light recognition at one intersection and recorded the incident. The dealer confirmed the car was enrolled in an experimental release that week. The buyer took three actions before purchasing: (1) requested the car be reverted to the stable public release, obtaining a signed confirmation; (2) contacted their insurer with VIN and feature list and secured a policy with coverage for software-related incidents; (3) negotiated a warranty extension for software support and a clause ensuring access to system logs after any crash. The result: the buyer reduced exposure to unpredictability and gained contractual assurances, and later avoided a costly claims dispute when a minor software-induced lane drift was fixed by an OTA patch under warranty.

Detailed printable checklist — use this at the dealer or with a private seller

1. Record VIN and current software version (before and after the test drive).
2. Request incident/service history linked to ADAS/FSD features.
3. Confirm whether the vehicle is in any beta program; opt out if you prefer stable release.
4. Test driver-monitoring enforcement (hands-off vs camera attention).
5. Test adaptive cruise + lane-keep at multiple speeds and document behavior.
6. Test intersection and traffic-light behavior (safely and legally).
7. Test lane-change behavior and gap acceptance.
8. Test fallback alerts and takeover time; record latency.
9. Check behavior in adverse conditions (sun glare, construction zones) where possible.
10. Ask whether updates are mandatory and whether rollback is possible.
11. Ask for the OEM’s EOSS date (years of support for updates/security patches).
12. Confirm subscription costs and transferability on resale.
13. Obtain written policy on OEM cooperation for post-crash investigations and log access.
14. Get the seller/dealer to confirm in writing who pays for software-caused repairs or incidents.
15. Request documentation of any independent security audits or bug-bounty programs.
16. Obtain insurer pre-approval or a written quote based on VIN and software package.
17. Check for open recalls or ongoing regulatory probes affecting the model.
18. Verify whether the OEM provides a tamper-evident record of software updates (audit trail).
19. Confirm how long the dealer will keep logs for test-drive incidents and who has access.
20. If buying used, verify that the seller can transfer any remaining subscription or that there is a refund/discount if features can't be transferred.

Advanced strategies for cautious buyers

• Wait for maturity: If the model is newly launched with aggressive ADAS marketing, consider waiting 6–12 months for public releases and early patches.
• Lease instead of buy: Leasing can lower long-term risk if software behavior changes and you want flexibility when returning the vehicle.
• Negotiate warranty language: Ask the dealer to add explicit software support and liability cooperation clauses into the sales contract.
• Choose hardware redundancy: Favor vehicles with multi-sensor arrays (camera + lidar/radar) and proven sensor fusion when available; redundancy reduces single-point failures.
• Keep records: Save all update notes, screenshots, and written dealer/OEM responses — they matter if you later dispute a claim.

Final takeaways: buy with curiosity, document everything, and loop in your insurer

Partially automated systems are powerful but not infallible. In 2026 the most responsible buyers evaluate both the technology and the governance around it: OTA update policies, data access, manufacturer cooperation, and insurer treatment. Use the demo‑drive tests above, insist on documentation, and secure insurance terms before committing. That approach protects your safety and your wallet.

Call to action

Ready to compare semi-autonomous packages side-by-side? Download our printable Safety Checklist for Partially Automated Cars, get a free VIN-based insurance compatibility check, and see local listings with current software versions and update histories on CarCompare. Start your comparison now — and drive away confident, informed, and protected.

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