It is going to come down to the insurance companies. These first few crashes are going to be a nightmare of legal issues and set a lot of precedent. Likely, Tesla and the others are not going to be fined a lot, but they are going to be held accountable in some small way. As such, the insurance companies are going to set very stringent requirements for the 'new' auto-driving features or they are going to come up with some crazy clauses when using the features.