European driving liability has been built around compulsory insurance and its six Directives. Based on strict liability, the question ‘Who must respond for harms caused in an accident when an automated vehicle is involved’ is so popular as needless: whoever creates the risk putting the automated vehicle on the road must assume liability for the damage created. Broadly considering that an automated vehicle is a technological product, and therefore fallible, this work approaches the research of automated vehicles and their liability regime from the comparative perspective of the European consumer protection, without losing sight of the compulsory insurance regime, and answers the following questions: Does the defective product liability regime apply to automated vehicles? Can a software defect be equated with a construction defect? Are persons on board an automated vehicle users of a product/service or can they be considered drivers and occupants?