I think there is an argument for removing this ambiguity by making self driving cars automatically liable for all personal injury, whether the person be inside or outside the car. The only exception would be if the tester could prove intent by the other party, keeping in mind that a self-driving car will have extensive logs of its environment to use in such a defence. Supporting arguments include:
1) The physics of driving isn't random, so it could be said that there are no accidents in autonomous driving, only oversights.
2) It would set a minimum performance level by making it prohibitively expensive to have a dangerous car. Those who test responsibly would have a low enough injury rate that they could deal with the risk by taking out suitable insurance.
3) It would provide a strong incentive to make the best car possible and not to take expedient shortcuts.
4) Over time automatically liability would become irrelevant if it asymptotically forces the injury rate to zero.
5) We have an historic opportunity to create a culture that will eliminate the danger of cars. It might have an increased short-term once off cost, but a huge long term payoff in the reduction of health costs and human misery. If we miss this opportunity we will be stuck with the long term cost of an industry that will be competitively driven towards poorer performance, potentially against the will of the majority of players, by the actions of a few.