Why do you assume the courts are incapable of handling this, or the law doesn't deal with it? Most likely you won't even own a self driving car, you'll be getting into a car owned by Uber or Google and they'll have to face liability, the same way you aren't liable as a passenger in a taxi if the driver gets into an accident.
On the victim side, you're actually more protected because a self driving car is less likely to be uninsured. If an uninsured driver hits you, you're just out of luck, they may go to jail but nobody is paying your bills. In the near term Uber or Google will have loads of insurance and loads of money to pay out claims.
In the case I need to assume control of the vehicle am I going to be fighting against the autonomous system for control? Not only will I need to understand the current environment and what others are doing around me; I also need to understand how the system is computing the situation and maintain control based on my observations and my observations of what the system is trying to do.
This will perhaps remind all of the Runaway Prius drivers something that people stopped teaching; Remove the key, It's the kill switch.
Maybe the answer will be Uber-like car fleet services that self-insure.