It would seem fair if they pointed to any actual data regarding the safety of such vehicles versus the safety of cars driven by humans but I see no such information provided. Or, it might seem fair if there was any company trying to actively sell self-driving cars to the general public right now.
I think this is a problem that would likely work itself out without legislation surrounding it. Companies, for the most part, would probably like to provide products that don't endanger the lives of their customers. Along with that, insurance companies I'm sure would love to reduce the risk of driving while maintaining the current cost of insurance. Therefore, I'm guessing they will be heavily involved in testing self-driving cars. If the findings aren't good I'm sure insurance costs would be extreme or not available at all.