Who would be considered at fault if it ran someone over while self driving and driverless?
Self-driving - the person in (or supposed to be) behind the wheel.
Driverless - The company that owns the vehicle, at the moment, would be primarily responsible. There's going to be a total mess behind the scenes regarding who ultimately pays, but to protect consumers, the insurance company for the owner of the driverless vehicle would make the payouts to the vicitims of the at-fault driverless vehicle.
Are auto insurance companies already factoring Tesla’s capabilities/dangers into rates?
(asking seriously)
Is there any way to know if a Tesla is on Auto Pilot
if you are passed by one,
or pass one on the Interstate?
Teslas are very expensive to repair, and that is factored in to rates. With regard to the self-driving features, that's less clear because this technology is so new and constantly evolving, that insurers aren't saying a word about how they are rating these vehicles with regard to that technology.
In my job, I'm heavily involved in the discussions regarding liability/subrogation aspects of autonomous vehicles. Most insurers are lobbying to keep things simple up front, as I noted above. Person behind the wheel/person responsible for the vehicle is the at fault party, and they/their insurance pays. If the loss was ultimately the result of a programming or technological issue, the insurers will almost certainly be going after the manufacturers via subrogation or lawsuit to force the OEM's to reimburse for the settlement and claims costs. The OEM's (Musk in particular) will undoubtedly push back.