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Have your insurance company harass Tesla. Chances are they’ll come back with a report saying “driver depressing accelerator 13.42° at time of incident overridin

by mwint 5y ago

Have your insurance company harass Tesla. Chances are they’ll come back with a report saying “driver depressing accelerator 13.42° at time of incident overriding AEB and ignoring FCW for 5 seconds”. That’s usually how these kinds of stories end.

pdonis 5y ago
The OP's insurance company should be asking the other driver's insurance company to cover the loss. Then the other driver's insurance company should be harassing Tesla if it believes Tesla was responsible.
- mwint 5y ago
  OP’s insurance company can harass Tesla directly if they believe Tesla holds evidence of the true cause of the crash, which they probably do.
  - dragonwriter 5y ago
    But neither is going to go after Tesla, because insurance companies aren't about ferocious prosecution of potentially valid legal claims, or manifesting customer outrage, but getting things resolved in a final manner as quickly as possible with as little out of their pocket as possible. To go after Tesla for defective FSD over any individual accident takes a litigant who is more concerned with making a point and/or harming Tesla than cost effectiveness.
- soheil 5y ago
  It's probably safe to assume that if she were going to do that she would have done that the first she got into this type of high speed accident.
raylad 5y ago
I doubt they will do anything. They have a process: claims adjuster looks at the police report, looks at the wreckage, proposes a payment, closes the file. Anything else would be extra work on their part and not required or probably even encouraged.
xtracto 5y ago
That was my thought as well, over here, if a car rear-ends you, both conductors stop, call their respective insurance companies, wait until a representative arrives and let them deal with the consequences. As an individual we don´t have bargaining power vs stupid automotive choices. But insurance companies have in their best interests to make sure somebody else will pay.
fmakunbound 5y ago
I wonder if we'll see a difference liability insurance rates for Tesla owners vs. the others. If they're truly road-bound, OTA-distracted, undirected electric missiles, I'm sure we'll see a difference there before we hear back from NTSB.
FireBeyond 5y ago
Oh, you assume Tesla won't fight to the death to avoid releasing data recorder information. They will. Unless it "absolves" Tesla. Remember, this is the company that when someone died, put out actual PRESS RELEASES to say "Not the car's fault. In fact it warned him before the collision that he was inattentive." They neglected to mention it triggered ONE steering wheel warning... FOURTEEN MINUTES before the collision. Even your example is problematic. "FSD/AP isn't at fault/didn't cause the collision/near miss, because it wasn't engaged..." ... because the driver had to take emergency action to avert FSD/AP's behavior. They got taken to task for that, when investigatory boards started asking "just how long before that collision was FSD/AP disengaged, and was it disengaged by hard manual braking, etc.?"
- filoleg 5y ago
  > Oh, you assume Tesla won't fight to the death to avoid releasing data recorder information. They will. Last time this happened in a similar situation, the driver went to a third-party technician that was able to extract the log data, and it proved the same thing that Tesla was claiming. The driver was full-on pressing accelerator instead of the braking pedal.[0] Raw log data is present in that link, so it isn't just another "he said one thing, they said another thing" situation. But the driver in question was indeed fighting to death claiming their innocence, even thought the initial accident was already raising eyebrows of most people familiar with autopilot. It also helps that NHTSA has already investigated such claims before[1], so they looked into hundreds of cases that were claiming Autopilot suddenly accelerating and causing crashes. NHTSA discovered that not a single one happened due to autopilot, but due to the driver misapplying acceleration and braking pedal. 0. https://insideevs.com/news/496305/valet-crashes-tesla-data-recorder-legal-case/ https://insideevs.com/news/496305/valet-crashes-tesla-data-r... 1. https://static.nhtsa.gov/odi/inv/2020/INCLA-DP20001-6158.PDF https://static.nhtsa.gov/odi/inv/2020/INCLA-DP20001-6158.PDF
paxys 5y ago
Insurance companies aren't going to bother investigating autopilot until this issue gets a lot more widespread. Rear-end accidents happen thousands of times a day.

by mwint 5y ago

pdonis 5y ago

The OP's insurance company should be asking the other driver's insurance company to cover the loss. Then the other driver's insurance company should be harassing Tesla if it believes Tesla was responsible.

mwint 5y ago
OP’s insurance company can harass Tesla directly if they believe Tesla holds evidence of the true cause of the crash, which they probably do.
- dragonwriter 5y ago
  But neither is going to go after Tesla, because insurance companies aren't about ferocious prosecution of potentially valid legal claims, or manifesting customer outrage, but getting things resolved in a final manner as quickly as possible with as little out of their pocket as possible. To go after Tesla for defective FSD over any individual accident takes a litigant who is more concerned with making a point and/or harming Tesla than cost effectiveness.
soheil 5y ago
It's probably safe to assume that if she were going to do that she would have done that the first she got into this type of high speed accident.

raylad 5y ago

I doubt they will do anything. They have a process: claims adjuster looks at the police report, looks at the wreckage, proposes a payment, closes the file. Anything else would be extra work on their part and not required or probably even encouraged.

xtracto 5y ago

That was my thought as well, over here, if a car rear-ends you, both conductors stop, call their respective insurance companies, wait until a representative arrives and let them deal with the consequences. As an individual we don´t have bargaining power vs stupid automotive choices. But insurance companies have in their best interests to make sure somebody else will pay.

fmakunbound 5y ago

I wonder if we'll see a difference liability insurance rates for Tesla owners vs. the others. If they're truly road-bound, OTA-distracted, undirected electric missiles, I'm sure we'll see a difference there before we hear back from NTSB.

FireBeyond 5y ago

Oh, you assume Tesla won't fight to the death to avoid releasing data recorder information. They will. Unless it "absolves" Tesla. Remember, this is the company that when someone died, put out actual PRESS RELEASES to say "Not the car's fault. In fact it warned him before the collision that he was inattentive." They neglected to mention it triggered ONE steering wheel warning... FOURTEEN MINUTES before the collision. Even your example is problematic. "FSD/AP isn't at fault/didn't cause the collision/near miss, because it wasn't engaged..." ... because the driver had to take emergency action to avert FSD/AP's behavior. They got taken to task for that, when investigatory boards started asking "just how long before that collision was FSD/AP disengaged, and was it disengaged by hard manual braking, etc.?"

filoleg 5y ago
> Oh, you assume Tesla won't fight to the death to avoid releasing data recorder information. They will. Last time this happened in a similar situation, the driver went to a third-party technician that was able to extract the log data, and it proved the same thing that Tesla was claiming. The driver was full-on pressing accelerator instead of the braking pedal.[0] Raw log data is present in that link, so it isn't just another "he said one thing, they said another thing" situation. But the driver in question was indeed fighting to death claiming their innocence, even thought the initial accident was already raising eyebrows of most people familiar with autopilot. It also helps that NHTSA has already investigated such claims before[1], so they looked into hundreds of cases that were claiming Autopilot suddenly accelerating and causing crashes. NHTSA discovered that not a single one happened due to autopilot, but due to the driver misapplying acceleration and braking pedal. 0. https://insideevs.com/news/496305/valet-crashes-tesla-data-recorder-legal-case/ https://insideevs.com/news/496305/valet-crashes-tesla-data-r... 1. https://static.nhtsa.gov/odi/inv/2020/INCLA-DP20001-6158.PDF https://static.nhtsa.gov/odi/inv/2020/INCLA-DP20001-6158.PDF

paxys 5y ago

Insurance companies aren't going to bother investigating autopilot until this issue gets a lot more widespread. Rear-end accidents happen thousands of times a day.