Facts, Stats and Figures
- 37,461 deaths occurred on US Roadways in 2016.
- Over the last 20 years an average of 38,895 people have died on US roadways
- It has been stated by the CDC, based on 2012 statistics, that for every fatality on the road, 8 people are hospitalized and 100 people are treated and released by Emergency Departments
- Given that up to 96.2% of all auto accidents can be attributed to human error, there is much to debate in every auto accident.
Buildup was the most common abuse. Claims with the appearance of buildup accounted for 15 percent of dollars paid for BI and PIP claims in 2012
Automobile claim fraud and buildup added $5.6 billion-$7.7 billion in excess payments to auto-injury claims paid in the U.S. in 2012
Excess payments represented 13-17 percent of total payments under the five main private-passenger auto injury coverages
The State of Insurance Fraud Technology "A study of insurer use, strategies and plans for anti-fraud technology" November 2016
“Insurers that embrace the right mix of tools, staffing, training and technologies will continue to experience reduced claims costs, more accurate pricing, (and) a competitive edge...”
- In the 1990s insurers said that for every dollar they invested in anti-fraud efforts, including SIUs they got up to $27 back.
- “66% of SIU claimants, when asked for accident data, withdrew their claim. ” - Subject to change
- It regulates the data collection, elements, capture and crash survivability of EDRs voluntarily placed on vehicles by the manufacturer.
- The National Highway Traffic Safety Administration (NHTSA) did not want to stifle the voluntary push in technology by the manufacturers, and decided that given the current status of EDR installation that a mandate would be mildly effective.
Ownership resides with the owner or lessee of the vehicle in which the EDR is installed.
Privacy of EDR data is a more complex issue. Simply stated the owner or lessee is the only individual who can access the data, but this regulation is designed with multiple exceptions.
Owner Authority - Written, electronic or recorded audio consent
Authority to Inspect and Investigate by the NTSB or DOT, per Code of Federal Regulations Title 49 Subtitle VI Part A Chapter 301 Subchapter IV § 30166
Facilitation of Emergency Medical Needs
Traffic Safety Research
- Any data obtained is subject to the standard for admission into evidence required in that court
- It is common after a severe or fatal auto accident for law enforcement to obtain a warrant for the crash data from the vehicles involved
- It is estimated that the Bosch CDR Tool, we use, is supported by over 160 million registered vehicles in the United States and Canada.
- It has never failed an admissibility hearing due to the validity of the data itself.
- Although this risk exists, by 2016, the data has been accepted in over 100 admissibility hearings, two of which occurred in cases being heard by the US Supreme Court
- Event Data Recorders: A Decade of Innovation, SAE-PT139, ISBN-978-0-7680-2066-3, Pg.11
- In 1974 GM started placing black boxes on vehicles that included airbags for the research and development of these new in-vehicle safety device
- Currently there are no federal regulations that require automobiles in the US to have EDRs. Although the topic was discussed the consensus was that most manufactures include these devices voluntarily
- The current regulations enforced in 2013 require specifics regarding data collection, elements, capture and crash survivability.
- The data collected by an EDR is objective. It is scientifically sound, and has been used for years in product liability, fatality and multi-million dollar cases