Didn’t the NHTSA disagree with this conclusion?
The issue here is that the NHSTA will not Rate any car better than 5 stars. Say you take 10 cars and crash them all, 1 of them barely makes 5 star, 8 of them make 5 star easily, and the 10th one does so well, it is 1/2 as likely to injure you as the NEXT BEST 5* COMPETITOR.
The NHSTA will simply tell you they are all equally rated 5*, and ignore the fact that once the bar of 5* safety is achieved there is no rating for cars that are 2 or even 5 times safer than the competition, who are also rated 5*. This is borderline fraudulent to not give customers this information, or for them to imply that Tesla was wrong to claim lowest probability of injury.
There was never any discussion that Tesla made an incorrect claim, just that the NHSTA has rules that don't allow any further claim to be advertised better than 5*.
This is done to allow top end cars to compete roughly evenly on crash safety, despite the wide range of actual crash safety.