Well, there's nothing with a 0% probability of risk, so that threshold is not a real reason. Apple has deep enough pockets that if they prick 1:100,000 of their phones to die, they are in a similar boat. Ditto Microsoft and their OS.I'm referring to litigation. If a remote flash causes 1:100,000 GM cars to require towing to the dealer, there can be a class action suit. It's not a big risk to Tesla. Yes, the tech is out there and it works. But the failure level needs to 0, even with the stupidest possible owners, intentional disruption, and Acts of God such as lightning. It's not like you could sue Tesla for $10,000,000,000 and have the lawyers collect a check. You could sue GM though.
What's the risk that OnStar doesn't work in some life & death scenario, and GM gets sued as a result of a customer not being able to rely on it after an accident like is depicted in the TV commercials? It's non-zero, yet GM still sells On-Star.
VW and Toyota are the two biggest car companies, and the most successful. OTA reflashing is well-known off-the-shelf tech.
They are still waiting just like GM is. I think everybody wants to see what happens in the first lawsuit.
Courts are run by lawyers. Politicians are mostly lawyers. Lawyers do not want tort reform. So that's how large businesses with deep pockets must play the game. And why car prices are not going down.
There's lots of things that car makers don't implement, and many reasons for it.
Resting on their laurels, the desire to gradually implement tech on order to continue to drive model year sales, and the potential for alienating the dealer/service are much more likely, IMO. And the reason is precisely as you described: the tech is well known, mature, and has been around for a decade... not implementing for fear of reliability is either disingenuous, or an indicator that they aren't really in touch with what tech is capable of.