Friend was T-boned by a Tesla driver (don't know what model); the Tesla driver was deemed at fault by cops (although they didn't give a citation), but Tesla driver said no insurance; supposedly a dispute with their insurance company. Our friend and everyone in her car had to go to the hospital (California, possible neck/spinal injuries) and her car is being totaled. Found that Tesla owner lives in $6m house and the Tesla was purchased around end of 2021 or early 2022 (and you can't take delivery of a Tesla in California (probably all states) without proof of insurance). It's hard to believe this driver doesn't have insurance or the means to cover the damages / injury. I believe all Tesla's automatically record before/after video of an accident on impact (as opposed to manually beeping the horn). And I know Tesla has access to telemetry data (speed, in our out of AutoPilot, FSD, braking, steering, etc.). Who can request that info and from who? I assume the driver has the video and Tesla has access to telemetry. Court? Cops? Her insurance co? Or her lawyer (she's trying to avoid a lawyer--wouldn't be an issue if the guy had insurance). It's absurd the person doesn't have current insurance, but he apparently has the means. Perhaps with a court order to provide video and telemetry, the owner would cover the costs / expenses without my friend having to hire an attorney. So if someone knows how to legally obtain video and telemetry, please let me know. Thanks.
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Don't shoot the messenger since I have a MY, but a friend got hit by someone in a Tesla. Is there a way to demand camera and telemetry data?
- Thread starter slmskrs
- Start date
Telemetry data could be requested (but not necessarily provided) and if the Tesla driver was at fault, that dashcam flash drive is likely already reformatted (unless the Tesla driver is an idiot and wants to keep evidence against them). Since video doesn’t leave the vehicle, Tesla can’t provide it.
If the police report shows them at fault, any decent attorney should be able to recoup your expenses. ESPECIALLY if the driver/owner is affluent.
If the police report shows them at fault, any decent attorney should be able to recoup your expenses. ESPECIALLY if the driver/owner is affluent.
Tough situation. You really have no legal way to demand the video. Besides, all they have to do is say they didn't have a USB drive attached which would mean no video was even recorded in the first place.
As far as the telemetry data, you can request from Tesla, but I think this would be an uphill battle.
In the end, you're gonna have to get a lawyer and document everything you spend on the lawyer. Odds are, your friend is likely going to have to use their own insurance for their car. I know it's a little late, but take this opportunity to use this to help others understand the importance of a good quality fromt/back dash cam, and to get one *right now* if they don't have one.
Insurance should pay to fix your friends car under the "uninsured motorist" portion of their plan, which they hopefully have. They can then they can go after the Tesla owner for the deductible and diminished value to include layer fees. Then, sure for any punitive damages suffered for the injuries. Honestly, if this guy is as well off as it appears, park bench lawyer firms will fight to represent your friend and every one of their passengers. They would likely take it without compensation pending the outcome of the litigation (for an increases percentage).
As far as the telemetry data, you can request from Tesla, but I think this would be an uphill battle.
In the end, you're gonna have to get a lawyer and document everything you spend on the lawyer. Odds are, your friend is likely going to have to use their own insurance for their car. I know it's a little late, but take this opportunity to use this to help others understand the importance of a good quality fromt/back dash cam, and to get one *right now* if they don't have one.
Insurance should pay to fix your friends car under the "uninsured motorist" portion of their plan, which they hopefully have. They can then they can go after the Tesla owner for the deductible and diminished value to include layer fees. Then, sure for any punitive damages suffered for the injuries. Honestly, if this guy is as well off as it appears, park bench lawyer firms will fight to represent your friend and every one of their passengers. They would likely take it without compensation pending the outcome of the litigation (for an increases percentage).
thesmokingman
Active Member
Thanks everyone. Good point on the driver simply claiming there is no video. My friend has 'uninsured motorist'; it really comes down to whether or not their insurance company will spend the time to go after this person; doesn't seem likely without her getting an attorney. As everyone knows, rental cars are expensive; her's doesn't cover a lot of days. Really crappy situation.
I'll pass the info along. Thanks everyone!
I'll pass the info along. Thanks everyone!
ucmndd
Well-Known Member
I’m not a litigious person and this would absolutely be my instinct as well but as someone that just finally finished a complicated 2 year saga due to a head on collision with an uninsured drunk - this is not an “avoid a lawyer” situation. You want, and will likely need, representation to achieve a favorable outcome in a case like you describe.
Don’t wait. Find someone competent now.
TigerNinety
Member
clydeiii
Member
Seems incredibly unlikely this Tesla owner with a $6m house doesn't have insurance... Idk about CA, but here in MD the state will fine you for every month you drive around without it...
Have no idea why folks are suggesting the friend lawyer up, when they have uninsured motorist coverage. The friend's insurance company will take care of the costs, then the insurance company will go after the uninsured, at-fault driver's assets. The insurance company is already "lawyered up". Why would the friend get themselves directly into litigation hassles they don't need to?
I think folks are commingling this with the more typical cases where motorists are uninsured because they're in a bad personal and financial position, and have no assets worth going after.
I think folks are commingling this with the more typical cases where motorists are uninsured because they're in a bad personal and financial position, and have no assets worth going after.
Better Call Saul. In all seriousness. If the car is totaled your friend needs to go shop for another car. No need for a rental (at least not for a long term). Let insurance deal with the other party.
It’s a rainy day, time to use rainy day fund, get different car, move on with your life. Insurance will pay out for the totaled car soon enough. Put that back into the rainy fund.
It’s too much headache to get worked up. World is a shitty place. Keep your mental state.
It’s a rainy day, time to use rainy day fund, get different car, move on with your life. Insurance will pay out for the totaled car soon enough. Put that back into the rainy fund.
It’s too much headache to get worked up. World is a shitty place. Keep your mental state.
I am not from US but I would only go to your friends insurance, not to a lawyer.
Lawyer would be necessary only in the case that non of you are insured and even in that case would be kind of easy if the police report states that the other driver is at fault.
But your friend have insurance then let them take the cost of a new car and go after the tesla owner by themselves. Hopefully the tesla owner will end up paying but this would be between them and the insurance not having your friend involved.
Lawyer would be necessary only in the case that non of you are insured and even in that case would be kind of easy if the police report states that the other driver is at fault.
But your friend have insurance then let them take the cost of a new car and go after the tesla owner by themselves. Hopefully the tesla owner will end up paying but this would be between them and the insurance not having your friend involved.
LoneStarEve
Member
Dash cam footage is evidence so if you delete it that’s destroying evidence which is a crime in itself. Many people don’t realize this when they buy a dash cam.
However we don’t know if this guy has a USB drive in it so that would need to be proven buyers reasonable doubt.
A lawyer is required.
However we don’t know if this guy has a USB drive in it so that would need to be proven buyers reasonable doubt.
A lawyer is required.
Agreed. If the cop deemed the other driver at fault officially (by statement letter) then there is not a big need for lawyer. Simply use the uninsured motorist portion, and let the insurance go after the other party.
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