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My 2020 model S with free unlimited charging was just declared totaled by my insurance, is there anything I can do?

Even though I am critical of Tesla’s ADAS, I have to say I am siding with the ADAS this time.

The car swerved to avoid hitting the truck. It probably saved major injuries to the driver.

Also, a wire guard is not something the FSD or AEB systems can detect reliably. As it is, both systems are shown to be lacking in many aspects by testers on YouTube.

Fighting with Tesla will probably not be worth it. Those lawyers can suck up a lot of the money the Insurance paid the OP.
it’s beta so I’m not sure how much I can complain about it. My reaction time wasn’t fast enough to stop it from going on the grass. The biggest thing I’m upset about is that it didn’t brake when I took over and if the car is totaled you would think the airbags would go off.

I think swerve was the wrong word, there was a truck turning into my lane and my assumption is that the autopilot was trying to avoid it but it could have been another reason. it turns onto the median quickly right as the truck is changing lanes. I don’t think I was in trouble but maybe the car thought I was.

I think maybe the wire guard rail looked like lane markings? Not sure. I do have video not sure how to upload it.
 
it’s beta so I’m not sure how much I can complain about it. My reaction time wasn’t fast enough to stop it from going on the grass. The biggest thing I’m upset about is that it didn’t brake when I took over and if the car is totaled you would think the airbags would go off.

I think swerve was the wrong word, there was a truck turning into my lane and my assumption is that the autopilot was trying to avoid it but it could have been another reason. it turns onto the median quickly right as the truck is changing lanes. I don’t think I was in trouble but maybe the car thought I was.

I think maybe the wire guard rail looked like lane markings? Not sure. I do have video not sure how to upload it.
It would be an interesting watch for sure.
 
it’s beta so I’m not sure how much I can complain about it. My reaction time wasn’t fast enough to stop it from going on the grass. The biggest thing I’m upset about is that it didn’t brake when I took over and if the car is totaled you would think the airbags would go off.

I think swerve was the wrong word, there was a truck turning into my lane and my assumption is that the autopilot was trying to avoid it but it could have been another reason. it turns onto the median quickly right as the truck is changing lanes. I don’t think I was in trouble but maybe the car thought I was.

I think maybe the wire guard rail looked like lane markings? Not sure. I do have video not sure how to upload it.

Do you have the dash cam footage? I understand if you are thinking pursuing legal option not to post it here, but if you are okay, you could post it here.

EDIT: saw that you do have the footage. I have never up.landed a video here, but you can upload to YouTube and post a link, maybe.
 
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They said the estimated value is $83k for my 2020 model s. I will talk to them Monday to see if FSD is included in that valuation but not sure how any of that works.
After seeing this thread, I contacted my insurer, GEICO. They did not have the EAP as an added feature on my 2018 3. I had them add it. My premium went up by 4$ a month, but I am fine with it. You can check online with your insurance about FSD.
 
Do you have the dash cam footage? I understand if you are thinking pursuing legal option not to post it here, but if you are okay, you could post it here.

EDIT: saw that you do have the footage. I have never up.landed a video here, but you can upload to YouTube and post a link, maybe.

Rewatching the video:

first the truck is a lane over and it does not swerve, but it looks like it's trying to cross over 2 lanes so it's possible my car was trying to avoid it. It's just a guess I really have no idea why my car cut into the grass. It's possible my car got confused by the oncoming guardrail, I've seen that happen to other people in FSD videos.

Right before the 4 second mark the car is going straight for the guardrail. I had to make a split second decision if I was going to swerve right back into traffic and possibly hit the guard rail or swerve left into the grass. I thought the grass would be safer but I didn't know that the guardrails close in on each other and would trap me in.

From 3 seconds to 6 seconds I am pushing hard on the brake but it doesn't look like it's slowing down much. I don't know if this is normally enough time to stop in an emergency or if the grass makes it impossible.

Throughout the whole video the car never does any beeping or alerts that i'm leaving the lane or any collision warning that i'm going to hit something like it normally does. The airbags don't go off and I'm able to reverse, turn around and drive like normal and the car doesn't alert me that anything is wrong.

Is this the risk you take with FSD beta, or is this something that went wrong that shouldn't have? I don't know.

Video: VEED - 2022-08-12_06-54-51-front.mp4
 
Rewatching the video:

first the truck is a lane over and it does not swerve, but it looks like it's trying to cross over 2 lanes so it's possible my car was trying to avoid it. It's just a guess I really have no idea why my car cut into the grass. It's possible my car got confused by the oncoming guardrail, I've seen that happen to other people in FSD videos.

Right before the 4 second mark the car is going straight for the guardrail. I had to make a split second decision if I was going to swerve right back into traffic and possibly hit the guard rail or swerve left into the grass. I thought the grass would be safer but I didn't know that the guardrails close in on each other and would trap me in.

From 3 seconds to 6 seconds I am pushing hard on the brake but it doesn't look like it's slowing down much. I don't know if this is normally enough time to stop in an emergency or if the grass makes it impossible.

Throughout the whole video the car never does any beeping or alerts that i'm leaving the lane or any collision warning that i'm going to hit something like it normally does. The airbags don't go off and I'm able to reverse, turn around and drive like normal and the car doesn't alert me that anything is wrong.

Is this the risk you take with FSD beta, or is this something that went wrong that shouldn't have? I don't know.

Video: VEED - 2022-08-12_06-54-51-front.mp4
It seems incredibly odd that the car would freak out like that. I have people cut me off from time to time close enough to read what school honor roll their bratty kids are in.
 
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MP3Mike

Well-Known Member
Feb 1, 2016
20,384
51,610
Oregon
Free Unlimited Supercharging was Free for a period in 2020, and is not transferable. It did not cost anything, and does not increase the value of the car as a used car since it is not transferrable. The only argument would be for reimbursement for loss of use of a particular feature not on a newly purchased replacement. This won't be a good fight for a Tesla. Take the money, don't cause yourself a bunch of trouble. Move on.

@jrr6415sun I would show your insurance adjuster these tweets:




That should help show that FUSC is worth at least $5k. (At least on a new vehicle.)
 

SageBrush

REJECT Fascism
May 7, 2015
14,090
19,508
New Mexico
They said the estimated value is $83k for my 2020 model s. I will talk to them Monday to see if FSD is included in that valuation but not sure how any of that works.

In your shoes, I would write off the Supercharger value and concentrate on your insurance company's estimated replacement value of the car.
Start here: New & Used Electric Cars | Tesla

And perhaps add in the value of FSD if applicable
 
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Is this the risk you take with FSD beta, or is this something that went wrong that shouldn't have? I don't know.

It *is* the risk you take with FSD, because Tesla has put all responsibility on the driver. I don't think that's right though. As far as I can see from your video, your car ran you off the road for no reason.
 
Rewatching the video:

first the truck is a lane over and it does not swerve, but it looks like it's trying to cross over 2 lanes so it's possible my car was trying to avoid it. It's just a guess I really have no idea why my car cut into the grass. It's possible my car got confused by the oncoming guardrail, I've seen that happen to other people in FSD videos.

Right before the 4 second mark the car is going straight for the guardrail. I had to make a split second decision if I was going to swerve right back into traffic and possibly hit the guard rail or swerve left into the grass. I thought the grass would be safer but I didn't know that the guardrails close in on each other and would trap me in.

From 3 seconds to 6 seconds I am pushing hard on the brake but it doesn't look like it's slowing down much. I don't know if this is normally enough time to stop in an emergency or if the grass makes it impossible.

Throughout the whole video the car never does any beeping or alerts that i'm leaving the lane or any collision warning that i'm going to hit something like it normally does. The airbags don't go off and I'm able to reverse, turn around and drive like normal and the car doesn't alert me that anything is wrong.

Is this the risk you take with FSD beta, or is this something that went wrong that shouldn't have? I don't know.

Video: VEED - 2022-08-12_06-54-51-front.mp4

If that was the FSD driving as you have said it is, that’s terrible. The truck moved into the adjacent lane, and looks like that spooked the FSD into thinking it was going to move one more lane over. It had plenty of space to brake, but swerved instead into the median?
WTF!
 
I don’t want to turn this thread into an argument about the accident, but I had the full self driving beta on in aggressive mode on the highway going 65-70ish mph. A truck swerved in front of me into the left lane. I am assuming the autopilot thought the median/grass was another lane because it changed into it to avoid the truck and I was not able to stop it in time. There was a wire guard rail on the left that went into a V shape with a metal guard rail on the right and the car ran into the bottom of the V and was hit on both sides and the front. I was slamming on the brakes the whole time but the car wasn’t stopping, although I only had 2-3 seconds before I hit something and i’m not sure how good the brakes are on grass. The car didn’t beep at all, no beeping that I was going out of the lane, no beeping that I was about to hit something. It didn’t try to stop, airbags didn’t go off etc. Usually if i’m close to hitting something whether i’m in autopilot or not the car will brake instantly.

If the wire guard rail wouldn’t have been there my car would have been fine, but the wire really destroyed the car all around it. I didn’t get hurt at all which is good though. No other cars were involved. The city says the guard rail is probably $20k+ to replace.
What a bummer. I have a 2020 with FUSC and it would suck to lose it, but I think I would try to get some diminished value and move on. I have home charging and even though I drive 30K miles a year and take road trips, I only value FUSC at $800 a year.
 
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In your shoes, I would write off the Supercharger value and concentrate on your insurance company's estimated replacement value of the car.
Start here: New & Used Electric Cars | Tesla

And perhaps add in the value of FSD if applicable

My mileage is 27k. There is one around that for $90k, does "full self driving capability" mean it comes with FSD? Or you have to pay extra for it after you get the car?

Is the insurance company really going to take a value from what tesla is selling them for? They are definitely more than what I could buy it from on a site like carvana
 
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Insurance will pay you the money it will cost you to purchase an equilivent car.

well shouldn't they pay me what it would cost to get an "equivalent" car that has unlimited charging and FSD? It shouldn't matter what I paid for it. I paid $6k for FSD, but its value is much more now. Just like I paid $0 for unlimited charging and its value is a lot more now as well.
 
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If that was the FSD driving as you have said it is, that’s terrible. The truck moved into the adjacent lane, and looks like that spooked the FSD into thinking it was going to move one more lane over. It had plenty of space to brake, but swerved instead into the median?
WTF!
Yeah, that was quite the Fail if FSD was engaged and driving. It's never going to be for me until I can completely check out and feel safe enough to take a nap. These types of unnecessary errors and bugs need to be greatly reduced and eliminated entirely.

Meanwhile, as long as I am in the car, I have nothing better to do than to try to keep myself and passengers alive.
 
It *is* the risk you take with FSD, because Tesla has put all responsibility on the driver. I don't think that's right though. As far as I can see from your video, your car ran you off the road for no reason.
it’s beta so I’m not sure how much I can complain about it. My reaction time wasn’t fast enough to stop it from going on the grass. The biggest thing I’m upset about is that it didn’t brake when I took over and if the car is totaled you would think the airbags would go off.
I think there is a safe harbor statement when accepting the beta that says accidents can happen at any time, unpredictable... and the driver must be ready to take over at any time. The difficult part is as one used to use AP/NOA and now beta, when do you take over completely or just let it do its job? A split-second decision can affect the outcome completely. The problem of consistent inconsistency, in your scenario, most of the time I expect it can handle it without issue, it just brake slow down, but it appeared to went way off without reason, obviously if you brake as soon as the truck cuts into the lane then the outcome will be completely different.
 
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