Yes!!! Enhanced summon is on its way.....

[Daniel in SD]

I doubt Tesla will be a defendant in anything because you don't have to use the product.

You assume liability when you accept the "turn on".

I'm talking about the situation where a third party is injured by enhanced summon.

 

[Garlan Garner]

I'm talking about the situation where a third party is injured by enhanced summon.

It doesn't matter what the feature is or who the manufacturer is.

Look up Tesla autopilot injuries...

Find me a winning lawsuit.

 

[Daniel in SD]

You push the button to use it at your own risk / your own liability. Just like with any other car.

There have been plenty of successful product liability lawsuits against other car companies.

 

[Garlan Garner]

There have been plenty of successful product liability lawsuits against other car companies.

I didn't ask about that.

I'm talking about "WINNING" lawsuits. not just lawsuits. Anyone can sue anybody. Its if you win that makes the difference. A lawsuit simply means that you take someone to court.

Find me a Tesla winning lawsuit.

 

[Daniel in SD]

I didn't ask about that.

I'm talking about "WINNING" lawsuits. not just lawsuits. Anyone can sue anybody. Its if you win that makes the difference. A lawsuit simply means that you take someone to court.

Find me a Tesla winning lawsuit.

Looks like Tesla settled out of court for some unintended acceleration lawsuits.
Bloomberg - Are you a robot?
And those are likely frivolous!

 

[Garlan Garner]

I'm talking about the situation where a third party is injured by enhanced summon.

Ok lets play it out.

Lets back up for a min.

Lets say a person activates enhanced/advanced summon.

From what I've seen on videos Enhanced summon travels about 2 to 3 mph.

I'm quite sure that there is some kind of something that Tesla will have a person click on that says something like. Activating this feature requires you to watch your car at all times during its operation. "Remember now - you can only have a legit opportunity to win a lawsuit if you were following all of the manufacturers instructions".

Now....lets say that someone gets injured and you are in court.

Judge says: "Let me get this straight".

" You were following all of the instructions that Tesla gave you to watch your car at all times while this feature is in operation - Right?"

You say: "Yes"

Judge says " So you were watching your car move at 2 miles per hour while - it - ran - someone - over". "Do you know how slow 2 mph is?"
"You pushed some kind of activation that enacted your car to run over someone at 2 mph WHILE YOU WATCHED / and didn't turn it off - and now you want me to hold Tesla liable"?

_________________________

if this is what you are saying...please invite me to see this. I'll bring the popcorn.

 

[Garlan Garner]

Looks like Tesla settled out of court for some unintended acceleration lawsuits.
Bloomberg - Are you a robot?
And those are likely frivolous!

Sooo….no winning lawsuit....hugh?

 

[S4WRXTTCS]

Ok lets play it out.

Lets back up for a min.

Lets say a person activates enhanced/advanced summon.

From what I've seen on videos Enhanced summon travels about 2 to 3 mph.

I'm quite sure that there is some kind of something that Tesla will have a person click on that says something like. Activating this feature requires you to watch your car at all times during its operation.

Now....lets say that someone gets injured and you are in court.

Judge says: "Let me get this straight".

" You were following all of the instructions that Tesla gave you to watch your car at all times while this feature is in operation - Right?"

You say: "Yes"

Judge says " So you were watching your car move at 2 miles per hour while it ran someone over". "Do you know how slow 2 mph is?"
"And since you were watching your car run over someone at 2 mph - you want me to blame Tesla"?

In previous versions of summons there have been reported cases where the car owner was watching over summons, but failed to get the thing to stop in time. Either the app messed up, or the latency in the system caused the problem.

In any case the owner wasn't aware that all he had to do is grab a door handle to stop it.

Obviously with enhanced summons the act of grabbing a door handle would be impossible. So if somehow there was a bug with the control system then how would the owner stop the car? He can't teleport himself over to it.

Can you reasonably expect the owners insurance to pay for it when it was the technical glitch with the car itself?

Insurance companies are busy absolving themselves of any responsibility to pay for damages done during autonomous driving. I believe at least a couple of them have introduced language in their policies stating that they won't cover damages done during autonomous driving. Now I don't think this covers Enhanced Summons because that still requires human oversight. They were mostly getting ahead of true L4 self parking, and L3 driving modes.

But, insurance companies are squirmy so who knows that they'll say about enhanced summons.

Luckily it will only take a few days from the wide release of enhanced summons till something happens somewhere.

 

[Daniel in SD]

Ok lets play it out.

Lets back up for a min.

Lets say a person activates enhanced/advanced summon.

From what I've seen on videos Enhanced summon travels about 2 to 3 mph.

I'm quite sure that there is some kind of something that Tesla will have a person click on that says something like. Activating this feature requires you to watch your car at all times during its operation. "Remember now - you can only have a legit opportunity to win a lawsuit if you were following all of the manufacturers instructions".

Now....lets say that someone gets injured and you are in court.

Judge says: "Let me get this straight".

" You were following all of the instructions that Tesla gave you to watch your car at all times while this feature is in operation - Right?"

You say: "Yes"

Judge says " So you were watching your car move at 2 miles per hour while - it - ran - someone - over". "Do you know how slow 2 mph is?"
"You pushed some kind of activation that enacted your car to run over someone at 2 mph WHILE YOU WATCHED / and didn't turn it off - and now you want me to hold Tesla liable"?

_________________________

if this is what you are saying...please invite me to see this. I'll bring the popcorn.

Advanced Summon may be perfectly safe. Or there could be situations that even when operated correctly it turns out not to be safe. Let's say it runs over a kids legs who is standing next to the car and invisible from the vantage point of the driver. The guardian of the kid has no idea that the car is about to start moving since no one is in the car. I'm not convinced that a jury would not find Tesla liable. It doesn't matter what waivers the driver of the car signed.
I'm sure there are situations that I haven't thought of. I just hope Tesla has.

 

[Daniel in SD]

Sooo….no winning lawsuit....hugh?

I guess you can never lose a lawsuit if you always settle. You've got me there
I don't think we've seen an autopilot lawsuit where a third party is injured. That's where it will get interesting.

 

[S4WRXTTCS]

Sooo….no winning lawsuit....hugh?

I don't expect to see any winning lawsuits as the vast majority will be settled out of court.

We're not talking about a lot of incidents where it would be covered by a class action lawsuit. Instead it's just a few cases here, and there that you see information about the lawsuit being filed but nothing about what became of it.

 

[Garlan Garner]

Advanced Summon may be perfectly safe. Or there could be situations that even when operated correctly it turns out not to be safe. Let's say it runs over a kids legs who is standing next to the car and invisible from the vantage point of the driver. The guardian of the kid has no idea that the car is about to start moving since no one is in the car. I'm not convinced that a jury would not find Tesla liable. It doesn't matter what waivers the driver of the car signed.
I'm sure there are situations that I haven't thought of. I just hope Tesla has.

Wrong.

Yes it does. Absolutely it does.

 

[Garlan Garner]

Can you reasonably expect the owners insurance to pay for it when it was the technical glitch with the car itself?

Your car is insured. Period.

It does not matter who's fault it is.

Your insurance company will fix your car.

If its not your fault....then they go after the other persons insurance to get re-imbursed. That's how insurance works. If they deem it Tesla's fault....then they will go after Tesla to get re-imbursed.

Either way...you get your car fixed.

There is no such thing as an insurance company saying - "You are only covered if its not your fault" - unless you have an insurance policy with your friends brothers company in the back alley behind an abandoned piggly wiggly.

 

[Az_Rael]

Audi

Audi was advertising that they would have responsibility for their Level 3 traffic Jam pilot and any accidents that occurred while the system is active. Don’t know that they have gotten approval to use it anywhere though since it is truly hands and eyes off.

 

[Daniel in SD]

Your car is insured. Period.

It does not matter who's fault it is.

Your insurance company will fix your car.

If its not your fault....then they go after the other persons insurance to get re-imbursed. That's how insurance works. If they deem it Tesla's fault....then they will go after Tesla to get re-imbursed.

Either way...you get your car fixed.

There is no such thing as an insurance company saying - "You are only covered if its not your fault" - unless you have an insurance policy with your friends brothers company in the back alley behind an abandoned piggly wiggly.

I'm sure someone injured by advanced summon would sue BOTH Tesla and the cars owner. The cars owner's insurance might just pay out the coverage limit (if it's low enough not to be worth fighting) and then the plaintiff will go after the owner and Tesla for the remainder.

 

[diplomat33]

I guess Enhanced Summon is still in early access. I just got 2019.8 and no Enhanced Summon.

 

[Thp3]

I guess Enhanced Summon is still in early access. I just got 2019.8 and no Enhanced Summon.

I just got 2019.8.3 on my AWD, but no enhanced summon. I suspect it is in the 2019.9.x wireless updates. More waiting.

I did get a power update which is nice.

 

[diplomat33]

I just got 2019.8.3 on my AWD, but no enhanced summon. I suspect it is in the 2019.9.x wireless updates. More waiting.

I did get a power update which is nice.

My release notes for 2019.8 had the power increase, autosteer stop light warning, summon fob, sentry mode and dog mode.

 

[SpudLime]

I guess Enhanced Summon is still in early access. I just got 2019.8 and no Enhanced Summon.

Based on the videos, Im glad.. Let them test a lot more.

 

[S4WRXTTCS]

Your car is insured. Period.

It does not matter who's fault it is.

Your insurance company will fix your car.

If its not your fault....then they go after the other persons insurance to get re-imbursed. That's how insurance works. If they deem it Tesla's fault....then they will go after Tesla to get re-imbursed.

Either way...you get your car fixed.

There is no such thing as an insurance company saying - "You are only covered if its not your fault" - unless you have an insurance policy with your friends brothers company in the back alley behind an abandoned piggly wiggly.

I do agree with you for the most part.

My only concern is some of the languages insurance companies have added where they specifically say they won't cover it if the self-driving mode was engaged.

Now I don't believe enhanced summons falls under this, but I could see a insurance companies try to weasel out of it.