| BlueStreak |
As many of you know I work for an insurance carrier in the exec. offices and daily we receive bulletins of proposed and pending legislation that could affect our business. I saw this the other day and it's too good not to share.
Many of you have asked about the EDR (aka the black box) that records data in our autos. As I have posted before, who owns the data and who has access to the data has been in and out of courts for a couple years now. And with recent focus on data privacy the laws are starting to get better defined on who owns the data, who has access to it, and under what conditions.
Any most of you should already know, one of the terms of your insurance policy is that you cooperate with your carrier in the event of a loss. So does this mean Joe Consumer has to give the insurance company access to this EDR data? Does withholding this data constitute a breach of policy terms? Can the carrier hold payment due to not having access to this data?
As you read this article keep in mind this is written for the insurance industry, which wants access to this data for a number of sound reasons (which would take too long to address here). Personally, as one who is a privacy advocate yet at the same time working to keep insurance affordable for consumers, I'm in a tough position. I see valid arguments on both sides.
Finally, as you read this keep one thing in mind. Progressive is already piloting a system where a device is connected to the OBD port and records data as you drive. This data is voluntarily sent to Progressive to be used in rate making. You could save and you could be surcharged. Is it right? Would this make you take action that you might otherwise not to just to save a few $$ on premiums?
Anyway, enjoy the reading.
Pending Event Data Recorder Legislation
Arkansas SB 51 passed the Senate by a vote of 32-0, and would give the vehicle owner at the time of a collision perpetual exclusive ownership of the EDR data, to the exclusion of lien-holders and insurers. Lien-holders and insurers would also be prohibited from making a release of lien or the settlement of any claim contingent upon a vehicle owner’s consent to downloading of data.
On a positive note, the bill was amended by the Senate to require the cooperation of an insured if required in the policy language. Unfortunately, the bill was later amended by the House to weaken the cooperation language, and passed by a vote of 83-3. The bill remains problematic with regard to third-party claimants. The bill has been returned to the Senate for concurrence in the House amendment.
North Dakota SB 2200 passed the Senate by a vote of 47-0, becoming increasingly worse as it moved through committee. Aside from placing severe restrictions upon access to data, the amended bill would now make downloaded data inadmissible in any court proceeding. The bill remains in the House Transportation Committee.
Substitute HB 160 passed the Texas House by a vote of 142-0. The bill as introduced only applied to law enforcement. As amended, the bill now applies broadly to insurers as well.
Unfortunately, legislation pending in other states would impose explicit restrictions upon insurers. While Virginia HB 2135 is now essentially dead for 2005, it would have prohibited any motor vehicle insurance policy contract language that authorizes or entitles the insurer to access or download data in an EDR.
The New York (AB 872 and SB 850) and Tennessee (HB 1303 and SB 1850) legislation is the Alliance of Automobile Manufacturers model bill.
A variety of other bills propose an array of problematic approaches to the issue: Alaska SB 18; Montana HB 322; New Hampshire HB 599; Tennessee HB 1304 and SB 1806; Virginia HBs 2134, 2468, and 2469; and West Virginia HB 2850. |
|
|
| Dick at Incline |
| I bought a Davis CarChip, and plugged it into my OBDII connector. Here's an example of the kind of data it will record. (Maybe I don't want the insurance company to know that I spent a little time over 80mph.) Anyway, I hope the attachment works to display the Speed vs Time plot. |
|
|
|
