Citation

Merolli M, Brink DO, Conran P, Garcia-Vieux J. Collision 2010; 5(1): 36-41.

Copyright

(Copyright © 2010, Collision Publishing)

DOI

unavailable

PMID

unavailable

Abstract

Event data recorders (EDRs) contain information that would be useful for automobile insurers. However, insurers need to consider the legal issues involved in accessing this data. This article discusses the current legal considerations involved in using crash data from EDRs. Currently, twelve states have laws addressing “black box” technology in automobiles. Each of these state laws give ownership of the information stored on an EDR to the vehicle’s owner. However, EDR information can be downloaded if the owner consents or upon court order. Several states have made specific reference to an insured’s obligation to cooperate with his insurer. In most states, consent is not necessary if the title has passed to the insurer after a total loss. In the 38 states that do not have statues, insurers must look at the applicable insurance policy and decisional law when determining their rights and obligations regarding the handling of EDR data. Insurers must also consider the admissibility of information from EDRs, their duty to investigate, and their duty to preserve evidence for their state. Insurers should also keep in mind that the legal statutes concerning the retrieval and use of EDR and other electronic information is still evolving.