Insurance and car data systems

Nov 11, 2009
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Our car policies are jointly up for renewal soon, and the renewal notice required a couple of changes such as reducing the annual mileage on the run about, and changing ownership/keeper details.

So as ever I read through the current Terms and Conditions and was quite surprised at the extension of conditions relating to the cars electronic safety and data systems. Basically the insurer has the right to access the cars retained or transmitted data in the event of a claim. Also there is an obligation on the policyholder to ensure that all data updates relating to safety systems are installed. This isn't just for recalls. So assuming an owner takes the car in for its annual service it receives updates, but the owner may not have to go for another service in some cases for 2 years. Is the owner in default if they have a claim in month 20 and updates have been issued in month 12 and not installed? Assuming of course the updates may have affected the claim. It potentially could affect home DIY on the cars as they get older, or owners who use garages that do not have access to the update registers.
 

Sam Vimes

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Sep 7, 2020
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I can't say I'm surprised. The advent of so called smart technology and semi autonomous systems in cars is a game changer.

For some drivers these systems are taking over the skills that perhaps we've evolved over the years. Hardly a week goes by without some potential problem being discovered in these systems. The degree of severity varies.

This is why firmware updates are important but equally it's important for drivers to not always believe the designers got it right.

It's also opened up a bonanza for lawyers when trying to fix the blame for an incident. Was it the driver or was it the system?
 
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Reactions: otherclive
Jun 16, 2020
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I am also not surprised but I find is concerning for owners to manage this. For example. If I get my car serviced by Volvo, part of the service is making sure it is fully updated. However, I choose to have my car serviced by a trusted garage and have done for 5 years. They can examine the CPU and correct fault codes etc. But I doubt they have access to Volvo updates.

Perhaps it is expected that the manufacture has to contact the owner in the same way as they do for a recall.

John
 
May 7, 2012
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The insurer is required to be fair to the customer. I have not met the point before, but on that basis I think the insurer would only be allowed to turn a claim down if the customer might reasonably have known of the update. In most cases the car maker will contact owners for safety critical updates, but some owners do get missed. The insurer would have to show that the customer was at fault in not having this done, so if this was not sent to him he could not be expected to have it done.
Another point though, is that the update would have to be relevant to the claim. If the car was involved in an accident with another car an update to prevent a fire risk is not relevant as an example .
 

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