A class-action lawsuit has been filed against Tesla Insurance Services, alleging that the company overcharges for car insurance premiums. This accusation stems from the claim that Tesla bases premiums on “false” crash warnings rather than actual driving behavior.
Judge Brad Seligman of Alameda County Superior Court denied Tesla's request to dismiss the lawsuit, setting the stage for a detailed examination of Tesla's practices. While Tesla has denied any misleading conduct, the court’s decision to allow the case to proceed highlights the gravity of the allegations.
Safety Score Accuracy?
The plaintiff, Illinois resident Ricky Stephens, represents Tesla drivers from numerous states, including Arizona, Colorado, Illinois, Maryland, Minnesota, Nevada, Ohio, Oregon, Texas, Utah, and Virginia. This lawsuit, gaining traction under California's expansive unfair competition law, raises critical questions about the reliability and fairness of Tesla's insurance premium calculations.
The lawsuit, scheduled for an initial hearing in January 2024, seeks restitution, disgorgement of profits, and an injunction against alleged false advertising. The core issue lies in the “safety score” used by Tesla to determine insurance premiums. This score is affected by several factors, including hard braking, aggressive turning, and, notably, forward collision warning alerts.
Implications for Tesla and the Auto Insurance Industry
This lawsuit could have significant implications for Tesla and the broader auto insurance industry. The case highlights real-time data and algorithm-driven assessments in determining insurance premiums. Using vehicle data to calculate insurance rates, Tesla's innovative approach was seen as a game-changer. However, the current legal challenges suggest this technology might not be as flawless as initially perceived.
Several Tesla drivers have reported sporadic and random forward collision warnings, which adversely affect their safety scores and, consequently, their insurance premiums. This situation raises concerns about the accuracy of Tesla's vision system, which is still under development. If these collision warnings are indeed erroneous, as alleged, this could mean that customers are unfairly penalized with higher premiums based on inaccurate data.
Moreover, the case involving Tesla drivers who engaged in Track Mode on their EVs raises further questions about the insurance unit's algorithms. Reports of significant premium hikes after a single day of aggressive driving in controlled conditions challenge the fairness and transparency of Tesla's premium calculation methods.
Tesla's ongoing legal battle over its insurance practices is more than just a corporate dispute; it is a litmus test for the use of advanced technology in calculating insurance premiums. As the case progresses, it will be crucial to scrutinize the balance between innovative data use and the rights of consumers to fair and transparent insurance pricing. The outcome of this lawsuit could set a precedent for Tesla and the entire auto insurance industry as it grapples with integrating new technologies into traditional business models.
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Tesla maintains two primary software branches: the main feature branch and the FSD branch. In general, the FSD branch lags behind on new features pushed to the main branch but provides a more recent FSD version.
However, now Tesla is updating the main branch to a much more recent version of FSD.
Current FSD Build & Shadow Mode
Nowadays, the main branch always includes an older but stable build of FSD. It’s been on FSD V12.3.6 since July 2024. So, if you subscribe to FSD in North America, this is the FSD version you’ll receive until you get added to the FSD track.
Even if you don’t subscribe to or have purchased FSD, your vehicle has v12.3.6 on it. That includes vehicles in regions where FSD isn’t available for general use, such as Europe and China. In those cases, FSD runs in Shadow Mode, providing training data to Tesla if you’ve agreed to their data privacy policies. So Tesla is always analyzing what the vehicle would do compared to what the driver does. When there are contradictions, these are the clips and data Tesla will want to analyze.
FSD V12.5.4.2 on Main Branch
For the first time in five months, Tesla has now updated the baseline version of FSD in the main branch. The new version included with 2024.44 updates is FSD v12.5.4.2. This Tesla is updating the baseline FSD version to FSD V12.5.4.2
FSD 12.5 includes many features for a much smoother experience compared to FSD 12.3.6. Many users will appreciate that it gets rid of the steering wheel nag and instead relies on the cabin camera to provide real-time driver monitoring. This version also includes support for sunglasses with driver monitoring. It’ll be a big upgrade for anyone coming from FSD 12.3.6.
It's always a good thing when Tesla updates the baseline FSD version—that means that Tesla is confident that this new baseline is considerably safer and will continue to train the fleet against it.
What Update Am I Getting?
If you’re already on FSD V12.5.4.2, you’ll likely remain on that FSD build unless V13.3 manages to make its way to the public as Tesla originally planned, but that’s unlikely to happen before the Thanksgiving holiday. In all likelihood, you’ll be getting update 2024.44, which will give you some additional Tesla features while keeping you on the same FSD version.
For those who are already on 2024.44 - if you subscribe now, you’ll have V12.5.4.2 enabled on your vehicle.
If you have a Cybertruck, then you’ll receive update 2024.39.5 with FSD V12.5.5.3. They’re on a unique build for the moment, and this will likely be the case until Tesla acquires enough training data from the Cybertruck fleet.
The Cybertruck is having an eventful November. Just last week, we shared the news that Tesla isn’t offering their in-house wrap service for the Cybertruck anymore; the Foundation Series is now available in inventory in select US locations, Crossbars have arrived, and faster charging is around the corner. Now there’s even more to discuss about the stainless steel beast.
Projection Puddle Lights
Like the recently launched puddle lights for the Model 3 and Model Y, Tesla has introduced a set of add-on Projector Puddle Lights for the Cybertruck. These Cybertruck-specific ones go for $75 USD, or $105 CAD and are available in both the Canadian and US Tesla stores.
However, these don’t have the Tesla wordmark - instead, they feature the iconic Cybertruck symbol and, in our opinion, look even nicer. Here’s to hoping Tesla also introduces a set with the graffiti-style Cybertruck wordmark.
Powershare in Canada
While the Foundation Series Cybertruck has been getting delivered in Canada since November 7th, there was no news on Powershare being supported due to regulatory constraints. On the 20th, Foundation Series owners in Canada began to receive emails to get their Powershare installs started through Tesla’s official installer - Qmerit.
More to follow on pricing and the process as we receive our Canadian quote from Qmerit soon.
FSD in Canada
The Cybertruck Program Manager, Siddhant Awasthi, confirmed that with Powershare now becoming available, FSD for the Cybertruck in Canada will also become available soon. Canadian trucks shipped with a factory software build that didn’t include FSD, but did include TACC and stoplight/traffic control.
Early this morning Tesla began rolling out a new version of FSD 12.5.5.3 for the Cybertruck, which is update 2024.39.5. Will this be the version that rolls out in Canada?
Update: Yesterday, Tesla started rolling out FSD on the Cybertruck in Canada for the first time. The update being rolled out is update 2024.39.5, which not only features the latest FSD available on the Cybertruck, version 12.5.5.3, but it also includes all the features update 2024.38, which includes the huge Sentry Mode improvements that reduce power consumption by about 40%.
Following Integrated Flight Test 6 for SpaceX’s Starship, Elon Musk confirmed that uncrewed Starships are likely to begin making their way to Mars in about 2 years. You’re probably going to ask what’s going to be in those Starships - that’s what Brett Winston on X asked as well. Elon confirmed that Cybertrucks and Optimus robots will be among some of the first items landing on Mars.
That’s a ton of awesome news for Cybertruck, and there’s absolutely going to be more around the corner, especially as we await the big Tesla Holiday Update. While you wait, why not take a look at our Holiday Update Wishlists?