A Georgia Legal Guide to Tesla Car Accident Claims  

Were you or a loved one injured while driving or riding in a Tesla? 

If you were injured in a Georgia car accident while driving or riding in a Tesla, you may face unique challenges. These challenges can result in unprecedented delays for your vehicle to be fixed, insurance companies not believing in your injuries, or them offering an amount that fails to fully cover your injuries or the accident altogether.  

It is not fair for you to lose money because of an accident you did not cause. If you drive a Tesla, it is important to know what to expect if you were recently injured in a car accident. 

How Tesla’s Safety Features Impact Your Accident and Your Injury Compensation 

You may have been motivated to buy or lease your Tesla because of the advanced safety features and protection they offer. These features do change the impact of car accidents, which can shape how an insurance company views your accident, since they handle car accident claims daily and are aware of the vehicles they cover. 

As you might know, Tesla claims that its cars offer Superior Crash Protection Technology Like: 

• A Stronger Structure – Tesla reports that its cars use ultra-high-strength steel and aerospace-grade aluminum, reinforcing the battery pack and providing greater crash protection than traditional cars. 
• Larger Crumple Zones – Because they are without a bulky gas engine, Tesla claims to have more space to absorb impact forces, reducing the risk of cabin intrusion and increasing passenger safety. 
• Lower Rollover Risk – With a low center of gravity due to the battery placement, Tesla claims that its cars are better balanced, making rollovers far less likely in a crash. 

Although these features are impressive, no vehicle has completely eliminated injury accidents. However, if you’re in an accident in Atlanta while driving your Tesla, insurance companies may claim that you have an advantage over conventional vehicles. The challenge arises when you are actually injured, which does happen to Tesla drivers. In such cases, insurance companies may refuse to acknowledge the severity of your injuries. 

ACCIDENT TIP: Be sure to go to the hospital or see a medical professional immediately or shortly after the accident. It will be difficult for them to challenge your injury if the medical professionals document the injuries they discover. 

How Do Safety Features Matter When it Comes to an Injury Claim? 

The protective features of a vehicle like a Tesla will not increase the value of your accident claim. However, if your car accident attorney sees that you suffered severe injuries despite being in a vehicle known for its safety, it may prompt them to investigate further for signs of gross negligence. 

Gross negligence refers to reckless behavior or a willful disregard for safety, such as excessive speeding or driving while completely distracted, like looking at a phone. If your attorney uncovers evidence of gross negligence by the at-fault driver, it can lead to a higher settlement, as you may be entitled to punitive damages in addition to economic and non-economic damages. In some cases, punitive damages can even exceed the at-fault driver’s insurance policy limits. 

Can My Tesla Offer Evidence for My Car Accident Claim?  

Tesla’s can sometimes provide more evidence in a car accident than other vehicles.  

Many Teslas come equipped with at least one built-in dashboard camera, and Tesla is working to make this feature standard across all models.  

Newer Teslas with advanced auto-pilot features offer up to 8 cameras, surrounding the entire vehicle. This camera technology, known as “Tesla Vision,” serves multiple purposes, with its primary function being to enhance the Autopilot system. You have the option to enable it to record, making it a resource for an accident claim. If you are recording while driving, the footage captured during an accident will provide crucial evidence in a legal claim. To protect yourself, it’s essential to ensure these settings are activated whenever you are on the road. 

The Tesla Black Box (EDR) for Car Accident Claims 

Teslas are equipped with a black box that records Event Data Recorder (EDR) data at the time of an accident. Tesla provides an EDR Retrieval Tool on its website, but interpreting the data can be complex. Your car accident lawyer may have to work with an accident specialist to analyze it. This data can be valuable evidence, as it records vehicle speed, acceleration, steering movements, brake applications, and impact force at the moment of the crash—key details that could help strengthen your case. 

Am I Required by Georgia Law to Give My Tesla’s Car Accident Evidence to the At-Fault Drivers Insurance Company? 

It’s always best to consult with a car accident lawyer before you give any evidence to an auto insurance company. If requested, chances are the adjuster may be looking for ways to reduce the value of the claim.  

If My Tesla Was on Autopilot At the Time of the Accident, Does It Affect My Accident Claim? 

If your vehicle was in Autopilot mode when your accident happened, there are important factors to consider: 

• Tesla Autopilot is still new technology. If your car accident involved Tesla Autopilot, and the injuries were severe (or fatal to a family member), a thorough investigation of how and why the accident happened should probably be undertaken.
• If you were not at fault for the accident and the insurance company tries to reduce your compensation due to Autopilot—even when their driver was clearly at fault—you it may be possible to challenge their decision and fight for fair compensation.
• As with all drivers, we urge drivers using Tesla Autopilot to remain alert, attentive, and ready to take control when the auto-pilot feature is on. If your vehicle is found to be at-fault for the accident when the auto-pilot is on, the liability could fall upon you and your insurance company, in whole or in part,
• for the accident.  
• Whether your insurance is provided by Tesla or by another carrier, it’s vital that you read all the fine print in your policy to determine whether or not you are covered while using autonomous driving technology. 

The good news about Teslas that offer auto-pilot is they often have the cameras on. It comes down to if they recorded the accident. 

With auto-pilot on, if there is recorded footage it can ensure that your rights are protected and the verifiable truth is available to responding officers, insurance adjusters and, if necessary, a judge or jury. 

Why All Tesla Owners Should Have Uninsured Motorist Coverage 

As a Tesla owner, you already know that your Tesla is a highly-valued vehicle. It stands to reason, then, that the cost to insure it is higher. This is because your vehicle’s repair or replacement will also be high. Repairing a Tesla requires a specially certified technician in a certified facility, using certified parts. This practically ensures that the cost to fix your vehicle will be high. Unfortunately, it could be more than the other driver’s insurance will cover.  

As it stands today, the state-mandated insurance minimum coverage laws across in Georgia are generally very low. All too often there is not enough insurance coverage available to take care of the full cost of the injuries and damages in an accident involving an average car let alone the high cost to repair your Tesla. Making matters worse, it’s also true that people who cause accidents are often the same bad drivers who fail to follow the law and don’t insure their vehicles at all. 

If you do not have Uninsured Motorist coverage (UIM) you may find that your out-of-pocket expenses can be much higher. 

As you approach insurance coverage decisions, shop around. It’s also helpful to know that Tesla does offer its own insurance coverage for owners of its vehicles. Because these policies take into account the repair and replacement costs and challenges associated with their vehicles, you may find that their targeted coverage is the best option for you. 

Challenges After a Car Accident Unique to Tesla Owners 

Getting Your Tesla Fixed 

You may discover that the repair and/or replacement costs for your vehicle may pose some frustrating challenges. The popularity of this relatively new vehicle seems to have out-stripped the necessary infrastructure for maintenance and accident-related repairs specific to the vehicle. 

Finding a Collision Center Near You: Repairing collision damage for a Tesla vehicle has its own set of difficulties. Unfortunately, there are relatively few Authorized Tesla Body Shops and Collision Centers available to provide certified service in Atlanta.  Repairing these vehicles requires special tools, training, and expertise. At present in the US, most auto body and repair shops do not have the necessary certification to work on Teslas, so finding a place to have your vehicle repaired can be difficult.  

Expensive parts – Because Teslas are created with high-end technology, they require very specific replacement parts – no inexpensive generic parts will work, so the cost can be high. Not only are the parts very specialized and not carried by the local parts store, they will most likely need to be special ordered which can involve higher costs and longer delays.. 

Do Tesla Accident Victims Need a Personal Injury Lawyer? 

Your decision whether or not to retain an attorney will probably hinge upon the severity of your accident, and the extent of your injuries. If there are complications associated with the claim, it could be wise to have an advocate who is familiar with and experienced in making Tesla-related arguments. 

Of course there always seem to be differing opinions about liability and insurance company lawyers are adept at finding ways to blame the victim – you. Negotiating a settlement can be difficult if you aren’t steeped in and accustomed to such wrangling. This is one of the reasons we always urge accident victims to consult with a personal injury lawyer who is experienced in handling the many challenges that can face a Tesla accident victim.