From now on, a black box in new cars: good for road safety or control tool of insurers?
Source: VRT NWS | Hajo Beeckman | Tuesday, July 05, 2022
Starting July 6, 2022, all new car models will have a black box in them, just like in airplanes. That stores data that will allow the court to check after an accident what you were doing with your car just before a collision. A big step forward, say proponents, because that way you avoid arguments. However, some observers wonder: your insurer might also make clever use of that data, usually not to your advantage.
The list of safety applications is impressive: intelligent speed assistance (an indication of the speed limit with an audible signal), a universal connector to install an alcohol lock, systems that warn you when you are tired and better take a rest (based on your steering movements) and even an "incident data recorder" or "event data recorder" (EDR). The latter, simply put, is a black box like those that have been on airplanes for years. In the United States (2012), South Korea(2015) and China (2021), the black box became mandatory earlier.
With the data from that black box, the authorities can find out exactly what you were doing in your car, van or truck just before an accident. It should enable experts and the courts to find out exactly what happened and who is liable, especially in severe and complex accidents, for example, when an accident involves contradictory information from the parties involved or no information from witnesses.
Some experts also point to a psychological effect: the black box would make drivers drive more cautiously, already reducing accidents.
What does a black box look like and what data does it store?
The black box stores a whole series of data: how fast was someone driving just before an accident, how hard was braking, was the driver effectively trying to avoid an accident, was someone wearing a seat belt, and how was the steering wheel used (was there any abrupt movement from left to right, indicating that the driver wanted to avoid a collision or obstacle)? The data cover 30 seconds before and 15 seconds after an incident.
Unlike in an airplane, the black box does not store recordings of voices and sounds. So what you discuss in the car is not recorded.
Where is that black box in the car?
In fact, the black box is simply a sturdy container that stores data, sometimes outside the existing on-board computers in cars. The box is usually in a hidden location, such as in the center console of the vehicle or under a seat. As in an airplane, the recorder must be extra sturdy to ensure that the data can still be accessed even after a heavy impact.
"In many cars, that black box is actually already built in now, and recent vehicles already store a lot of information through the on-board computer and built-in software," said Jean-François Gaillet, director of innovation at traffic institute Vias. "This then works through the airbag control module, the engine control module and the roll-over module (which literally records the movement when the car tips over or overturns)."
"Until now, data in a car was encrypted, the new European rules make it easier to access via the black box" Jean-François Gaillet, Vias
"The problem is that until today the data in those modules were encrypted and only accessible to the manufacturers themselves," Gaillet continued. "Not that this has already stopped a judge from requesting the data in the event of an accident: remember the tragedy a few months ago where a car drove into a group of carnivalists in the Walloon municipality of Strépy: the judge then obliged BMW Germany to provide the on-board computer data, decrypted, to the justice system in order to find out exactly what the driver of the car was doing."
INLAND
"Judge uses black boxes for first time to explain deadly car crash" (di 31 Jan 2017 10:10)
"Even back in 2017, there was a judge in Diksmuide who, after a serious head-on collision without witnesses, ordered the data from the on-board computer to be retrieved in order to have liability determined objectively," said Joost Kaesemans, director of public relations for Touring.
Today, however, that remains quite a hassle. The new European rules make it much easier to have the data read out quickly and non-encrypted. This is even done via a module that is already in your car: the OBD or "on-board diagnostics". With a simple scanner you get the data via a laptop right out of the black box. If the car is badly damaged, then a little more work is involved.
As of July 6, 2022, who may order the reading of data?
"I think the consumer can rest assured, "states Kaesemans (Touring). "Only a court of law will request the data in serious accidents, never the insurance company. I am sure that with this the European government mainly wants to hit the repeat offenders and traffic criminals, and not the road user who accidentally has a minor collision."
Barbara Van Speybroeck, director of communications at Assuralia, confirmed that it is only up to the courts to order black box data to be read in certain cases. Insurance companies will not have access to the data in any way.
"Insurance companies will not have access to the data in any way" Barbara Van Speybroeck, Assuralia
"As far as we know today, the black box will not impact insurance premiums either," Van Speybroeck continued. "Nor will there be different rates between new car models with a black box and older vehicles that do not yet have one."
"Insurers only take into account a policyholder's risk profile to compile the premium amount. That profile is determined, among other things, by your driving experience, the number of years you already have a driver's license, your age, and possibly the power and age of the car," says Van Speybroeck. Of course, your driving record and accident history are also important but that is independent of the presence of the black box.
Can insurance companies still use the data intelligently?
Some experts nevertheless question road user privacy. They question the claim that insurance companies would not be able to access the data directly.
"I want to stress that this is my personal view," says Gaillet (Vias), "but I am convinced that in certain cases an insurance company will be able to put pressure on the policyholder. In fact, there is a law in our country that says you have to pass on all available data to the insurance companies after an accident. If you don't, that's a reason not to pay out."
Jean-François Gaillet, Vias:
"Suppose you claim that an accident is the fault of the other party, but your insurance company doesn't believe you. Then she can ask you for permission to have your car's data read through her experts," Nog Gaillet said. "If you refuse that - which is perfectly possible - then the company can decide not to pay out or they will draw their own conclusions based on an interpretation of the data that does exist in the file." That won't always be in the policyholder's favor.
Mark Pecqueur, a lecturer in automotive technology at Thomas More University of Applied Sciences, also suspects that in doubtful cases, insurers will pull that card but specifically in the case of "own damage," an accident or claim that does not involve an opposing party. "Think of a situation where you crash into a tree or a bollard at an inappropriate speed, or your vehicle suffers damage by driving too fast over a speed bump. It's to an insurer's advantage to pay out less or not at all if they can figure out that the damage was simply caused by your irresponsible driving."
It can go even further:
"An insurer can sell you a cheaper contract in the future with the explicit clause that you behave like a good family man on the road, "Pecqueur argues.
"But if it turns out that you have your own damages after a single-vehicle accident, and the black box can prove that you were flouting traffic rules or speeding irresponsibly or performing maneuvers, the bill is entirely for the policyholder. Compare it to a theft insurance policy for your home: if the contract says you must have an alarm system, but you don't install it, you can whistle for your money in the event of a burglary."
Incidentally, Barbara Van Speybroeck of Assuralia does not follow Pecqueur and Gaillet's assertions at all. "A policyholder must indeed provide an insurer with all the information that may be useful to assess a situation, but the insurer can only do that with data to which a motorist himself has access, and that is certainly not data from a black box."
Does the black box reduce accidents and traffic fatalities?
Steven Soens, regulatory and technology advisor at Febiac, sees only benefits. "The EDR or black box will lead to a more uniform treatment of road accident data in Europe and also benefit vulnerable road users such as cyclists. What exactly was the driver of a car doing when he hit a cyclist? That's where this box can help."
"Moreover, you have to see the EDR not only as a tool to better determine liabilities of parties in an accident, but also as a data source to improve vehicle safety," Soens continued, "after all, we are facing a big challenge: more and more cars are equipped with driving assistance systems such as semi-automatic driving in traffic jams or sensors that make sure you don't deviate from your lane, or that can self-select an exit on a highway. However, these are systems that you can also currently disable. The question in an accident is then: were those systems active or not? For a judge or an insurer, it will become increasingly important in the coming years to know whether the car or the driver was driving."
Driving assistance systems are gaining in importance
Gaillet (Vias) is already sure that there will be a psychological effect of the presence of the black box in the car on the behavior of road users. In the United States, where the black box has been in place since 2012, there have been 20 percent fewer accidents since its introduction. This is because drivers are driving more carefully.
Kaesemans (Touring) strongly doubts that this 20 percent is due only to the black box; other infrastructure and enforcement measures will also have helped. Nevertheless, he too believes in the psychological effect:
"If you increase the chance of being caught, for example, for speeding or alcohol behind the wheel,then people are going to adjust their behavior, that's logical. Because of the black box, many motorists will restrain themselves a bit more anyway, because turn or turn it the way you want, you are de facto being permanently monitored from your own vehicle. Some people will see that as threatening but we as a mobility organization see this as a normal evolution, it is only good for road safety."
Automotive technologist Pecqueur is less convinced. "A lot of own damage to vehicles is caused by cockiness of a small group of repeat offenders. Those won't care about a black box and will just re-offend next time." In doing so, he seems to be suggesting that in addition to the black box, there should also be adjustments to our enforcement policies for people who frequently ignore the rules, such as the points-based driver's license, which, by the way, is currently being debated at the federal level.
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