EDR imaging and claims: Putting the pieces together after a crash
Today’s auto technology is providing insurers with a more comprehensive picture of what happened before, during and immediately after an accident.
Over the years, technology has increased the amount of information obtained following a motor vehicle accident. An event data recorder (EDR), often mistakenly referred to as a “black box,” contains an amazing amount of helpful data relating to accident investigations. It helps fill in missing pieces, as well as verifying the insureds’ facts of loss. When used in conjunction with the other aspects of a claims investigation, data taken from an EDR can be an invaluable tool to resolving claims.
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The history of EDR
General Motors was a driving force of today’s technology when it began using an accelerometer in its airbag control modules (ACM) in 1994. The accelerometer saved acceleration data and was a key factor in making airbag deployment decisions based upon the severity of the crash.
As technology developed, the ACM began communicating with the powertrain control module (PCM). The PCM contains the engine data, such as speed, brakes being on or off, and information on the gas pedal’s position. The PCM information was also stored in the EDR, along with pre-crash data. The amount of pre-crash data differs by manufacturer.
In the early 2000s, other manufacturers such as Ford and Toyota also started recording data. As the years passed, most automobile manufacturers began recording data. The National Highway Safety Transportation Administration (NHTSA) studied EDRs and published a rule in 2006, which then became Federal Law, 49 CFR Part 563.
The law does not require the installation of EDRs in each vehicle, but it does state that if there is an EDR present, it must record specific information. All installed EDRs needed to record at least the following:
There are two additional tables of information, which are required to be recorded, if applicable. NHTSA also required that any installed EDRs comply with Part 563 by September 1, 2012.
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Use in claims
By imaging the data contained on an EDR from a crash, a claims professional can gain a better picture of what occurred.
Recently, the National Insurance Crime Bureau (NICB) warned of a rise in parked and unattended vehicle accident fraud. EDR data can be a valuable asset in these claims. For example, insureds will report that their vehicle was damaged while it was parked and unattended. Throughout the claims process, red flags regarding the validity of the claim are apparent. In order to verify the claim occurred as reported, the EDR of the insured vehicle is imaged.
The EDR image may either support the insureds’ version of events or it will provide proof that the vehicle was in motion or being driven at the time of the accident. Chart A is an example of an EDR image taken from a vehicle, which an insured claims was parked outside the residence during the collision. Notice that the vehicle speed indicates that the vehicle was in motion and gaining speed within seconds prior to the crash. This information, along with other evidence, will help provide the proof that the claims or SIU professional needs to make a claims decision.
In incidents of multiple vehicle accident claims, an EDR image can be a crucial piece of evidence. For example, insureds are involved in a multiple vehicle accident. They state that they stopped before hitting the vehicle in front of them and then were struck from the rear and pushed into the other vehicle. The opposing driver stated that he could not avoid the accident in front of him and hit the already crashed vehicles. With a lack of independent witnesses, the EDR image can be the silent witness and verify the insureds’ facts of loss by revealing how many events occurred and in which order. With the EDR image, it can quickly shut down the “he said, she said” scenario and limit exposure on the claim.
Graphs A and B show how the data may look after the EDR is imaged from the vehicle located in the middle of the crash. The information from these charts came from the same EDR image. The negative speed readings show a decrease in speed over a specified time, which was recorded by the EDR. A negative speed value would be consistent with a vehicle suddenly decreasing its speed. This could be the result of colliding with a stationary or slower moving object. The positive speed readings in chart B show the vehicle gained speed. This is commonly seen in a rear end collision where an involved vehicle gained momentum going forward after impact. This information helps the claims representative have a picture of how quickly and severely the vehicle changed speed during a crash.
Finally, a bodily injury claim can benefit greatly from the use of an EDR image. The Delta-V, or severity of a crash, is indicated in the image obtained. The lack of a severe impact can assist in determining whether the reported injuries are supported by the overall force from the impact. The speed loss or gained in a crash, the speed of the vehicle prior to crash, and what direction the impact came from are important in determining the mechanics of the injury and minimizing loss on a claim.
These images are important to obtain even when a full accident reconstruction is not yet warranted. A good analyst can interpret the vehicle crash data, compare it to the other evidence, and ensure the claims adjuster has an overall image as to the severity of the crash.
Time matters in obtaining information
While every situation is different, it is important to obtain the EDR information in a timely manner. There are circumstances where the information contained on the EDR may be lost. If the vehicle is repaired and the ACM or device containing the EDR is removed and replaced, the information will be lost.
A vehicle that is not considered a total loss and is maintained by the insured also has time constraints. Most EDRs contain crash data for limited key cycles. A key cycle can be one instance where the ignition is turned on and off. Some manufacturers limit the data to 250 key cycles, or just a few months of use, before the data is written over or lost in the EDR.
When a vehicle is considered a total loss and sent to salvage, it can be difficult to obtain the information prior to its resale at an auction or lost to a junk yard for parts. Any time there is physical evidence to be collected; the best practice is to do it as quickly as possible.
Impact of the Driver Privacy Act
The Driver Privacy Act of 2015 answers the question of who owns and can consent to imaging of the information contained in the EDR. The following states have all passed additional legislation regarding event data recorders and privacy: Arkansas, California, Colorado, Connecticut, Delaware, Maine, Montana, Nevada, New Hampshire, New Jersey, New York, North Dakota, Oregon, Texas, Utah, Virginia and Washington. The Act defines ownership and lays out how consent must be obtained in order to image an EDR.
Without the presence of a court order, or one of other limited exceptions, it is necessary to obtain written or recorded audio consent from the owner/policy holder to collect imaging.
In the past, collecting EDR imaging was expensive. However, with the advancement of technology and the addition of more trained technicians and analysts, it has become more cost effective to collect this information. The information provides an accurate record of what a vehicle was doing at the time of an accident, which serves as a crucial piece of the puzzle when investigating a claim.
Robert Branham (robert@edgeinvestigationsllc.com) is a licensed private investigator and all lines adjuster, as well as a Bosch CDR tool technician and EDR Analyst based out of Denver, Colo. He has over 23 years of investigative experience through military and state law enforcement in addition to investigating insurance claims.