Automobile electronic data systems (also known as event data recorders or black boxes) can be a very valuable tool in your accident benefits claim and the litigation of your case against the at-fault driver.
It is estimated that 96% of new cars in North America have a black box. The vast majority of consumers are not aware of its existence in the vehicle. One of its best uses would be in a rear end collision where the at fault driver claims to have struck your vehicle at a very low speed when you believe to the contrary. When we examine the at fault driver at examination for discovery we ask for the production of the data contained in the black box for the day of the accident in vehicles so equipped.
Another use for this data contained and extracted from the black box would be to assist the accident benefits insurer in obtaining a better understanding of the severity of the impact. Often in major impacts, the vehicle is written off and the insurer disposes of the vehicle.
If your vehicle is being written off, ask your insurer to extract the black box data for the day of the accident before it disposes of the vehicle, if you believe it will assist you in proving you were not responsible for the accident or that your injuries arise from a substantial or high speed impact.
The type of information extracted from the vehicle could assist you in obtaining your benefits and proper treatment. If the severity of impact information is not extracted from the black box, there is a high probability that your insurer will suggest that your injuries are not so substantial.
This is often the case in post-accident chronic pain cases where the injuries are not visible and do not include fractures. This information would be most helpful in traumatic brain injury cases arising from the forward/backward thrusting motion during a severe impact.
Insurers prefer to allege that if the head did not strike the interior of the vehicle that no brain injury resulted. We know that is not the case. The speed and force of the impact is key. If you have been involved in an accident, speak to an accident lawyer to understand your rights.
