The question of whether the driver should have had their hands on the wheel (clearly they should have) is distinct from the question of whether the Autopilot should have avoided this crash.
The warning message says "Be prepared to take over at any time." That is clearly the exact opposite of "You may now focus your attention to that laptop on the passenger seat."
Yes it is a concern that Autopilot is failing in some circumstances. But whatever Tesla says or does, the road rules say that the human driver is always responsible in cases like this.
Seems that would be easier to me.
However I don't see why having a camera pointed at my face necessarily means that Tesla have to willingly provide information to insurance companies. As long as it is only available to law enforcement after being granted a court order, I'm fine with that.
(Note: I do not live in the USA. I trust the law enforcement in my country. My answer would be very different if I were in the US resident. I've heard enough about law enforcement in the US to know that I'd never live there, and if I did, I wouldn't ever trust the police.)