Automakers try to scuttle Massachusetts ‘right to repair’ law
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Are there really people out there who wouldn’t otherwise buy insurance, but they choose to do so only because the cost of repairs is too high?
I don't carry collision insurance on my daily drivers (the newest of which is 9 years old), because it's too expensive for the coverage offered.
There’s some competition here in that a marketplace of insurance companies can compete on the premiums so there can be downward pressure, sometimes. But for things that impact all insurance companies like this equally, then insurance companies would also be opposed because more expensive repairs = more money in their pocket.
That’s why you see things like medical insurance not being aligned with lowering medical costs.
That's not my experience in the UK and Norway. At least with the good insurance companies. I creased the rear passenger door of my Tesla S in the UK three years ago. It was purely cosmetic damage confined to a 10 cm diameter area at the front bottom corner. My Norwegian insurance paid 4 kUSD for a new door skin and a repaint of almost the whole side of the car at the Tesla recommended body shop and ten days of car rental.
It's interesting to see how such things differ from country to country and insurer to insurer.
Health insurance companies are lambasted all the time for denying coverage for certain procedures or medicines or requiring prior authorizations to prove it is medically necessary or evidence based treatment.
https://www.oliverwyman.com/our-expertise/insights/2023/mar/...
> MEDICAL LOSS RATIO TRENDS
>Reported loss ratios are 89.4% for Elevance (fka Anthem), 86.0% for CVS Health (Aetna), 83.8% for Cigna, and 82.8% for UnitedHealthcare. Loss ratios have been impacted by seasonal patterns and the return to more stable utilization than seen in 2020.
Seems like an unsubstantiated conspiracy theory.
I actually did that once. The claims adjuster was pretty surprised at the request, and she confirmed multiple times that I really wanted them to pay out less money (parts but no labor). Then she was like, "Well, I don't know why you'd want to, but it's your decision, so OK."
The reason: someone stole my stereo and, in the process, they destroyed several pieces of the dashboard. The insurance didn't cover my (aftermarket) stereo, just the dashboard.
I was going to install a replacement stereo myself. I had installed the other one (that was stolen), so I already knew how to do it, and I knew that stereo installation requires removing the same dashboard parts. If I'd let insurance pay a shop to do it, I would have needed to have them install the parts, then take it home and remove the same parts, install the stereo, and then put them back. Buying parts at the dealer is less work and takes less time.
You likely talked yourself out of additional money.
Walking away with leftover cash in your pocket is a normal and above-board part of the process if you can do the repair more cheaply/by yourself/don't get it fixed; it's not fraud.
A friend had paint damage to his truck caused by a canopy (a large EZ-UP) being blown into it repeatedly during a storm. He filed a claim and the adjuster determined it would be something like $5,000 for a proper repaint.
He asked another friend of ours–who worked in insurance—if it was okay to just keep the money and ignore the paint damage: "Yeah, you suffered a loss, you were compensated for that loss, that's all there is to it. It's up to you if you want to repaint, or if you consider it diminished value compensation, or whatever. It's your money free-and-clear."
It feels wrong somehow, but it really isn't. Just don't try to claim the same damage again in the future.
I hit a deer a few years ago and made $5000.
> Trade certification for automotive service technicians is compulsory in Nova Scotia, Prince Edward Island, New Brunswick, Ontario and Alberta and available, but voluntary, in Newfoundland and Labrador, Quebec, Manitoba, Saskatchewan, British Columbia, the Yukon, the Northwest Territories and Nunavut.
> Automotive service technician (transmission) trade certification is compulsory in Ontario.
> Automotive service technician (steering, suspension and brakes) trade certification is compulsory in New Brunswick and Ontario.
https://www.jobbank.gc.ca/marketreport/requirements/14799/ca
In Ontario, as parent and I indicated, it's a compulsory trade. It is, in fact, a government regulation directly.
https://www.skilledtradesontario.ca/about-trades/work-in-the...
Said differently, what is blocking you from doing the repair today? Is it just that the sensor needs coding to the car or calibration?
Back in 2013/2014, my Jeep was rear-ended. Some of the body panels were back-ordered, so the repair took 2 months longer than expected. Even if I was could have done the body repair, I couldn't have purchased the parts.
Likewise, a co-worker had his airbags stolen last year and it was many months until Acura had replacements available.
A mystery that resolves itself by the end of the sentence: who the hell would steal airbags? Clearly, there's demand from people who don't want to wait months for a replacement... talk about making a market.
Someone who didn't want to pay $400-800 per bag to get their banged up car back on the road.
Who the hell buys used tires? Who buys used catalytic converters? Who puts mismatched fenders on their car?
People who need a car to get to work and don't have a lot of money and, in the case of bags and fenders, may (wisely) not have collision coverage...
I suspect that most people who need airbags are still buying them; they're just buying them at the end of a chain of fencing stolen bags.
We have categories of write off, so if insurance has paid out it affects the future value of the car.
This would be a category D [0], which makes a big difference on resell.
0: https://www.rac.co.uk/drive/advice/know-how/what-is-a-catego...
We have a company called CarFax that produces vehicle history reports for used cars, but there are many problems with it. Starting with the fact that all reports are voluntary. I have looked at cars that were clearly in floods when you know what to look for and yet the CarFax was squeaky clean.
What? Accidents, even after repair, decrease the resale value of a car, significantly in the case of a young or exotic car, less so for an older, more pedestrian car.
Having been in an accident removes some possible buyers from the pool. (Some buyers will not knowingly buy a car with damage history.) That necessarily changes the balance of supply and demand for that car.
If you had a choice between buying a car that was in a crash and repaired versus the otherwise identically equipped car that had never been crashed, which would you choose? Lots of buyers prefer the latter option, which is why they're worth more than the former option.
There are two ways to sell a sub-prime car: 1) lower the price, and 2) wait for a less-than-diligent buyer to come along. Many private sellers and dealerships are perfectly fine with #2.
Lots of people do not know how to check for unreported previous damage to a car, and lots of people do not care if the car was in an accident as long as it was repaired, has no obvious damage, drives just fine, and has a green title. These are the people who eventually buy those cars.
A salvage title is only used when someone intends to restore the car, and then it goes back to a normal title once restored (or at least that is how my state did it 15 years ago - each state is different). You get the salvage title only to justify paying taxes on the actual value of the car (sales tax on a car is for actual value not the price you paid, so a salvage title is useful to prove it isn't worth what the book says) It will show up on CarFax as restored then. (though as you note most such issues never get a salvage title as they are not sold)
A car with a salvage title stays branded with “rebuilt” or “restored” in all common scenarios. There are ways to wash them to unbranded, but most are unethical and involve retitling in different states and such, rather than simply restoring the car.
Regardless, unless dealing directly with the DMV, most people call a branded title a salvage title, or at least say something like, “the title isn’t clean”.
That bus needs to be able to (at least indirectly) reach the brakes so that automatic emergency braking can take their measurements as inputs. And that bus needs to be able to reach the audio system to provide audible feedback to the driver when parking, and also mute the radio. Ergo, you have a bus that reaches both brakes and radio. Now, you might want to prevent the radio firmware from sending data to the brakes over that bus, but physically you have to have a connection between them, as we don't really want to make many separate buses for reasons of complexity, cost and maintenance; moving from a separate end-to-end wire for each specific purpose towards a shared bus was a great improvement.
The data would seem to contradict that statement.
[1] https://www.sciencedirect.com/science/article/abs/pii/S00224...
As I see it, the issue here is that it's in automakers interest to tie together the safety improvements (which are great and benefit people) with the cost-reduction mechanisms consolidating controls and monitors into a single screen which seem to conflate operation with infotainment and, I would argue, reduce peoples' safety.
This is only tangentially related but different to the repair question, so I modified what I said a bit to reflect I was going off topic.
You want less safety in order to teach some sort of moral lesson to people? Thank god we don't design planes that way, I guess.
When your attention is drawn to a rear camera system you've now ditched that spacial model entirely and have changed to modeling the video game on the screen in front of you. This context switch is -very- expensive to unwind and at least momentarily costs you your awareness of where everything else except the back bumper is in space, and what's in front or to either side of the vehicle.
As far as mirrors go, they aren't to be relied on solely as they do not provide a full picture of the vehicle's surrounds. Checking one's blind spots by turning your head and actually -looking- in your blind spot before merging is a thing. same goes with the rearview.
Hope that clears up your confusion.
I assure you, that was not a nuisance.
The reason they the US mandated backup cameras was due to accidents like this.
They were that common.
from your original point.
> In response to your post however I think we can dispense with the notion that folks backing into parked cars, light posts, etc, represents anything more than a nuisance to whoever owned the property that got backed into. Yeah it says "crash" in the writeup but we're not talking Michael Bay style 8 lanes of exploding cars here.
Given the complete lack of any empathy at all you've shown, I don't expect you to change your mind on this, but please try to consider if we have a way to prevent deaths, then maybe we should try and not just consider a parent backing over their child to "represents anything more than a nuisance to whoever owned the property that got backed into."
I could go on at length about the consequences of trying to play whack-a-mole with human stupidity and how that just breeds stronger idiots. There have been no significant changes to vehicle-related death statistics since the 90s when airbags were mandated, despite significant improvements to crash protection and countless here-let-me-help-you-with-that safety features that have been introduced in the last 30 years. So what do you call it when improving safety doesn't actually improve safety?
USofA exceptionalism?
Road Deaths per 100,000
Year USofA Australia
1990 17.88 13.66
2021 12.89 4.4
https://en.wikipedia.org/wiki/Motor_vehicle_fatality_rate_in...https://en.wikipedia.org/wiki/List_of_motor_vehicle_deaths_i...
I mean, if you look at the data, you'll very quickly see you're wrong
https://tc.canada.ca/en/road-transportation/statistics-data/...
Fatalities have gone only down over teh past 20 years.
Your assertion that car deaths haven't moved is false
A $2 speaker would work just fine. You would still hear it over the radio. If your radio is so loud you couldn't hear it while parking you have bigger problems. A shared bus might be more efficient, but it is not more redundant. I would rather spend $2 on redundancy here.
But do you? Why not have a plain old audio connection that goes to the audio system? It doesn't have to be on the CAN.
* Where's my car? Press the button, get a honk.
* Lock the doors. If they're powered, close themi first.
* Unlock the doors. If they're powered, open them afterward.
* Warm up the car, it's cold outside.
* Cool down the car, it's hot outside.
So that's five buttons on a remote, maximum. None of them require connection to infotainment systems.
* Lock button. Hold it down to get a honk.
* Unlock button. Hold it to get the car started; if the interior temperature of the cabin is outside a set range, warm or cool it appropriately.
Make one button big and round and smooth and bright, and the other one big and square and textured and dark.
I say this as someone working in this field that has asked a couple of people doing work in this exact direction. I point blank asked them if this will happen, and they just shrugged their shoulders and said... yeah, kinda'.
Which really means auto makers built a terribly insecure system and hope to hide the fact behind security as obscurity? If so, that's the real problem. The vulnerabilities described should not be there in the first place.
I'm speaking as one of the authors of the Uptane standard for secure software updates in vehicles, and as a life-long proponent of user freedom and open access to the computers we buy. There are possible solutions here, but they are not easy.
What use is preventing dangerous modifications, when unmodified devices contain critical safety bugs, and will continue to contain them. The ongoing effort by automakers is increasing the amount of safety bugs by connecting everything to the internet without proper security practices.
The only reason to require signed firmware/hardware as it stands is to decrease the repairability, harm the second hand market, and increase profits.
On the other hand, a Minority Report future where "your" car answers to a different master, or you don't have the right or ability to control your own medical implants and prosthetics, is terrifying. Given that we've lived for almost a century in a world where cars can be modified in unlicensed ways, I'll go with the devil we know.
I love "it's a complicated trade off" - it's way more interesting than whatever slogans end up defining "sides" in a debate
sure most of us reading this have the skills to write new code for their ECU, but realistically almost none of us would do that anyway unless we want to make a trade off that effects emissions.
Many mechanics will read and tell you the codes for free. Auto part stores will as well.
But, that does require physical access to the car and hooking to the wires. Nobody complains that if you hook to the buses on a PC you can own it.
Now they have this security concept where every ECU on the car will have their own private key in their own secure enclave. You need that key to put authenticated data on bus and it can only be updated by the OEM's.
The authenticated bus infra will probably not protect against remote attacks ( since if you own the ECU SW you have the cert and you will still be able to publish signed messages) but will kill ability to change HW.
I really would not like to kill our ability to fix our vehicles but I feel this is the thing that is going to happen.
Not just a concept, on vehicles you buy today (from, for example, Ford and VW)
https://cdn.vector.com/cms/content/products/VectorCAST/Event...
In some ways. In other ways, things are worse now.
Yes
(I've reverse engineered the security system on an ABS controller for the top selling vehicle of a major auto manufacturer. It is atrocious. I'm pretty confident the whole reason it exists is so that they can claim they have one to use the DMCA to stop third party tools from interacting with it.)
https://www.ftc.gov/system/files/documents/reports/nixing-fi...
https://www.sema.org/news-media/enews/2023/28/right-repair-a...
But how would this work with a 3rd party ECU?
So far this has eluded public consciousness, but I expect it will hit the users hard at some point in the near future.
It seems incredibly short sighted to give your radio access to drive the car into a median.
So basically DRM on car repair/parts is already a thing.
It’s depressing that the will of the people that passed this ballot measure can get pre-empted like this. Before it passes? Sure. But afterward you’re just disenfranchising the voters.
I think the saddest part is there probably isn't an auto manufacturer that isn't a participant in the lobbying campaign against bills like this. I can't even vote with my wallet in this situation.
At this point I'm hoping I'll be able to buy an electric kit car that can satisfy my minimal needs in the near future so I don't have to deal with modern vehicles and their shithead manufacturers.
Reading the book Street Level Bureaucrats was eye-opening for me on why seemingly “common-sense” solutions like Direct Democracy end up either just not working or having the opposite of the intended effect. Laws are less like writing software for a computer and more like designing processes for a team writing software.
Right now if you look it up, GOP state governments are working hard to kill the ability for citizens to enact initiatives that could allow them to implement things they want that the state representatives do not want.
The federal agency is NHTSA. The lawyer there who signed the letter about it being a federal crime is Kerry E. Kolodziej.
Kolodziej also works at Mayer Brown, the same law firm that fought in court against the Massachusetts law on behalf of Alliance for Automotive Innovation.
It is believed the NHTSA letter to automakers was a veiled attempt to circumvent the court battle. It fits squarely into the BS category, subcategory Monumental. Tagged with Regulatory Capture.
There's some interesting context missing from the explanation too, which is that apparently the feds were consulted years ago and they said "it's fine."
The Massachusetts Right to Repair Coalition's response to the NHTSA letter:
On behalf of two million voters and thousands of independent auto repair shops across Massachusetts, we are outraged by the unsolicited, unwarranted, and counterproductive letter from NHTSA that conflicts with the Department of Justice's statement submitted two years ago in federal court stating that there was no federal preemption. NHTSA's letter is irresponsible, having been transmitted without any new evidence and after the conclusion of the federal trial, despite having been asked by the judge to participate in the court proceeding and declining. NHTSA's letter fails to acknowledge the evidence and testimony presented at the trial that demonstrated the viability and security of an open access platform. This is yet another delay tactic the manufacturers are using to thwart the will of their customers, Massachusetts voters who voted 75-25 in favor of their right to get their car repaired where they choose. The FTC, the Biden Administration, and many members of Congress have all come out in support of Right To Repair.