The Box That Remembers the Last Few Seconds

What the recorder captures

Vehicle Code 9951 covers manufacturer-installed recording devices, commonly called event data recorders or sensing and diagnostic modules, that do one or more of these things so data can be retrieved after an accident:

• record how fast and in which direction the vehicle is traveling;
• record a history of where it travels;
• record steering performance;
• record brake performance, including whether the brakes were applied before an accident;
• record the driver's seatbelt status;
• transmit information about an accident to a central communications system.

The California section applies to vehicles manufactured on or after July 1, 2004, and the manufacturer of a new vehicle sold or leased here with such a device must say so in the owner's manual. A federal rule, 49 CFR Part 563, sets data standards for recorders in passenger cars and light trucks up to 8,500 pounds GVWR built on or after September 1, 2012, but it applies only to vehicles that have a recorder; it doesn't require one.

Who may download it in California

Only the registered owner, unless one of these applies:

1. the registered owner consents;
2. a court with jurisdiction orders it;
3. it is retrieved for safety research and the owner's or driver's identity is not disclosed;
4. a licensed new car dealer or an automotive technician retrieves it to diagnose, service or repair the vehicle.

Connected-car subscription services are handled differently: if the subscription records location or transmits crash information, the agreement must disclose that, and the download restriction doesn't apply to that service.

Why it matters for an insurance claim

When drivers disagree about who braked, who was speeding or who was belted, recorder data can settle the argument either way. An insurer, the other driver's insurer or an attorney may ask you to consent to a download. Before you sign, ask what will be retrieved, who will see it, and whether you will get a copy. Your policy's cooperation clause may bear on how you respond to your own insurer's request, so read it, and get advice if the stakes are high.

Recorder data usually covers only a few seconds around the event, so it is no substitute for your own evidence. Photographs of the scene, the other driver's details and witness names still matter, whatever the car recorded.

If you were driving a car registered to someone else, such as a family member or a business, the consent belongs to the registered owner. And if the car may be declared a total loss and you want the data preserved, raise it before ownership is transferred.

What about this vehicle can matter

Not every car has a recorder, and capabilities differ by make and model year. Check the owner's manual for the disclosure, and check any connected-service agreement for what it collects. A car with automatic crash notification can summon help faster, which is a real safety benefit, and it is worth knowing what else that service records.

What varies by insurance company

Whether an insurer asks to download recorder data, how it weighs that data in deciding fault, and how it handles your copy all vary. Usage-based or telematics programs are separate: they are opt-in programs you join, not the crash recorder built into the car.

If a claim has left you unsure what your car recorded or who can see it, talk to us about your policy and what it asks of you.