One of the open questions around FSD has been: when will Tesla accept liability for accidents that happen with FSD engaged? The standard answer has been that Tesla will begin to accept liability once legal jurisdictions and regulatory bodies allow for it. But if FSD is ready before the regulations are, could Tesla take intermediate steps? This is partly a legal question, and partly a question of Tesla's confidence in FSD. I think it's relevant to TSLA investors because taking on FSD liability would be a product decision that affects valuation.
What if Tesla starts accepting responsibility for accidents that happen with FSD engaged for — and only for — customers of Tesla insurance who also maintain a good safety score? Legally FSD would still be an Advanced Driver-Assistance System (ADAS), and the driver would still be liable, but Tesla Insurance would agree to compensate the legal "driver" under certain terms. This would probably increase uptake of both Tesla Insurance and FSD.
However I see limits to this approach. Tesla Insurance could pay for repairs, fines, legal costs, and civil damages "incurred" by a customer using FSD. But what would Tesla Insurance do for an FSD-using customer whose license was suspended or who received a jail sentence for something that happened while FSD was engaged? Are there legal jurisdictions where driving infractions are civil, so this wouldn't be a problem?
What if Tesla rolls out a softer version? Tesla Insurance would waive any deductibles and limits for accidents in which FSD was engaged, as long as the customer maintains a good safety score. That doesn't address liability directly, but it's a step in the right direction. Would it be enough to boost simultaneous uptake of FSD and Tesla Insurance?