If it’s a L2 system the driver is always liable. The report just makes sure we know it’s happening and can force changes if patterns are found. The NHSTA made Tesla improve their driver monitoring based off the data since that was the main problem. The majority of accidents (almost all) were drunk or distracted drivers.
If it’s a L4 system Tesla is always liable, we’ll see that in June in Austin in theory for the first time on public roads.
The report never changes liability, it just let’s us know what the state of the vehicle was for the incident. Tesla can’t say the system was off because it was off 1 second before because we’ll know it was on prior to that. But that doesn’t change liability.
I’ve seen this for data sharing between different cell plans before (2 numbers 1 data plan) and I’ve seen it as a $10 add on to an existing line, but you always had to be paying for 2 things (extra line or small monthy fee)