you're right about the duty to rescue, however having been involved with OnStar's systems sometime ago I will tell you what they will say. "While we still collect data on your driving habits, information is not monitored it is collected and stored and analyzed later. We are not currently equipped to monitor the millions of vehicles that are currently equipped OnStar that are not subscribers." But I'm sure everyone on this forum knows it would not take much modification to have accidents set off an alarm in their monitoring system. This way only when an accident happens would you be notified. But the liability reasons I'm sure they will not want to open up that can of worms.
"Yes, your Honor. My eyelids were open and my eyeballs were receiving light reflected off the victim, but my pre-frontal cortex was not paying attention to the input at the time. Therefore, you must find me not guilty."
IANAL, IANAD, but the "collecting data without analyzing data" argument still seems pretty flimsy.
