The claim was that FSD disengages before collision without user input (presumably to fool someone into thinking that it's the driver's fault). It's not clear who they are trying to fool though. The public will not buy it. NHTSA requires reporting the crash as ADAS-related if ADAS was active at any point during 5 seconds before the crash. The court would just classify this tactic as criminal negligence in the design (if they can detect imminent crash, why they disengage FSD instead of initiating emergency braking?).

All-in-all, the trick that can't fool anyone and that doesn't make any sense. If this claim was true, the only explanation would be that Tesla is evil for the sake of evil and to the detriment to itself. Evil and dumb.

On the other hand, pressing the brake is a common way of disengaging ADAS. Tesla is no better and no worse in this regard than other ADAS manufacturers.