No matter where NHTSA sets the speeds for the test, you can always increase the speeds a bit and show cars failing miserably. In addition, no matter what tests are done and where the standards are set, real life will not necessarily play along.
Insurance companies love to moan and grumble and try to blame everyone else while figuring out ways in which they won't have to pay.
You'd think it would be cheaper just to try and be honest and pay what should be paid, but the companies that have tried that are out of business.
So in the end, defensive driving (why can't I buy that T-34 tank??), patience, and just paying attention seem to work best.
You pays your money and you takes your chances. Caveat emptor.
Cheers,
PH