That's one subset.

What people can credibly claim, because Tesla's stats are entirely loaded and biased, is that any claim AP is safer than humans is just that, a claim. Because AP will (usually) disengage in situations where it won't do well, something humans can't.

The closest you could come (maybe, who knows, because Tesla hordes the raw data like Gollum, despite their "commitment to corporate transparency") is:

"In optimal and safe driving conditions, AP may be safer than human drivers, and in less optimal conditions, uh, we don't know, because it turns off. And we won't count those miles against AP."

Tesla should actually, if they have the courage of their convictions, show how many miles are driven where AP/FSD would refuse to engage.