First: Most Tesla owners disengage autopilot by tapping the brakes or turning the wheel. This is typically more well-known and more convenient than the official way to disengage autopilot (push right stalk up, which if you do twice can shift to neutral).
Second: Tesla autopilot drives like someone taking a driving test. It accelerates slowly, signals well before changing lanes, makes sure there is plenty of room in front, etc. In my experience, the vast majority of interventions are to drive more aggressively, not to avoid a collision. I think maybe twice I've disengaged to prevent a collision. In those cases it was to avoid debris in the road, not another vehicle. (The debris was unlikely to damage the car, but better safe than sorry.)
If it's to avoid a collision then the autopilot would have crashed, and it should be deemed an autopilot accident.
When I say possible, what I mean is they should go back, run the sensor data through the system, and see what autopilot would have wanted to do in the time that the human took over.