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Curious to know how the insurance company may respond. Likely they'll find the driver at fault, but if there is evidence of some sort of malfunction, they may take it upon themselves to go after the manufacturer, dealer or importer in order to recoup some or all of their costs.
Probably not very well considering he is taking pictures of the dash while his car is flying down the road....
Hey in a world where you can sue Mcd's and win for coffee being too hot, go for it. I don't think you have a case, you'd probably have to sue them in the US too which will be even more costly I'm sure.
Yes and as others have said don't lead with "I'm going to sue you"
You dont have a prayer if you file a lawsuit.. I have owned 3 cars (mercedes , Audi) and NONE of them including my Tesla work/worked 100% perfect with ACC.
You have to pay attention when driving, none of these systems were meant to just ignore what the car is doing.
Based on your impact Id say you were moving very fast, didnt you think to apply the brakes as that car got closer? When I use ACC in traffic my foot hovers over the brake pedal...
No one realizes that was actually a legitimate lawsuit. McDonald's was giving coffee to customers that was almost 180 F’ when it should have been more close to 120-130 F'.
No one realizes that was actually a legitimate lawsuit. McDonald's was giving coffee to customers that was almost 180 F’ when it should have been more close to 120-130 F'.
Sorry to hear about your accident Emir! Glad everyone's OK. That's really all that matters, believe me. Your wife being pregnant and a 3-year old in the car, made me choke as I read it. But really the only thing that got hurt here was steel, aluminum and glass. And your wallet, right?
That said I hope you will work together with Tesla to resolve this. I hope you will cooperate in reconstructing the accident, from your experience. Then if there's telemetric data in the car or on Tesla's servers they could see it from the car's perspective. These real world incidents is super important for the designers of such a system - the only way to perfect it. If you contact them with this attitude I'm 100% sure that Tesla will:
1) Get you in a new P85D, courtesy of Tesla
2) Set up a team of several people to examine what has happened, since as I said, there's some very valuable and important info and data to be collected here.
Try contacting Jerome Guillen directly, but with the tone and approach I suggested above. He will be on this within 24 hours. His mail address is simply Jerome (at) teslamotors .dot. com
Good luck!
+1 for the attitude suggestion. And a big +1 for Tesla learning from his telemetry and making improvements. However, for the sake of the stock price and the future success of Tesla, they better not be giving away P85D's as a courtesy every time someone wrecks one.
Warning: Traffic-Aware Cruise Control is for guidance purposes only and is not a collision warning or avoidance system. It is the driver's responsibility to stay alert, drive safely, and be in control of the vehicle at all times. Failure to do so can result in serious injury or death.
Warning: Do not use Traffic-Aware Cruise Control on city streets due to inevitably changing traffic conditions and the presence of bicycles and pedestrians.
Warning: Traffic-Aware Cruise Control has limited ability to detect vehicles merging into your lane at close distances.
Warning: Do not use Traffic-Aware Cruise Control on winding roads with sharp curves. Traffic-Aware Cruise Control does not adapt driving speed based on road conditions.
Warning: Do not use Traffic-Aware Cruise Control on icy or slippery road surfaces, or when weather conditions (such as heavy rain, snow, fog, etc.) make it unsuitable to drive at a consistent speed. Traffic-Aware Cruise Control does not adapt driving speed based on road and driving conditions.
Sorry to hear about the accident, but it seems like your family is unhurt, which is really all that matters. As others have said, you are better of trying to work with Tesla then threatening to sue, but I am also guessing they will take a dim view of dealing with a grey market car.
Warning: Traffic-Aware Cruise Control is for guidance purposes only and is not a collision warning or avoidance system. It is the driver's responsibility to stay alert, drive safely, and be in control of the vehicle at all times. Failure to do so can result in serious injury or death.
Warning: Do not use Traffic-Aware Cruise Control on city streets due to inevitably changing traffic conditions and the presence of bicycles and pedestrians.
Warning: Traffic-Aware Cruise Control has limited ability to detect vehicles merging into your lane at close distances.
Warning: Do not use Traffic-Aware Cruise Control on winding roads with sharp curves. Traffic-Aware Cruise Control does not adapt driving speed based on road conditions.
Warning: Do not use Traffic-Aware Cruise Control on icy or slippery road surfaces, or when weather conditions (such as heavy rain, snow, fog, etc.) make it unsuitable to drive at a consistent speed. Traffic-Aware Cruise Control does not adapt driving speed based on road and driving conditions.
As far as the lawsuit goes, these are the warnings that start off the TACC section of the owner's manual:
Thanks everyone for giving sound advice as it appears that we were caught in the heat of the moment. We are trying to calm down and think reasonably. It's late now and not much to do, we should sleep on it and act next week. Again, I'm posting these in the name of the vehicle owner who happens to be my friend, unfortunately I can't afford a Tesla, no way.
We should contact Tesla as this would be an interesting case for them too and the fact that they called the importer right after the accident is a bit weird.
Leaving all things aside, how would one go about sending the car back to a Tesla service country again and repairing it? Should we just ship it to the NL and send the invoice to the insurance company? How would the legality of the things go as in customs etc?
I will add the vehicle owners' comments and keep this thread updated. Suing things weren't a threat but just the owner being caught in the heat of the moment and rightfully so.
This is a bit off topic, but ever since learning more about this case it's kinda frustrating to see people still reference it as an example of a frivolous lawsuit. While the "hot coffee" lawsuit was roundly mocked in the news and media (because honestly, it sounds silly!) the elderly woman was very seriously injured. The coffee was at a temperature to cause third degree burns in as little as two seconds of exposure to skin. Serving coffee at that temperature in a cup with a flimsy clip on lid was just not a good idea.Hey in a world where you can sue Mcd's and win for coffee being too hot, go for it.
Hey in a world where you can sue Mcd's and win for coffee being too hot, go for it. I don't think you have a case, you'd probably have to sue them in the US too which will be even more costly I'm sure.
Yes and as others have said don't lead with "I'm going to sue you"