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A little direction with a crash!

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Hello everyone.

I have a 2019 Model X. I was self-driving. I was parking my vehicle, and the hold failed, then the brake wouldn't engage, and the car went through a business we were parking in front of. A video shows my brakes are clearly on the whole time, and there is no acceleration at all. It just keeps going at a low speed through the building. Tesla took over two weeks to study the diagnostics and has come back verbally telling me the car is fine and nothing went wrong. They said this was a driver error. It most certainly is not, as I also had a witness in the car watching me unable to brake or control the car. Anyway, they would only tell me this verbally. They would not put int the app. They won't give me a hard copy of the report for my insurance or a lawyer. Has anyone dealt with this? How can they say I'm responsible but give me no proof? I'm beside myself because I have a video showing the brake lights, and we all know if I accelerated, I would have been going much faster than 10 miles an hour. You would have seen an acceleration in the video. They now won't talk to me and said I can only go through their legal team. Thanks for any info or insight into this.
 
Hello everyone.

I have a 2019 Model X. I was self-driving. I was parking my vehicle, and the hold failed, then the brake wouldn't engage, and the car went through a business we were parking in front of. A video shows my brakes are clearly on the whole time, and there is no acceleration at all. It just keeps going at a low speed through the building. Tesla took over two weeks to study the diagnostics and has come back verbally telling me the car is fine and nothing went wrong. They said this was a driver error. It most certainly is not, as I also had a witness in the car watching me unable to brake or control the car. Anyway, they would only tell me this verbally. They would not put int the app. They won't give me a hard copy of the report for my insurance or a lawyer. Has anyone dealt with this? How can they say I'm responsible but give me no proof? I'm beside myself because I have a video showing the brake lights, and we all know if I accelerated, I would have been going much faster than 10 miles an hour. You would have seen an acceleration in the video. They now won't talk to me and said I can only go through their legal team. Thanks for any info or insight into this.

The only thing that we actually know (that has been proven) is that every single instance of "unintended acceleration" that has ever been reported on these cars up to this point has been proven to be not the car.

Perhaps yours is different. If so, engage your lawyer with your proof and sue.
 
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Hello everyone.

I have a 2019 Model X. I was self-driving. I was parking my vehicle, and the hold failed, then the brake wouldn't engage, and the car went through a business we were parking in front of. A video shows my brakes are clearly on the whole time, and there is no acceleration at all. It just keeps going at a low speed through the building. Tesla took over two weeks to study the diagnostics and has come back verbally telling me the car is fine and nothing went wrong. They said this was a driver error. It most certainly is not, as I also had a witness in the car watching me unable to brake or control the car. Anyway, they would only tell me this verbally. They would not put int the app. They won't give me a hard copy of the report for my insurance or a lawyer. Has anyone dealt with this? How can they say I'm responsible but give me no proof? I'm beside myself because I have a video showing the brake lights, and we all know if I accelerated, I would have been going much faster than 10 miles an hour. You would have seen an acceleration in the video. They now won't talk to me and said I can only go through their legal team. Thanks for any info or insight into this.
Looking for the video?

As soon as you said lawyer they stopped giving you info? What a surprise. In the US your lawyer can get the document through discovery. Assume Canada is the same.
 
The only thing that we actually know (that has been proven) is that every single instance of "unintended acceleration" that has ever been reported on these cars up to this point has been proven to be not the car.

Perhaps yours is different. If so, engage your lawyer with your proof and sue.
Thank you. The car actually did not accelerate at all. It maintained the speed I came into the spot doing. The hold failed 1/2 way into the spot and then my foot was firmly on the brake, and it would not respond. As my passenger said it felt like a ride at Disneyland. Just a mind of its own, keeping the exact same speed.
 
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Hello everyone.

I have a 2019 Model X. I was self-driving. I was parking my vehicle, and the hold failed, then the brake wouldn't engage, and the car went through a business we were parking in front of. A video shows my brakes are clearly on the whole time, and there is no acceleration at all. It just keeps going at a low speed through the building. Tesla took over two weeks to study the diagnostics and has come back verbally telling me the car is fine and nothing went wrong. They said this was a driver error. It most certainly is not, as I also had a witness in the car watching me unable to brake or control the car. Anyway, they would only tell me this verbally. They would not put int the app. They won't give me a hard copy of the report for my insurance or a lawyer. Has anyone dealt with this? How can they say I'm responsible but give me no proof? I'm beside myself because I have a video showing the brake lights, and we all know if I accelerated, I would have been going much faster than 10 miles an hour. You would have seen an acceleration in the video. They now won't talk to me and said I can only go through their legal team. Thanks for any info or insight into this.
Hello everyone.

I have a 2019 Model X. I was self-driving. I was parking my vehicle, and the hold failed, then the brake wouldn't engage, and the car went through a business we were parking in front of. A video shows my brakes are clearly on the whole time, and there is no acceleration at all. It just keeps going at a low speed through the building. Tesla took over two weeks to study the diagnostics and has come back verbally telling me the car is fine and nothing went wrong. They said this was a driver error. It most certainly is not, as I also had a witness in the car watching me unable to brake or control the car. Anyway, they would only tell me this verbally. They would not put int the app. They won't give me a hard copy of the report for my insurance or a lawyer. Has anyone dealt with this? How can they say I'm responsible but give me no proof? I'm beside myself because I have a video showing the brake lights, and we all know if I accelerated, I would have been going much faster than 10 miles an hour. You would have seen an acceleration in the video. They now won't talk to me and said I can only go through their legal team. Thanks for any info or insight into this.
Whenever I’ve had this happen to me, it has turned out that my foot was contacting both the brake and the accelerator pedal simultaneously. However, this was in my Acura and not in my Tesla. I’m sorry about your accident.
 
Whenever I’ve had this happen to me, it has turned out that my foot was contacting both the brake and the accelerator pedal simultaneously. However, this was in my Acura and not in my Tesla. I’m sorry about your accident.
I understand that's the optics of this. I was only pressing the brake. It was very clearly pressed and held a couple of times. Not sure how I prove that, though. I think the report would show that, but they didn't mention that.
 
Thanks for the video.

While this is very interesting to me, and I do not own a MX so I cannot say for sure, but your top mount brake light did not come on until you went through the glass (at about the 11th second), suggesting you did not brake?

When exactly are you saying you were braking?

I am not saying you are lying, I am just trying to better understand what happened!
 
Oh, no worries. I've wracked my brain about every scenario. I see what you are pointing out. Later in the scenario, I was pumping the brake to try and get it to engage. That could be what that is. I realize Tesla is impossible to go up against. I am just upset that they won't release the diagnostic or review it second by second with me, so I can understand what actually happened.
 
Thanks for the video.

While this is very interesting to me, and I do not own a MX so I cannot say for sure, but your top mount brake light did not come on until you went through the glass (at about the 11th second), suggesting you did not brake?

When exactly are you saying you were braking?

I am not saying you are lying, I am just trying to better understand what happened!
As for when I braked...once the hold failed (me taking the foot off the power and it not kicking in regen braking and slowing) I put on the brake right to the floor of car ( if the wrong pedal we would have been hurled through the building). That was about 1/2 way in the spot. It wouldn't brake at all as I went sailing through the building - once we crash through the glass I try to pump the brake a couple of times again t try and engage it. We actually hit a desk and it goes into a wall and that is what stops us. Not the brake.
 
Oh, no worries. I've wracked my brain about every scenario. I see what you are pointing out. Later in the scenario, I was pumping the brake to try and get it to engage. That could be what that is. I realize Tesla is impossible to go up against. I am just upset that they won't release the diagnostic or review it second by second with me, so I can understand what actually happened.

You likely need to get a lawyer to try to force that disclosure. They dont have to "talk with you" about something like this. they have no reason to do so, since anything anyone says to you can possibly be used against them.

Instead of creating an account and posting here, you should be engaging your lawyer to force them to give you the information.
 
As for when I braked...once the hold failed (me taking the foot off the power and it not kicking in regen braking and slowing) I put on the brake right to the floor of car ( if the wrong pedal we would have been hurled through the building). That was about 1/2 way in the spot. It wouldn't brake at all as I went sailing through the building - once we crash through the glass I try to pump the brake a couple of times again t try and engage it. We actually hit a desk and it goes into a wall and that is what stops us. Not the brake.
I understand. That is really unfortunate!

I hope you lawyer up and Tesla releases the information you are requesting so you can have what you need to proceed. Hope all goes well.

Please update us with what happens!
 
You likely need to get a lawyer to try to force that disclosure. They dont have to "talk with you" about something like this. they have no reason to do so, since anything anyone says to you can possibly be used against them.

Instead of creating an account and posting here, you should be engaging your lawyer to force them to give you the information.
Obviously, I have contacted a lawyer. I've spoken with three top lawyers from my city. Many of my friends are lawyers. I came here for a little direction from other drivers who might have had this happen. I wouldn't be here if I was getting answers or this didn't seem convoluted. That's all. I'm Canadian and stuck in the US for two weeks while my child does a course here. We aren't as litigious as the US, so it's been an upward battle with very good lawyers not knowing what to do with this. Most have no experience with Tesla and don't want to touch this or they treat it as an insurance issue or personal injury - which it is not.
 
There’s a subtle moment when the cars front enters the parking space that it looks to decelerate slightly (as I’d expect if I was parking there). That either doesn’t continue or there’s a subtle acceleration also.

I have had my foot touch the brake and accelerator pedal simultaneously on a number of occasions without immediately realising.
In that scenario the car seemed to maintain its speed rather than slow or speed up.

A little warning appears on the binnacle display of my Model X. It’s right in front of me so I noticed it.

Not saying this was what happened with your scenario but I imagine on a model without the instrument cluster binnacle screen that it would be a lot less easy to notice the warning on the centre screen not in direct vision.

I expect Tesla would have likely told you if this was in the driving log though.
 
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I understand that's the optics of this. I was only pressing the brake. It was very clearly pressed and held a couple of times. Not sure how I prove that, though. I think the report would show that, but they didn't mention that.

If you look at the video, the car actually accelerates just before hitting the curb (it would not go over the curb so easily without applying thrust). Then it sort of maintains speed until rear wheels also come over the curb and then it accelerates again. These could coincide with the sequence you mentioned, "pressed and held a couple of times".

This coincides with how the car would behave if you accidentally pressed both accelerator and brake pedal, depending on how much each. You can try it yourself with another Tesla, I have done it myself couple of times when wearing huge boots and it is really confusing (and with my oversized fireman boots, I cannot feel a thing about pressing two pedals).

Ask for the logs from Tesla and they should show this to be the case and you can put it to rest. Tesla should probably make this particular warning more visible like flashing red full screen text BOTH ACCELERATOR AND BRAKE PRESSED.
 
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