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My experience taking Tesla to court about FSD
- Thread starter edb49
- Start date
I think you may be making over assumptions for how devious Tesla are.
But in any event, I'm not planning on trying, sorry. Car will most likely be sold soon.
Well done, if we are not happy with something we just have to move on - it is just a car
Nice work OP!
I know this is in the UK/Ireland forum, but I'm interested in how this might or might not play out in the US.
In the US Tesla has delivered autosteer on city streets. They obviously haven't delivered any L3 or higher autonomy - in short, anything where the driver can stop paying attention to the road or where liability shifts from driver to Tesla.
If I recall correctly, early on Tesla did have written claims on the website about participating in a robotaxi network. They might have had some wording about cross country summon as well, but am less sure there.
I don't recall at all if they put a timeline on those features.
Thoughts on what is feasible in the US?
I know this is in the UK/Ireland forum, but I'm interested in how this might or might not play out in the US.
In the US Tesla has delivered autosteer on city streets. They obviously haven't delivered any L3 or higher autonomy - in short, anything where the driver can stop paying attention to the road or where liability shifts from driver to Tesla.
If I recall correctly, early on Tesla did have written claims on the website about participating in a robotaxi network. They might have had some wording about cross country summon as well, but am less sure there.
I don't recall at all if they put a timeline on those features.
Thoughts on what is feasible in the US?
Indeed.
It’s also in Tesla’s interests not to have a judgement go against them on this matter. Although small claims courts don’t set precedents, they could inform future verdicts along similar lines. Tesla would probably want to avoid that, and would rather deal with each case individually.
That being said nothing is certain in small claims. I’m not sure I’d bet a ~£8k settlement on a judgement in my favour, and I also don’t know how enamoured a judge would be with a plaintiff who had forced the case into court having been offered what they asked for.
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I think even if you win in those circumstances, you will face the court charges from the defendants as they offered what you've asked for before the court case. There are some hybrid forms prior to taking someone to court in civil cases like arbitration, mediation, ADR and so on. Some of these are country specific and the whole idea of ADR (alternative dispute resolution) evolved as an accepted business practice only in the 70s.
I was 100pc prepared to take that bet.
One thing I never considered is when Tesla made the financial offer I accepted, just saying to them to file an admission with the court instead. That's probably still better than a judge making a judgement against them.Technically, only if Tesla made their offers "without prejudice save as to costs" which they did not. Also, a huge counter to this is that nothing factual changed between my original letter before action and the settlement... So I could say they had been behaving badly by not settling at the earliest point.
It is a standard business practice while you do out of court settlements and these NDAs do not include gagging order in cases like work place and sexual harassment etc.,I am not sure whether it was a NDA or a confidentiality agreement. Most business dealing do NDA and work place cases involve confidentiality agreements. I don’t think the OP breached the primary confidentiality agreement as he clearly asked them to remove it but the implicit confidentiality agreement may or may not have been breached by discussing this online. Still it is not legally challengable unless Tesla wants to take it on further.
I agree, I am only hypothesising what if Tesla agreed to pay and you wanted a legal challenge and taken that to court for a verdict against Tesla.
Standard practice in settlement agreements, I agree.
NDA and confidentiality agreements being two different things, I disagree.
There being an implicit confidentiality clause to the agreement when I specifically required it to be removed and a court judgement wouldn't have a similar clause, hard disagree!
Thanks, I paid £5300 to go from no AP at all to FSD (Back in 2017 even basic AP was a paid for ‘feature’). I think I would struggle to go back to zero AP at all, and paying another £6,300 for EAP on the car would be pretty pointless to go through all that hassle.
Glad you got the resolution you wanted, I cannot believe anyone would pay £9,700 to go from no AP to FSD right now!!
The only relevance of historic British laws to SCOTUS is in interpreting the meaning of the US Constitution by understanding the legal framework that existed in the US when it was written, this was British law until that moment of independence. There is no correlation of modern British law having any relevance to modern US judges.
Anyway, there was no judgement in this case, and hence no winning or losing parties, that's what settlement means. It creates no precedent that others can refer to.
Because of the value, I always thought this would be allocated to the small claims track... So I wasn't concerned about paying costs if I lost.
Yep, I've got screenshots of various claims they made on their website. If you bought in Nov 2019 I'm 99pc sure they were making the claim then, I can double check if you're interested.
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