Tesla Roadster Service Negligence; Seeking advice for Legal Action.

[desoukya]

#933 was written off by an insurance co. in 2014 and it's been my goal over the past year to bring this car back to life. I contacted Tesla immediately after purchasing the vehicle and coordinated a drop-off at a SC in California. The car was accepted for service and inspected accordingly to adequately determine what is required to properly fix the vehicle. It was determined a new pack is required, so I opted for the 2.0 remanufactured pack, which costs $14.5k.

Shortly after the service intake of my vehicle, I was completely neglected and ignored for months. I mean literally no response despite countless emails and phone calls. Nearly 4 months later, I finally received communication. I was informed of "great news" that Tesla was no longer going to import a pack from overseas (don't ask) and that instead, they were going to remanufacture the pack at the Gigafactory and it would "cost significantly less". I was thrilled and could barely control my excitement. Unfortunately though, Tesla decided to go radio silent on me once again by completely ignoring my emails and calls for the next 4 months. It wasn't until I made my intentions clear that I had no choice except pursuing legal action that a regional manager was assigned to my case and the channels of communication opened up once again.

I won't go into all the minutiae related to my full experience, because it's a lot, although to summarize in a few words: negligence, incompetence, empty promises, and unethical company behavior.

Fast-forward 1 year later, car is still at service center and now I'm being told 'scratch everything we've promised so far, instead, Tesla will no longer remanufacture 2.0 packs, sorry'. However, given the unsatisfactory service experience I received (at least they acknowledged that), special arrangements were made to secure a 2010 pack. The catch? Oh, well, it's degragaded with only 80% capacity, and I still need to pay full price...seems a bit unethical, no?

I've reached a point in which I cannot amicably reach a favorable resolution with Tesla Service, unless I'm willing to hold my breath and sit tight indefinitely.

Is anyone in a similar situation? Is legal recourse a possible resolution alternative? Would anyone advise against it?

 

[JD M3]

To me, it doesn't sound like you have much of a case here to be honest. It sounds like they tried a variety of different solutions to try and get you a battery pack that's no longer being produced. That's unfortunate that they couldn't, but certainly not negligent. Ultimately they did not do any damage or harm to the vehicle. It would be a different story if for example they damaged the car and refuse to repair the damage that they caused and thus you were at a loss which you could reclaim through a lawsuit. But certainly not being able to obtain the part needed to repair it, which is no longer being produced, is hardly negligent. And while it's unfortunate that they did not respond to your emails or calls, that certainly does not warrant a lawsuit either. There's probably good reason why the insurance company wrote the car off to begin with, because it would be a long shot to be able to fix it.

 

[thefortunes]

My advice...

Maybe, possibly, an attorney would be a better source for legal advice than an internet forum?

 

[X.l.r.8]

So to be clear, it was a bricked vehicle to start with that had also been written of, or written off because it was bricked. Personally I’m astounded that they agreed to touch the HV system on a salvage vehicle. There are many waiting for any type of battery packs to be made available or any capacity. Your best bet is pull the car from them and try a 3rd party, but I fear you will be joining the many who have been waiting for years for a new battery pack.

 

[desoukya]

It sounds like they tried a variety of different solutions to try and get you a battery pack that's no longer being produced. That's unfortunate that they couldn't, but certainly not negligent.

I completely agree. Tesla's attempted "efforts" to resolve the service ticket, albeit significantly lacking, cannot be considered negligent. However, negligence is not always a consequence of fault bearing action (damage/harm to a vehicle as you stated). Perhaps more often than not, negligence is attributed to omission of action, especially when there is a fiduciary responsibility to act otherwise.

But certainly not being able to obtain the part needed to repair it, which is no longer being produced, is hardly negligent.

It's this statement which has me on the fence. Does Tesla have a fiduciary responsibility towards its customers? In other words, are they ethically or legally responsible for supporting a vehicle after it's sold? Or, can they simple walk away after the sale with no repercussions?

So to be clear, it was a bricked vehicle to start with that had also been written of, or written off because it was bricked

My understanding is the vehicle was written off because it was bricked.

Personally I’m astounded that they agreed to touch the HV system on a salvage vehicle

I have more experience than I care to admit with owning unsupported vehicles, so I certainly understand your surprise. For everyone's benefit, in case you may not be aware, Tesla reversed their policy on unsupported cars - ultimately allowing technicians to service the vehicles as well as sell parts. However, there is a caveat; they don't touch HV systems unless it goes through a separate inspection process. In my case however, there is virtually no HV system - the pack is dead. And if a new pack is provided by Telsa, then it's been certified and ultimately deemed safe.

There are many waiting for any type of battery packs to be made available or any capacity.

Thanks for point this out, I had no idea it was this bad. I often feel a sense of reservation to hold back when inclined to disclose my frustration and anger at how Tesla is handling service of Roadsters, but it's very unfortunately that Roadster owners, especially original owners, are waiting years to repair the vehicle which put Tesla on the map.

 

[MichaelP90DL]

Within the last week, I read a major article on this site or Teslarati about special service facilities and technicians for the original Roadsters that will be deployed. Suggest you search for that info.

 

[JD M3]

It's this statement which has me on the fence. Does Tesla have a fiduciary responsibility towards its customers? In other words, are they ethically or legally responsible for supporting a vehicle after it's sold? Or, can they simple walk away after the sale with no repercussions?

I may be misunderstanding the situation. Did Tesla sell the vehicle directly to you with the premise that they would then repair it or did you purchase it from a third party and bring it to them to try to have it repaired. If they didn't sell it to you and it's out of warranty, or damaged by some means that a warranty wouldn't cover then I don't see how they could be held accountable for supporting this repair. Remember this is a car that is no longer produced by Tesla. For example, let's say someone purchases a 1950 chevy impala from a third party with a damaged engine. Could that person bring the car into a chevy dealership and expect that chevy should replace the engine or face a lawsuit? That would be impossible because they no longer make the engine and would somehow have to track down a very limited supply of such engines to perform the repair. Now, if Tesla sold you the car directly with an agreement that they would replace the battery, or if the battery died spontaneously and is still under warranty then that is a different scenario.

 

[X.l.r.8]

What’s warranty?

 

[MichaelP90DL]

You might want to look into this.

Tesla promises Roadster owners dedicated service advisors, technicians and repair centers

 

[pharma5]

Gruber Power appears to have a pack. Link::https://www.gruberpower.com/Roadster-Battery-Pack

There are threads here on TMC about them, as well as videos on YouTube. (I have no experience with them, but just sharing the info).

 

[desoukya]

What’s warranty?

Assuming most Roadster are out of warranty by now, no? This particular vehicle's warranty was voided because of the insurance write off I'm assuming.

I may be misunderstanding the situation. Did Tesla sell the vehicle directly to you with the premise that they would then repair it or did you purchase it from a third party and bring it to them to try to have it repaired. If they didn't sell it to you and it's out of warranty, or damaged by some means that a warranty wouldn't cover then I don't see how they could be held accountable for supporting this repair. Remember this is a car that is no longer produced by Tesla. For example, let's say someone purchases a 1950 chevy impala from a third party with a damaged engine. Could that person bring the car into a chevy dealership and expect that chevy should replace the engine or face a lawsuit? That would be impossible because they no longer make the engine and would somehow have to track down a very limited supply of such engines to perform the repair. Now, if Tesla sold you the car directly with an agreement that they would replace the battery, or if the battery died spontaneously and is still under warranty then that is a different scenario.

Got it. The way you frame your explanation makes total sense. I suppose it's safe to assume once the warranty period of a vehicle has expired, generally speaking, the company has fulfilled its legal obligation and no longer has to support the vehicle. In retrospect, that seems obvious I suppose. Not sure why I felt the Roadster was any different.

Seems my best course of action is to bite the bullet and pay full price for the reduced capacity pack given the limited availability.

 

[desoukya]

Gruber Power appears to have a pack. Link::https://www.gruberpower.com/Roadster-Battery-Pack

There are threads here on TMC about them, as well as videos on YouTube. (I have no experience with them, but just sharing the info).

Thanks @pharma5, I've spoken with Pete/Peter over at Gruber Motors. They are great people; very genuine and honest.

 

[JD M3]

Seems like your best bet would be to try to get a battery from a third party seller. That would be awesome if you can get it running again, best of luck!

 

[ML Auto]

That car has a interesting history, and because it is a salvage car you have absolutely no recourse whatsoever. They are not required to service it or even sell you parts. The batteries are unavailable and you are at Tesla's mercy as to what they want to sell you. Probably the best financial scenario would be to sell it complete for parts, or part it out yourself. Tesla's handling of the service of their vehicles has always been their biggest problem (especially away from the West coast), and needs to be corrected if they are to survive.

2010 Tesla Roadster (5YJRE1A18A1000933)

 

[markwj]

Seems my best course of action is to bite the bullet and pay full price for the reduced capacity pack given the limited availability.

I would suggest waiting (another) few months. The rumours of something moving on the 3.0 pack are getting stronger. As others have mentioned, Tesla has a contractual requirement to produce new replacement battery packs for some cars sold with a battery replacement contract, so something has to be done. There are also dozens / hundreds of cars in service centres waiting for this.

I would NOT recommend getting a 20% degraded 2010 pack. That would already be almost 10 years old, and will fail.

If you can't wait, talk to Gruber.

P.S. Legally, I don't think you have a leg to stand on (unless the law in your country/state obliges manufacturers to service+support cars for N years). Tesla's obligations end with the warranty.

 

[ICON]

I would suggest waiting (another) few months. The rumours of something moving on the 3.0 pack are getting stronger. As others have mentioned, Tesla has a contractual requirement to produce new replacement battery packs for some cars sold with a battery replacement contract, so something has to be done. There are also dozens / hundreds of cars in service centres waiting for this.

I would NOT recommend getting a 20% degraded 2010 pack. That would already be almost 10 years old, and will fail.

If you can't wait, talk to Gruber.

P.S. Legally, I don't think you have a leg to stand on (unless the law in your country/state obliges manufacturers to service+support cars for N years). Tesla's obligations end with the warranty.

.....hear many different interpretations of the same story and begin to question which interpretation or 'rumour' is accurate.
I gave up waiting as you know Mark...

 

[desoukya]

Seems like your best bet would be to try to get a battery from a third party seller. That would be awesome if you can get it running again, best of luck!

Thanks, I greatly appreciate your input!

I would suggest waiting (another) few months. The rumours of something moving on the 3.0 pack are getting stronger. As others have mentioned, Tesla has a contractual requirement to produce new replacement battery packs for some cars sold with a battery replacement contract, so something has to be done. There are also dozens / hundreds of cars in service centres waiting for this.

I would NOT recommend getting a 20% degraded 2010 pack. That would already be almost 10 years old, and will fail.

Yeah, not happy about the 20% degraded pack, either. The rumors could be true. All roadster owners received an email from Jerome Guillen last week regarding the dedicated support channels for addressing roadster service concerns (as @MichaelP90DL had also indicated above). Let's hope they start addressing the pack concerns soon.

 

[im4uttx]

... All roadster owners received an email from Jerome Guillen last week regarding the dedicated support channels for addressing roadster service concerns (as @MichaelP90DL had also indicated above). Let's hope they start addressing the pack concerns soon.

Not all owners have received an email.....

 

[desoukya]

Not all owners have received an email.....

For reference:

 

[Chickenlittle]

I agree with tesla doing what they can to support the old roadsters but wish they would not attempt repairs of totaled cars.