General

Unexpected acceleration claim process?

edited March 30 in General
I experienced an unexpected acceleration event last week, ending up in a small accident. Fortunately nobody was hurt. There is no question in my mind that my 2015 Model S launched itself as I eased on the accelerator pedal while pulling into a parking spot. Is there a process already established to file a claim to Tesla?

Edit: Tesla has already settled privately a lawsuit on this issue. See https://www.bloomberg.com/news/articles/2018-11-13/tesla-resolves-most-of-lawsuit-that-alleges-sudden-acceleration

For anyone genuinely interested, I cannot tell if the brakes worked when I completely removed the foot from the accelerator, and stomped the brake pedal. The time between the lurch and the collision was extremely short. It did feel like there was no braking. The impact from the model S bumped an SUV parked in front about 10-11 feet back. The model S itself stopped about 4-5 feet into the opposing parking space, which would indicate the brakes **eventually** clamped. Had they not, the cars would've ended stuck bumper to bumper, as I have Creep enabled. Those who understand how a Tesla works will know the car would've continued to roll forward in the case of an elastic collision. I experienced no whiplash.

Trolls and gullible fandom who think the only way unexpected acceleration may happen is by stepping on the accelerator are welcome to stay away or go celebrate their infantile lack of intellect within their own threads.

Edit #2
30 days later, Tesla says my case is still "open and under review"... Cue in C & C Music Factory:
You do not need to buy the $1200 EDR harness kit https://www.crashdatagroup.com/tesla-edr-kit/ to download your data logs.
Tesla is not training it's CSAs to advise helpfully. Yet, after researching a bit, I found this nugget: https://www.tesla.com/support/privacy. You can request logs be sent to you at no cost (at this time).

Edit #3
50 days later, I called Tesla a 4th time. The CSA could not find my case in their system, but discloses it could be logged somewhere else. He promises to call me before EOD, and HE ACTUALLY DID!!! THATS A FIRST since service quality plunged after Model3 was launched...
However, when he called me back, he stated "the logs were reviewed" and profusely apologized because nobody followed up. Then proceeds to claim "the logs showed that the car was operating properly, meaning the accelerator was pressed...". I didn't let him finish the BS story. OF COURSE IT WILL SHOW AS PRESSED, while I was RELEASING the pedal to slow down into the parking spot. But does it show 100% depression? And If so, why would I floor the 'gas' pedal into a parking turn ?
I politely let him know this was usual Tesla BS and asked him to send me the logs I requested, which he promised to do 2 hours ago so I could send them to the NHTSA... We'll see what happens when I review the logs myself, but I smell a dead rat in Tesla's managing of these incidents...

Edit #4
Tesla finally responds (near 90 days later), and only because of a Mt Kisco manager who does his job diligently. My previous experiences with Tesla service would have led me to believe they took customer complaints in post it notes. Kudos and thanks to Stan. If he is using post-its, he can manage them damn well.
About the interpretation of the logs I received, completely different story. It would seem Tesla is implying I was driving with both feet. The final log entry interpretation reads that after the crash, "The accelerator pedal was then released, the brake pedal remained manually depressed, and the vehicle came to a stop".
That's perplexing. I can't imagine myself bending my foot to manage this, much less in the tenths of a second this happened. I'm gonna try doing that with some boxes and see how can that work using a single foot and same footwear...
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Comments

  • edited January 7
    Hit the wrong pedal?

    Don't know of any process, but you could make your case at your nearest SvC.
  • edited January 7
    @rafamis: at no point in history has this ever happened. Be prepared for Tesla to pull car logs and tell you which pedal was actually pressed.
  • edited November -1
    You pressed the accelerator. Simple as that.
  • edited January 7
    This tends to arise during parking maneuvers and/or people unfamiliar with the car. For some reason, people haven't reported this happening on the road when approaching a stop.
  • edited January 7
    I love it when the Dunning Krugger trolls come out thinking they're so witty, with no helpful information whatsoever. I should not write this, but I sincerely hope it happens to you, so you can think back and eat your own words. Apparently, electronics never fail, right? Remember that the next time you reset your computer after it freezes. Maybe it was because you pressed the wrong mouse button.


    But seriously, Tesla can only prove what the sensors log. The sensor may incorrectly detect pressure on the pedal, which is one possible explanation to the issue. Bad news, trolls, there's serious research on this.

    https://www.autosafety.org/wp-content/uploads/2015/03/Teslas-Sudden-Acceleration-Log-Data-What-It-Shows.pdf
  • edited January 7
    "There is no question in my mind that my 2015 Model S launched itself as I pulled into a parking spot."

    Serious question: How could someone who inadvertently pressed the wrong pedal say anything else?
  • My car (Model 3) actually hesitated today when I pressed the accelerator at a stop light...I didn't quite floor it, but I did press it pretty hard so that I would be able to make the next light...and after it initially started accelerating fast it then for a moment acted kind of sluggish before resuming fast acceleration.
  • edited January 7
    must have a twitchy foot
  • edited January 7
    @Thomas: Better safe than sorry. Get it checked. A bad pedal sensor can fail by sticking or by staying open.

    You can also order a EBD harness adapter cable to hook a into the diagnostic port. Thats probably much quicker than getting an appointment at the local Tesla shop. I read that Tesla offers the diag app for free. Unlike our gullible, soylent-green friends posting here, some people do prefer trusting what they can test themselves. But ignorance is bliss I guess.

    https://electrek.co/2018/03/06/tesla-new-edr-tool-blackbox-data-crash/
  • edited January 8
    Something I've pondered when I've seen the various SUA claims: Was AutoPilot or TACC on? Seems a lot of these SUA claims occur when pulling in to a parking lot. If TACC is set for, say, 35 mph, but you coast into a parking lot behind another vehicle, if the driver never disengages TACC, would it not seek its max speed if the car in front pulls off? Then you would not have to mash the go pedal to have the car lurch forward...
  • edited January 8
    I think the process is you claim unintended acceleration, everyone here says you used the wrong pedal. Eventually you file a claim with your insurance company.

    You can contact your local service center and see if they see anything wrong with the car. You can also report it to the https://www.nhtsa.gov

    I really wish they would put a camera in the driver foot well. That would provide good proof one way or the other.
  • edited January 8
    Good luck with that. There is a guy you can pay to prove your case but I'l bet he wont find in your favor:
    https://teslamotorsclub.com/tmc/posts/2721145/
  • edited November -1
    @Wormtown Kris
    +No autopilot on my model.
    +Cruise control was set to 79, but obviously not in use in the parking lot,plus it doesn't work below 15 MPH, if memory serves


    I drove a P100D with Pilot2 +Self Drive Navigation Beta for a week. Concluded its not for me. Will not waste $6K on postpurchase Pilot 1. I have no need for summon as I have a very decent 3 spot garage, and not using it for storage.
    The P100D had no awareness of traffic lights, and would attempt jumping over roundabout curbs. Scary. My usual driving includes lots of these.

    BTW Going from a 75D to a P100D is like upgrading from a C class to a regular no P Tesla. It was great. Particularly on lengthy un-tolled highway drives.
  • edited January 8
    Kaffine
    I dialed Tesla, and routed to Tech support. Alerted them to the event . The agent was professional, asked a ton of fairly smart questions, and stated it would take Tesla a couple weeks to investigate. After 4 years, I know not to expect any call back. So I will have to find if there is any ongoing class action I can sign in on, and maybe recover a fraction of the insurance deductible, increased fees, and lost value.
  • edited January 8
    Kaffine
    I dialed Tesla, and routed to Tech support. Alerted them to the event . The agent was professional, asked a ton of fairly smart questions, and stated it would take Tesla a couple weeks to investigate. After 4 years, I know not to expect any call back. So I will have to find if there is any ongoing class action I can sign in on, and maybe recover a fraction of the insurance deductible, increased fees, and lost value.
  • edited November -1
    GHammer
    Thanks for the link. It seems there are many more cases of this happening than we would think. Highly similar too, where one would think it makes no sense the driver would confuse pedal positions.

    I will probably order the harness link and pull data by myself once I get the car back.
  • edited January 8
    How much do you owe on your 2015 Model S?
  • edited January 8
    @rafamis, while I have no information as to what exactly occurred in your case, there have been so many pedal misapplication cases of on every make and brand of cars. The owner swears they applied the brakes, yet the car shot forward. The analysis by the NTSB and those cars that have logs show pedal misapplication. There are many sad cases of people in parking lots or driveways killing someone when they press the accelerator hard and don't understand why the car doesn't stop. It's human nature to assign fault somewhere else.

    I do know the accelerator on all modern cars that electronically monitor the accelerator position have redundant sensors, in opposite positions. I've never heard of both sensors failing at the same time and causing a problem as you describe. It doesn't mean it isn't possible but seems infinitesimally rare.

    It's also possible Tesla's safety feature Obstacle aware acceleration prevented a far worse accident. Here are more details: https://cleantechnica.com/2019/10/14/a-quick-look-at-teslas-obstacle-aware-acceleration/

    Anyway, if you get the logs, I hope it provides some closure one way or the other. My only concern is if the logs show pedal misapplication you may not believe it and waste a lot of money and time trying to prove you were right.
  • edited January 8
    Promise to post a follow up regardless of the results!
  • edited January 8
    The post I linked to explains the technical details of why the sensor failure theory cant happen:

    "I just recently finished what I believe is my tenth private investigation of cases of "unexpected" acceleration in a Tesla where the owners have claimed the car accelerated on its own and they didn't press the pedal, yada yada.

    Every single instance has shown that the accelerator pedal was physically pressed to the floor (or nearly) during the event. This is monitored by 100Hz reporting of the two sensors in the pedal by two independent systems (a "pedal monitor" and "drive inverter cross-check", only changes are logged... and this actually used to be 10Hz logging, but Tesla bumped it up probably in response to claims like this). If it were an electronic issue or the car just decided to massively accelerate on its own somehow (not actually possible, for the record), the curve of both sensors would not match perfectly with baseline logs of me mashing my own pedal. In every case I investigated the four logging points for pedal position changes matched perfectly with a physical pedal doing the exact same action. Every. Single. One.

    After being unequivocally proven, the parties contracting me to somehow exonerate them have essentially begged me to not stand by my stance of publicly posting the data or sharing it with anyone. (If you may recall, I've offered to investigate such instances free of charge in exchange for the rights to basically do whatever I want with the data, including posting in relevant threads or stories.) Out of respect for those involved, I've honored such requests.

    So, sorry for your accident, OP, but it's just not the car's fault. End of story."

    I dare the OP to accuse the author of the above quote, wk057 aka Jason Hughes, of an "infantile lack of intellect"
  • edited January 8
    @TeslaTap.com & @PrescottRichard
    I was in love with my car, and would be extremely sad to sell it. That said, if Tesla comes back saying my accident was due to driver error, thats exactly what I will be doing. I will post back here. I do intend to pull data from the diag. port.

    The logs will definitely show my foot was on the pedal. That would constitute no proof of driver error. As previously stated, I was actually releasing it to slow down. I've been driving this car for years, and up to that point, and I am extremely familiar with it. For example, does smoking not cause cancer ? Yet many people implicitly trusted big tobacco when they claimed there was no evidence of cigarettes making people sick, just because they had smoked for years, and smoking never made them sick. Im sure theres many people feeling the same way about vaping. Kids who got sick vaping must have been messing with the e-cig devices. "Because everyone else is an idiot"
  • edited January 8
    enjoy your kia!
  • edited January 8
    @GHammer: I dare you to deny you sided with Boeing when they claimed their 737 Maxes didn't fail. Pilot error, EVERY SINGLE ACCIDENT... RIGHT?
  • edited January 8
    OK, I deny it. It was pretty clear after the second crash something was going wrong with the plane. Look, I dont have any skin in the game, you are free to hold on to your anger and spend time and money pursuing your righteous cause and you may even be successful, I dont really care.

    I'll go back to my own infantile lack of intellect threads now.
  • edited November -1
    The last time I caused an accident I saw I was about to hit another car. Slammed on the breaks and kept going, bounced off and hit them again. The I realized my foot was on the accelerator not the brake. In that split moment I was absolutely positively 100% sure I had my foot slamming the brake pedal to the floor. I was wrong.
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