Bonnet came loose and flew up on our Model S at 40mph

[bombfrog]

Hi all,

My wife (who is currently pregnant) was driving our Model S back from the pub the week before last doing about 40mph, maybe a bit more on a country road while I was in the passenger seat. All of a sudden there was an almighty bang as the bonnet flew up and (I think) hit the windscreen although the windscreen doesn't seem to be damaged. She slammed on the brakes obviously as it was on a bend and she could no longer see where the edge of the road was (so coming slowly to a halt in a straight line not really an option).

Anyway. The bonnet is completely buckled in 2 places and I imagine the struts are broken. I did manage to close it again with a bit of pressure but it's not driveable.

I drove our other car to Tesla Park Royal the next day and told them the story and gave them photos. They said all I could do was to put a service request into the app. I did that last Friday and it's now 9 days later. I've heard absolutely nothing and I'm absolutely fuming. Partly because of how dangerous the situation was but also because they're not taking it seriously.

A few points:

* The car was bought second hand and is out of warranty
* The engineer at Park Royal confirmed that the car should have been recalled but for some reason mine never was (they checked the VIN)
* They also confirmed that it should have been fixed last time they had the car in to fix a different problem but it wasn't

So, this leaves me with a few questions - What should I say to them? Should I remain civil or should i start talking about the DVLS and getting a lawyer right away? Is it worth asking for a courtesy car?

Any and all advice would be appreciated.

 

[WllXM]

That mist have been a traumatic experience for your wife.

What the engineer told you suggest that Tesla is at fault here for not following the recall procedure (I assume the recall in question is indeed regarding the bonnet latching mechanism and not something entirely different?). They have made a mistake, It can happens but it shouldn’t.

My approach would be indeed to chase this up now that’s it’s been a week, request immediate repairs expecting of course that they are made free of charge as the accident happened due to Tesla negligence in carrying out the recall. A recall is free even out of warranty.
Generally Tesla does give out a loaner car if the repairs take more than a day, or they provide Uber vouchers to and from the workshop.

The length of time it took them to reply suggest that they are evaluating internally their responsibility and must be glad you didn’t had an accident as a result of this failed recall.
If they do not comply promptly, escalation through a lawyer might be in order but you should get details about the recall and service history in writing.

 

[M1tch]

Was the missed recall something to do with the bonnet latch system? If so I think you may have a claim of sorts. If it was to do with anything else, then I’d say it’s not a Tesla problem.

 

[Jason71]

If this is an official recall (rather than an internal techincal bulletin) and Tesla had not taken the correct steps to get your car fixed then I think they have complete liability here. Though I am not a lawyer.

If does appear as if it is an official recall BTW

UK Tesla Model S recalled over bonnet latch safety | Auto Express

Faulty bonnet latch could cause Tesla Model S ‘frunk’ to fly open, and at least one UK customer has had a close call

www.autoexpress.co.uk

If what the engineer says is correct and the car should have been recalled but was not then that is a serious failing and begs the question how many other affected cars are there.
Personally I would take LOTS of pictures and then either
a)Tell Tesla if they don't fix all the damage straight away you will go to the press
b) Go to the press and us that to put pressure on Tesla

I think the combination of Tesla, Failure, recall not done, pregnant wife would be irresistible to the one or more tabloids

Also you should report this to the regulator or the press anyway. there could be other cars out there that have missed the recall and you don't want this to happen to other people

BTW you can check if a car has a recall here:

Check if a vehicle, part or accessory has been recalled

Check if a vehicle model, part or accessory has been recalled because of a fault in how it was made

www.gov.uk

check that first to ensure yours is not on the list. if its but maybe the owner at the time ignored it would be quite a different issue

 

[GRiLLA]

When did you buy the car ? If it was after January 2022 then the recall would have gone to the previous owner.

UK Tesla Model S recalled over bonnet latch safety | Auto Express

Faulty bonnet latch could cause Tesla Model S ‘frunk’ to fly open, and at least one UK customer has had a close call

www.autoexpress.co.uk

When you put in the service request, what date is that for? AFAIK service requests always have a date associated. If the car is undriveable then contact Tesla Roadside Assistance and arrange to get it straight to a service centre (as you are out of warranty that might need to be your AA/RAC etc but I would call Roadside as well to let them know). Cars that arrive on a truck is the way they short circuit the appointment time.

 

[Leejmoff]

recalls I find odd, I didn't realise I had a recall on my care until I went into the Service app for something. It was hidden in the menus on the app.

 

[MrT3]

If this is an official recall (rather than an internal techincal bulletin) and Tesla had not taken the correct steps to get your car fixed then I think they have complete liability here. Though I am not a lawyer.

I agree and this is an official safety recall, not a TSB.

From the Government website:

 

[MrT3]

Worth checking all the others have been carried out too:

 

[srichards]

I'm assuming the Tesla VIN search one will list all worldwide recalls for any VIN and not just US ones?

Service and diagnostic information for independent businesses and individuals involved in the professional maintenance and repair of Tesla vehicles.

service.tesla.com

 

[SpanishJ0n]

I'm not being funny, but did you approach the car from the front or back as you left the pub. If it was the latter then its possible the bonnet was opened accidently via the app and you wouldn't have noticed. I sometimes think its too easy to open the boot or frunk via the app...

 

[WllXM]

I'm not being funny, but did you approach the car from the front or back as you left the pub. If it was the latter then its possible the bonnet was opened accidently via the app and you wouldn't have noticed. I sometimes think its too easy to open the boot or frunk via the app...

If it had been the case OP wouldn’t have been able to drive the car at more than 15mph as there is a built in safety and a hard to miss huge warning message would have been shown on the display.

 

[Billbrown1982]

Where does Tesla's liability end though? For example lets say they did contact the previous owner, sent them a couple letters or whatever. Would they still be held liable for this situation?

Sure they "can" put it in the app but not all car manufacturers even have apps.

Not defending Tesla here. At the very least they should take care of it in goodwill anyway, I'm just actually curious how the legal side of it would work.

Ultimately glad everyone is unhurt. Could have been so much worse.

 

[WllXM]

Where does Tesla's liability end though? For example lets say they did contact the previous owner, sent them a couple letters or whatever. Would they still be held liable for this situation?

Sure they "can" put it in the app but not all car manufacturers even have apps.

Not defending Tesla here. At the very least they should take care of it in goodwill anyway, I'm just actually curious how the legal side of it would work.

Ultimately glad everyone is unhurt. Could have been so much worse.

What I understand from OP first post is that the car was brought in for (regular) service (maybe by the previous owner but that's irrelevant) after the recall was issued. Therefore Tesla's liability is absolute because it should have been flagged up in their system when they started working on the car and should NOT have released it back to the customer without a fix.

Otherwise I do agree, if they could show that they took all reasonable steps to warn the customer but that he was negligent or declined to bring it in for service within a reasonable timeframe, they could alleviate some of the responsibility but I don't believe that's what happened here judging by the initial story.

 

[Jason71]

What I understand from OP first post is that the car was brought in for (regular) service (maybe by the previous owner but that's irrelevant) after the recall was issued. Therefore Tesla's liability is absolute because it should have been flagged up in their system when they started working on the car and should NOT have released it back to the customer without a fix.

Otherwise I do agree, if they could show that they took all reasonable steps to warn the customer but that he was negligent or declined to bring it in for service within a reasonable timeframe, they could alleviate some of the responsibility but I don't believe that's what happened here judging by the initial story.

The way the Op tells it, based on what the Tesla Engineer told him, makes it sound as if his VIN was not included in the recall. In which case that's criminal (negligence) if correct.

 

[bombfrog]

Thanks for all your replies everyone. I won't reply to each one individually but I will answer some of the quesitons here.

Tesla did actually contact me today so I'm going to hold off on contacting lawyers and the DVSA for now. They've booked me a service appointment next Friday but not organised for the car to be recovered!

* I bought the car in 2021 so the recall was after I bought it, but Tesla confirmed to me that I wasn't sent the recall notice to the app by searching the VIN to see which messages I had been sent.
* It wasn't a service done last year, it was a replacement of the memory card when my maps failed. The engineer said it should have been done then but "doesn't always if we're really busy".
* I did approach the car from the back but how would the app automatically open the bonnet when the phone was locked?

Thanks all, once this is fixed I can worry about the fact that I've got a bubble of air? glue? forming all around the main screen But we'll eave that one for now!

 

[Jason71]

Thanks for all your replies everyone. I won't reply to each one individually but I will answer some of the quesitons here.

Tesla did actually contact me today so I'm going to hold off on contacting lawyers and the DVSA for now. They've booked me a service appointment next Friday but not organised for the car to be recovered!

* I bought the car in 2021 so the recall was after I bought it, but Tesla confirmed to me that I wasn't sent the recall notice to the app by searching the VIN to see which messages I had been sent.
* It wasn't a service done last year, it was a replacement of the memory card when my maps failed. The engineer said it should have been done then but "doesn't always if we're really busy".
* I did approach the car from the back but how would the app automatically open the bonnet when the phone was locked?

Thanks all, once this is fixed I can worry about the fact that I've got a bubble of air? glue? forming all around the main screen But we'll eave that one for now!

That engineer is really digging Tesla a hole. He is saying a car comes in with a safety related recall outstanding for another reason. They do the job it was brought in for but not the safety recall "if we are really busy" WTF. When the car with the recall is booked in the system should identify the recall work and add it to the list of tasks and thus the allotted time for the car.
Seems the reason in your case was that the car was not even on the recall list so they did not know the job needed doing but to admit they may not have done it even if it was is mad. You cannot force people to bring you their cars but once you have it to let them drive away with a potentially lethal fault, and this is, just seems like insanity.

 

[Jason71]

P.S. Congratulations on the baby and enjoy the having someone to drive you home from the pub for a few months phase of the parenting journey. The next phase of course being you can't drink at all even at home in case she needs a lift at short notice..... and Its all down hill from there as you may or may not already know. I am thinking this might be your first on the basis you were able to escape to the pub at all in the first place.

 

[WannabeOwner]

I'm assuming the Tesla VIN search one will list all worldwide recalls for any VIN and not just US ones?

Service and diagnostic information for independent businesses and individuals involved in the professional maintenance and repair of Tesla vehicles.

service.tesla.com

Works for me (UK) - 4 cars, 2 with nothing, 2 with minor items

 

[bombfrog]

P.S. Congratulations on the baby and enjoy the having someone to drive you home from the pub for a few months phase of the parenting journey. The next phase of course being you can't drink at all even at home in case she needs a lift at short notice..... and Its all down hill from there as you may or may not already know. I am thinking this might be your first on the basis you were able to escape to the pub at all in the first place.

Thanks. I'm aware of this and enjoying it while I can

 

[bombfrog]

Hi all,

Well, there have been a few developments in this but Tesla have still denied responsibility and expect me to pay for the repairs. I have told them that there is no way I'm ever going to give up fighting them on this however much it costs me as I believe you have to take a stand against things like this.

Here is the current situation:

* Tesla denied that my vehicle was part of a recall.

* I found details of the recall online and my VIN is in the affected range

Recall TESLA R/2022/009 - Vehicle Recall UK

* Tesla spent two weeks investigating this and have now told me that they have ascertained that my VIN was not actually included because my car was manufactured with a "different type of bonnet latch"

* I have explained to them that if it isn't included then that could be even worse for them because the accident DID happen (they have the telemetry) so it could mean a new recall of all cars with the different type of latch.

So, here we are. I have several options. I have it in writing that they are flat out refusing to fix the bonnet so I have informed them that I am thinking about the following options...


1) Ask my solicitor to start legal proceedings.

2) Write to my local council to report this safety defect.

3) Begin contacting the national media (I have already begun by contacting journalists at Autocar and The Guardian)

4) Stage a protest outside one of your offices (most likely Park Royal or West Drayton, whichever gets the most customer footfall) telling all customers walking in why they should not buy a Tesla. Obviously inviting the local press.

I have also told them that I have a preference for option 4 Imagine the story in the local papers - Man and his (very) pregnant wife standing outside Park Royal Tesla with a massive sign telling their customers what happened!

I have told them that I am still prepared to meet with them to sort this out amicably and that it would be my preferred solution, however I think they'll do anything they can to avoid that.

Anyway, I'm putting all this on here to see if anybody has any other ideas of how this could be resolved in my favour?