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

[GRiLLA]

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?

The other option is that your car did not have the defect described but you or a previous owner either didn't close the bonnet correctly or damaged the locking mechanism.

Of you options I would say that 1 is the only one likely to not attract them taking you to court for defamation, like they've done successfully to folks in China recently.

 

[bombfrog]

The other option is that your car did not have the defect described but you or a previous owner either didn't close the bonnet correctly or damaged the locking mechanism.

Of you options I would say that 1 is the only one likely to not attract them taking you to court for defamation, like they've done successfully to folks in China recently.

Interesting take!

I can rule out not closing the bonnet correctly because I never used it. I put some cables in there for emergencies when I first bought the car then never opened it. That would rule out damaging the locking mechanism too.

I believe that you can only be found guilty of defamation if you defame somebody, which you can't do if you only tell the truth, so let's see them come at me.

 

[pgkevet]

How is the lock mechanism supposed to work? There is a primary and secondary latch as far as I know and a ranger came and checked mine a year plus ago. Presumably the latch system defaults to locked when the car moves? Car shouldn't start if bonnet unlatched? Impossible to open bonnet while car in motion?

 

[MrBadger]

The other option is that your car did not have the defect described but you or a previous owner either didn't close the bonnet correctly or damaged the locking mechanism.

That would be relatively easy to prove by a specialist. It might cost a bit but would be payable by Tesla if it was proven that the lock was at fault.

A specialist knowledgeable in these things would also know if Teslacwere telling porkies about what lock was fitted - that would not be a good look for them especially if they suggested otherwise in legal documents. Just the thought of that might cause them to reconsider their position.

 

[Alistairuk]

Just out of interest, if something was to hit the emergency release inside the bonnet while the car was moving does it unlatch or does the software prevent it from opening?

 

[bombfrog]

How is the lock mechanism supposed to work? There is a primary and secondary latch as far as I know and a ranger came and checked mine a year plus ago. Presumably the latch system defaults to locked when the car moves? Car shouldn't start if bonnet unlatched? Impossible to open bonnet while car in motion?

As far as I understand, the car won't let you drive above 10mph if it detects that you've not closed it correctly, so it has to be faulty to open above 10mph.

 

[bombfrog]

That would be relatively easy to prove by a specialist. It might cost a bit but would be payable by Tesla if it was proven that the lock was at fault.

A specialist knowledgeable in these things would also know if Teslacwere telling porkies about what lock was fitted - that would not be a good look for them especially if they suggested otherwise in legal documents. Just the thought of that might cause them to reconsider their position.

Very interesting. I didn't know these experts existed. Do you know where I might be able to find one or what they would be called so I can Google to find one?

 

[MrBadger]

Very interesting. I didn't know these experts existed. Do you know where I might be able to find one or what they would be called so I can Google to find one?

I would start with Googling ‘forensic automotive engineers’

 

[Jonnymack74]

Unless you have accidentally partially unlatched the bonnet via the app or key this is 100% on Tesla.

If the former then Tesla will have the data that the bonnet was unlatched. Clearly they don't otherwise they would have blamed you already.

One reason they may say you are liable for repairs is because a repair would be an admission of fault on their part and leave them open to legal action. What we should do is look at the following facts.
1: Tesla issued a recall in model s bonnet catches. They knew some models where affected

2: all model S had a check by an engineer who either confirmed latch unaffected or a repair was required (mine was fine when checked)

3: yours has either been checked and cleared, or not checked at all. Either way this is an issue for Tesla.

4: if Tesla suggest your latch was unaffected, then they have a wider issue with this potentially happening other cars with this latch.

If me I would speak to a solicitor and also speak with journos..get itnout on socials..papers like to pick it up that way. It being picked up by Tesla news sites is handy too.. and also youtubers who have wider global reach.

For me Tesla should just fix it as a "gesture of goodwill" and hope that avoids further legal action