A Tesla false forward collision warning lawsuit alleges vehicles activate warnings when there are no forward objects or impending crashes.
The plaintiff contends his Model 3 forward collision warning system has activated false warnings while driving through parking lots and when turning at intersections. The "loud and obtrusive" false warnings create unnecessary panic while driving which creates unnecessary safety risk.
According to court documents: "Plaintiff Joshua Santiago brings this Class Action Complaint on behalf of himself and other consumers who purchased a Tesla vehicle, manufactured and warranted by Defendant Tesla, Inc., that suffer from a serious defect in the vehicles’ manufacturing, design and/or assembly, which has caused the vehicles to experience false forward collision alerts, impeding the normal operation of the vehicles and posing a safety risk not only to their drivers, but other drivers on America’s roads."
The lawsuit alleges Tesla "has failed to implement a recall, remedy the Collision Warning Defect, provide adequate repairs, or take appropriate action to protect Tesla drivers, other drivers, and pedestrians from the danger."
However, Tesla issued a recall in November 2021 for 2017-2021 Tesla Model S, Model 3, Model X and Model Y vehicles due to false forward collision warnings and phantom braking incidents.
Tesla owners have allegedly overpaid for their vehicles, been forced to pay higher insurance premiums if they have Tesla Insurance, and the vehicles allegedly have diminished values.
And even though Tesla allegedly knows about the false forward collision warning systems, the automaker continues to market and sell the vehicles to the public.
The plaintiff also references Tesla Insurance available in Illinois, Arizona, Colorado, Maryland, Minnesota, Nevada, Ohio, Oregon, Texas, Utah and Virginia.
"Specifically, Defendant discloses on its website that it 'Rewards Safe Driving' and that policyholders’ insurance premiums will be based on real time driving behavior," the lawsuit said.
But the class action alleges insurance premiums are inflated because of false forward collision warnings. The plaintiff said each false warning is considered an "unsafe" driving event, giving Tesla an excuse to raise insurance.
According to the plaintiff, his "monthly insurance premium has increased since when he first enrolled in Tesla Insurance because his 'Safety Score' (the score generated by Tesla based on driving habits) has decreased due to the Collision Warning Defect."
Additionally, he asserted Tesla has done nothing to fix the false forward collision warnings in his vehicle.
The Tesla false forward collision warning class action lawsuit was filed in the Circuit Court of Cook County Illinois: Joshua Santiago v. Tesla, Inc.
The plaintiff is represented by McGuire Law, P.C.
