NHTSA Complaint #10449097 — 2009 SMART FORTWO CABRIO

AS I PULLED UP TO THE GARAGE AND OPENED THE GARAGE DOOR I NOTICED A BANANA SLUG ON THE GROUND, SO I BACKED UP AND PUT THE CAR INTO PARK. I EXITED THE VEHICLE AND LEFT THE CAR RUNNING TO PICK UP THE SLUG AND MOVE IT. AS I WAS DOING SO, THE CAR STARTED MOVING TOWARDS ME UP THE INCLINE OF THE DRIVEWAY. I QUICKLY OPENED THE CAR DOOR AND STARTED TO JUMP IN. IT DIDN'T OCCUR TO ME THAT THE CAR WAS MOVING THROUGH THE GARAGE DOOR FRAME. THE MIRROR SNAPPED OFF AND MY LEFT LEG WAS CRUSHED IN THE DOOR AS IT SCRAPED ALONG THE GARAGE DOOR FRAME. MY LEFT FOOT WAS WEDGED OUTSIDE THE CAR AND OUTSIDE THE DOOR FRAME AND WAS CRUSHED ON THE TOP OF MY ANKLE. THE CAR HAD GROUND TO A NEAR STOP DUE TO THE WEDGING OF THE DOOR AGAINST THE GARAGE DOOR FRAME. I LOOKED DOWN AND SAW THAT THE SHIFTER WAS IN PARK, SO I MOVED IT TO REVERSE AND THE CAR STARTED MOVING BACKWARDS. I WAS NOT ABLE TO STEP ON THE BRAKE TO MOVE THE SHIFTER INTO REVERSE, SO THE CAR OBVIOUSLY STILL THOUGHT IT WAS IN DRIVE. I WAS THEN ABLE TO STOP THE CAR AND TURN IT OFF. THE DEALER COULD FIND NOTHING WRONG BUT UPDATED THE SOFTWARE FOR A 'NO SHIFTING INTO REVERSE ISSUE'. THEY COULD NOT DUPLICATE THE FAILURE AND NO PROBLEM WAS FOUND WITH THE VEHICLE TRANSMISSION, SO THE DAMAGE WAS REPLACED AT MY EXPENSE. THE NEXT DAY, THE CAR WOULD NOT GO INTO REVERSE AND THEY REPLACED A SENSOR AT THEIR EXPENSE. *TR