NHTSA Complaint #11163240 — 2010 MINI COOPER S CONVERTIBLE

THE VEHICLE IS A STANDARD MODEL CONVERTIBLE, NOT AN "S" MODEL. TRUNK LATCH MALFUNCTION WHILE IN MOTION: TRUNK LATCH OPENS/DISENGAGES SPONTANEOUSLY WHILE THE VEHICLE IS IN MOTION, WITH THE KEY INSERTED AND THE MOTOR RUNNING. THIS UNPREDICTABLE FAULT CAN OCCUR ANYWHERE, INCLUDING ON A FREEWAY. THE TRUNK LID CAN DROP TO FULL OPEN, EXPOSING ITEMS STORED IN TRUNK AS POSSIBLE DEBRIS-THREAT TO VEHICLES FOLLOWING. DRIVER OF VEHICLE IS PRESENTED WITH CHOICE BETWEEN RISKING STOPPING (FOR EXAMPLE, ON THE SHOULDER OF A FREEWAY) OR RISKING INCIDENT INVOLVING FOLLOWING VEHICLES. EVENTUALLY, TRUNK LATCH WILL CEASE ALL FUNCTION. REPLACEMENT COST IS APPROXIMATELY $300 PLUS LABOR. VEHICLE WAS PURCHASED NEW. THIS 2010 MODEL IS DRIVEN 2 OR 3 TIMES PER WEEK FOR RELATIVELY SHORT DISTANCES. IT HAS BEEN DRIVEN FEWER THAN 30,000 MILES ON THE ODOMETER. THIS FAULT HAS OCCURRED ON NUMEROUS OCCASIONS WHILE VEHICLE IS IN MOTION OVER THE PAST 3 YEARS. ITEMS IN TRUNK HAVE SPILLED ONTO ROADWAY. DRIVER HAS HAD TO STOP AND SLAM THE TRUNK CLOSED. THE INCIDENTS LIKELY WOULD HAVE OCCURRED MANY MORE TIMES IF THE VEHICLE HAD BEEN DRIVEN DAILY AND FOR LONGER DISTANCES. TRUNK LATCH SYSTEM WAS REPLACED AND THE NEW LATCH SYSTEM BEGAN MALFUNCTIONING IN THE SAME MANNER WITHIN 6 MONTHS OF REPLACEMENT. DATE LISTED BELOW IS THE MOST RECENT DATE UPON WHICH THE INCIDENT OCCURRED.