NHTSA Complaint #11444772 — 2021 TESLA MODEL 3

I want to report an issue I have with Tesla concerning the damage that occurred to my vehicle as a result of a failure of Tesla FSD version 10.3 firmware release 2021.36.5.2 recalled by Tesla on 10/29/21 NHTSA recall number 21V-846. At noon on 10-24-21, I was testing the latest release of FSD as part of the beta program. My Tesla was in self-driving mode on a city street at 35 mph. This was the same route it had already successfully done earlier in the day, when suddenly the car jumped over the curb, causing damage to the bumper, to the wheel and a flat tire. This appeared to have been caused by a discolored patch in the road that gave the FSD a false perception of an obstacle which it tried to avoid. Immediately after the accident, the car was towed to the service center. The repair was finished on 10/27/21 at which time I was asked to pay $2,332.37 to take possession of the car. I explained that the damage was caused by the recalled version of FSD NHTSA recall number 21V-846 and that Tesla should be liable for the damages. I was advised that the engineering team would conduct an investigation and based on the results the money would be reimbursed. However, I did not agree to pay hoping that after the investigation Tesla would honor the recall. After two months of waiting, there is still no communication on the results of the investigation even though the case is quite simple. The car was going straight at a very low speed in self-driving mode. There is nothing except the recalled version of FSD that could have changed its trajectory. Therefore, it is obvious that nobody looked at this issue and there is no commitment to doing so anytime soon. I communicated using the Tesla app chat that I am not willing to wait indefinitely and gave notice that I intend to file a petition with the Court. I gave e-mail notice to Tesla’s resolution team as well to make sure that my notice reaches Tesla’s legal department. I have paid the invoice on 12/22/21 to get my car back.