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Details behind Model X owner’s $5M+ class action lawsuit against Tesla

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Following our report that a Model X owner has filed a class action law suit against Tesla, claiming a widespread defect in the vehicle’s onboard software causes sudden unattended acceleration (SUA), new details behind the suit have been obtained by Teslarati that shows a legal team aggressively targeting the core component to the Silicon Valley-based electric car maker’s fleet of vehicles.

The class action filed in federal district court claims Ji Chang Son – Korean star residing in Orange County, Calif. – crashed through his garage and into the living room of his home after his Tesla Model X accelerated suddenly and without warning on September 10, 2016, approximately one month after Mr. Son took delivery of the electric SUV. The suit claims that “Tesla has failed to properly disclose, explain, fix, or program safeguards to correct the underlying problem of unintended acceleration”, adding that “over sixteen thousand Model X owners with vehicles that could potentially accelerate out of control.

Son’s attorneys gave the court a full account of the development of the Model X, focusing on the company’s claim that the Model X is “the safest, fastest and most capable sport utility vehicle in history.” On the contrary, according to Son’s attorneys. They allege the Model X has a safety defect that permits the car to accelerate at full speed directly into solid objects, such as the exterior wall of Son’s home. In particular, they point out that 8 written complaints have already been filed with the National Highway Transportation Safety Administration from other Model X owners who report similar occurrences while driving their cars.

The lawsuit reads,

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“Irrespective of whether the SUA events in the Model X are caused by mechanical issues with the accelerator pedal, an unknown failure in the electronic motor control system, a failure in other aspects of the electrical, mechanical, or computer systems, or some instances of pedal misapplication, the Model X is defective and unsafe. Tesla’s lack of response to this phenomenon is even more confounding when the vehicle is already equipped with the hardware necessary for the vehicle’s computer to be able to intercede to prevent unintended acceleration into fixed objects such as walls, fences, and buildings.

Despite repeated instances of Model X drivers reporting uncommanded full power acceleration while parking, Tesla has failed to develop and implement computer algorithms that would eliminate the danger of full power acceleration into fixed objects.This failure to provide a programming fix is especially confounding for a vehicle that knows when it is located at the driver’s home and is being parked in the garage, yet carries out an instruction, regardless of whether through an error by the vehicle control systems or by driver pedal misapplication, to accelerate at full power into the garage wall.

Further, not only has Tesla failed to fix the problems, it has chosen instead to follow in the footsteps of other automobile manufacturers and simply blame the driver.”

One problem, according to Son’s attorneys, is the software that controls the Automatic Emergency Braking system. Tesla has programmed that feature to disengage in order to allow drivers to make emergency maneuvers,  “in situations where you are taking action to avoid a potential collision. For example:

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  • You turn the steering wheel sharply.
  • You press the accelerator pedal.
  • You press and release the brake pedal.
  • A vehicle, motorcycle, bicycle, or pedestrian, is no longer detected ahead.”

In other words, say the attorneys, a Model X will drive straight into a solid wall if that is what the system thinks the driver wants it to do. “Apparently, this includes situations where the computer believes, rightly or wrongly, that the driver is commanding full power acceleration directly into fixed objects immediately in front of the vehicle.”

Class action lawsuits are complex and highly specialized legal actions. Federal law requires that the damages alleged for the entire class exceed $5 million. The plaintiff’s attorney have done so by claiming that Tesla is aware of at least two other instances in which drivers allege sudden unintended acceleration occurred while driving their Model X at low speeds. They then extrapolate those numbers to suggest that the rate of SUA incidents attributable to the Model X is 64 per 100,000 vehicles — substantially higher than for any other vehicle in history.

Page 12 of JI CHANG SON vs. TESLA MOTORS class action complaint

They point out that the incidence rate of SUA incidents for Toyota vehicles — which grabbed national headlines in 2010 — was far lower. They then go on to remind the court that Toyota paid several hundred million dollars to SUA victims as well as a $1.2 billion federal fine. Notice that the chart included in the pleadings shows an exaggerated and disproportionate projected SUA incidence rate for the Model X highlighted in bright red.

Tesla says its data retrieved from the vehicle’s blackbox shows the accelerator in Son’s Model X was fully depressed when the accident occurred. The question for the court will be whether the driver pressed the wrong pedal or whether the vehicle accelerated on its own. It is unclear whether a software failure would register the pedal as fully depressed even if it was not physically operated by the driver.

Plaintiffs always have the burden of proving their allegations. Attorneys for injured parties often rely on a legal doctrine known as res ipsa loquitur, which is Latin for “the thing speaks for itself.” Loosely translated, it means “we don’t know what is wrong with your product that you designed and built, but you know or should know.” Res ipsa loquitur shifts the burden of proof onto the defendant, which makes it much easier for a plaintiff to prevail in court.

One advantage the plaintiff gains from filing suit is the ability to discover what information Tesla has that is not yet public. Does Tesla know something it isn’t telling its customers? We may find out as this litigation goes forward.

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We’ve provided a copy of the entire class action filing below.

[pdf-embedder url=”http://www.teslarati.com/wp-content/uploads/2017/01/Son-vs-Telsa-class-action-8-16-cv-2282.pdf”]
 

"I write about technology and the coming zero emissions revolution."

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Tesla Model 3 has a tasty Supercharging incentive, but it’s ending soon

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Credit: Tesla

Tesla is offering a tasty Supercharging incentive on certain Model 3 trims, but the company has officially put a concrete end date on it, so those interested should act fast.

Tesla is offering Free Supercharging for One Year on the Model 3 Premium and Performance trims, the top two offerings of the all-electric sedan. There are three trims of the Model 3 that will have the Free Supercharging offer attached:

  • Premium Rear-Wheel-Drive – $42,490
  • Premium All-Wheel-Drive – $47,490
  • Performance – $54,990

Tesla has now announced that this offer will expire on June 15, giving potential buyers about ten days to take advantage of the incentive.

This could be an additional incentive for car buyers to transition to electric vehicles. Many states are showing gas prices well over $4 per gallon, with the national average currently sitting at $4.22, according to AAA.

Tesla Model 3 wins Edmunds’ Best EV of 2026 award

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A free year of Supercharging miles would allow people to charge and travel for free, other than routine maintenance, which is already incredibly cheap compared to a gas car.

At Tesla Superchargers, peak rates, meaning prices between 8 a.m. and 10 p.m., average between $0.45 and $0.60. One year of driving at an average of 12,000 miles would cost between $1,000 and $1,500 at $0.50 per kWh. It’s a pretty good deal.

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Supercharging prices have also increased recently:

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Tesla has used Free Supercharging to move units in the past, and it’s a great strategy for those who plan to use the car for longer commutes, cross-country drives, or do not have reliable access to home charging.

It should be noted that Tesla recommends that Supercharging be used at a minimum to preserve the life of the battery, as fast-charging is more stressful on the cells.

However, some people might not have an option, so the Free Supercharging incentive could truly be a great reason for many people to charge their cars.

The Supercharging incentive is short-term, and it is pretty rare that Tesla utilizes it, so once this offer is gone, we probably will not see it on the Model 3 for some time.

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Ferrari CEO’s self-driving stance echoes Elon Musk’s — sort of

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Credit: Tesla | Ferrari

Ferrari CEO Benedetto Vigna revealed that the Italian automaker’s future will not involve self-driving, a point that echoes that of Tesla CEO Elon Musk’s — sort of.

You might be thinking, “Are you insane? Musk has been so incredibly hellbent on delivering self-driving vehicles to the public, so much so that he has even hinted that Tesla won’t need the ever-popular and widely-requested Model Y L in the U.S.

However, when it comes to electric supercars with high-performance specs and lofty price tags, Vigna’s stance is exactly what Musk wants for Tesla’s own hypercar project, the Tesla Roadster.

In a new interview with Australian media outlet Drive, Vigna made it clear that Ferrari’s ambitions for the future do not involve autonomy, simply because the company’s cars are not designed for anything but manual, spirited driving.

He said:

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“We will not make fully autonomous cars — loud and clear. We want the people to have fun, not the [computer] chips. We want to have a steering wheel and a man or a woman behind the steering wheel. Otherwise, why do you buy a Ferrari?”

This seems to be a reasonable assertion. Ferraris are not made for daily commutes, cross-country road trips, or bumper-to-bumper traffic. They’re made for fast, spirited driving, and many of their buyers will only put a few thousand miles on them throughout their lifetime. True, exciting, fun driving is meant to be done manually.

That is not to say Full Self-Driving or other semi-autonomous suites are not “fun,” but they are meant to take the stress out of driving. They are made for the daily commutes, the rush hour traffic, and the parking lots and garages. It’s made to take the stress out of driving.

Tesla Full Self-Driving attempts 150-mile stress test: the good and the bad

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Musk had stated in an interview in early 2026 that the Roadster would also be geared toward fun, manually-controlled driving. On the Moonshots podcast with Peter Diamandis, Musk said about the Roadster:

“This is not a…safety is not the main goal. If you buy a Ferrari, safety is not the number one goal. I say, if safety is your number one goal, do not buy the Roadster…We’ll aspire not to kill anyone in this car. It’ll be the best of the last of the human-driven cars. The best of the last.”

There are cars out there that simply are meant to be driven by humans, and Ferraris and Roadsters are a few of them. Ferrari has no true advantage in developing self-driving; their cars sell at low volumes with high price tags, and their performance specs and engineering are all geared toward spirited driving.

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Tesla upgrades Model Y’s affordable trims with new interior features

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Credit: Tesla

Tesla has upgraded the Model Y’s two most affordable trims, the Rear-Wheel-Drive and All-Wheel-Drive, with two new interior features that bring them level with their “Premium” siblings.

The Rear-Wheel-Drive (RWD) and All-Wheel-Drive (AWD) trims, formerly known as the “Standard” offerings of Tesla’s most popular vehicle, are now fitted with the all-black headliner and a higher-quality 16-inch center screen, two features that were added to the Premium trims earlier this year.

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The RWD and AWD trims of the Model Y now have a more premium interior feel with these upgrades, and it also appears to be a move by Tesla to streamline manufacturing by eliminating variance across configuration levels.

It makes production less complicated when the interior colors are all identical. Additionally, all Model Y builds now have the larger and higher-resolution screen than previous model years.

Priced at $39,990 and $41,990, respectively, the Model Y RWD and AWD are quite different from the Premium trims. Tesla aimed to make an affordable version of what has been the best-selling car in the world on several occasions, enabling more accessibility.

The differences from an interior standpoint are noticeable, as there is significantly less storage, a lack of A/C seats, and no glass roof. However, the car is still a great option and features a good powertrain, strong range ratings of 321 miles for the RWD and 294 miles for the AWD, and a great ride quality.

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Tesla Model Y Standard Full Review: Is it worth the lower price?

Other shortcomings are the lack of acoustic-lined windows, which are featured in the Premium trims to help with excess cabin noise. In our testing of the Model Y Standard back in late 2025, this was perhaps the most noticeable difference between it and the Premium trim. The stereo was also a huge difference:

The RWD and AWD trims of the Model Y are still a great vehicle at an affordable price, and you can experience them for yourself at your local Tesla showroom. Test drives are always available, and it’s a great way to experience an EV for yourself, especially if you have no knowledge about them.

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