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Tesla fires back at Fortune with cheeky “Misfortune” blog post
The drama continues between Tesla and Fortune after the media outlet published a story questioning Tesla’s ethics claiming the company sold $2 billion worth of stock but failed to disclose that it was under investigation by the National Highway Transport Association (NHTSA) after Joshua Brown was killed when his Model S in Autopilot mode crashed into a tractor trailer.
Since the story was published, Tesla CEO Elon Musk defended the company’s position that news surrounding the Autopilot related death was not material to its stock price. Fortune disagreed citing that the stock price dropped $6 per share after news broke that the NHTSA was in fact investigating evidence surrounding Brown’s death. That’s when Musk fired back via email picking choice words with Fortune’s writer and stating, “Indeed, if anyone bothered to do the math (obviously, you did not) they would realize that of the over 1M auto deaths per year worldwide, approximately half a million people would have been saved if the Tesla autopilot was universally available. Please, take 5 mins and do the bloody math before you write an article that misleads the public.”
The Tesla vs Fortune debacle spilled over into the public Twittersphere between Fortune’s Editor Alan Murray and Elon Musk. The tweets continued throughout Wednesday with Alan Murray defending the media outlet’s position that Tesla did not disclose news of the Autopilot death. Fortune went as far as quoting statements made in an SEC filing by Tesla which warned investors that a fatal crash related to its Autopilot feature would be a material event to the company’s brand, business, and operating results. Tesla would later bring to light that Fortune mischaracterized the quote within the SEC filing.
Tesla has since released a blog post on this matter titled “Misfortune”.
Misfortune
Fortune’s article is fundamentally incorrect.
First, Fortune mischaracterizes Tesla’s SEC filing. Here is what Tesla’s SEC filing actually says: “We may become subject to product liability claims, which could harm our financial condition and liquidity if we are not able to successfully defend or insure against such claims.” [full text included below] This is just stating the obvious. One of the risks facing Tesla (or any company) is that someone could bring product liability claims against it. However, neither at the time of this SEC filing, nor in the several weeks to date, has anyone brought a product liability claim against Tesla relating to the crash in Florida.
Next, Fortune entirely ignores what Tesla knew and when, nor have they even asked the questions. Instead, they simply assume that Tesla had complete information from the moment this accident occurred. This was a physical impossibility given that the damage sustained by the Model S in the crash limited Tesla’s ability to recover data from it remotely.
When Tesla told NHTSA about the accident on May 16th, we had barely started our investigation. Tesla informed NHTSA because it wanted to let NHTSA know about a death that had taken place in one of its vehicles. It was not until May 18th that a Tesla investigator was able to go to Florida to inspect the car and the crash site and pull the complete vehicle logs from the car, and it was not until the last week of May that Tesla was able to finish its review of those logs and complete its investigation. When Fortune contacted Tesla for comment on this story during the July 4th holiday, Fortune never asked any of these questions and instead just made assumptions. Tesla asked Fortune to give it a day to confirm these facts before it rushed its story to print. They declined and instead ran a misleading article.
Here’s what we did know at the time of the accident and subsequent filing:
- That Tesla Autopilot had been safely used in over 100 million miles of driving by tens of thousands of customers worldwide, with zero confirmed fatalities and a wealth of internal data demonstrating safer, more predictable vehicle control performance when the system is properly used.
- That contrasted against worldwide accident data, customers using Autopilot are statistically safer than those not using it at all.
- That given its nature as a driver assistance system, a collision on Autopilot was a statistical inevitability, though by this point, not one that would alter the conclusion already borne out over millions of miles that the system provided a net safety benefit to society.
Given the fact that the “better-than-human” threshold had been crossed and robustly validated internally, news of a statistical inevitability did not materially change any statements previously made about the Autopilot system, its capabilities, or net impact on roadway safety.
Finally, the Fortune article makes two other false assumptions. First, they assume that this accident was caused by an Autopilot failure. To be clear, this accident was the result of a semi-tractor trailer crossing both lanes of a divided highway in front of an oncoming car. Whether driven under manual or assisted mode, this presented a challenging and unexpected emergency braking scenario for the driver to respond to. In the moments leading up to the collision, there is no evidence to suggest that Autopilot was not operating as designed and as described to users: specifically, as a driver assistance system that maintains a vehicle’s position in lane and adjusts the vehicle’s speed to match surrounding traffic.
Fortune never even addresses that point. Second, Fortune assumes that, putting all of these other problems aside, a single accident involving Autopilot, regardless of how many accidents Autopilot has stopped and how many lives it has saved, is material to Tesla’s investors. On the day the news broke about NHTSA’s decision to initiate a preliminary evaluation into the incident, Tesla’s stock traded up, not down, confirming that not only did our investors know better, but that our own internal assessment of the performance and risk profile of Autopilot were in line with market expectations.
The bottom line is that Fortune jumped the gun on a story before they had the facts. They then sought wrongly to defend that position by plucking boilerplate language from SEC filings that have no bearing on what happened, while failing to correct or acknowledge their original omissions and errors.
Full text referenced above:
We may become subject to product liability claims, which could harm our financial condition and liquidity if we are not able to successfully defend or insure against such claims.
“Product liability claims could harm our business, prospects, operating results and financial condition. The automobile industry experiences significant product liability claims and we face inherent risk of exposure to claims in the event our vehicles do not perform as expected resulting in personal injury or death. We also may face similar claims related to any misuse or failures of new technologies that we are pioneering, including autopilot in our vehicles and our Tesla Energy products. A successful product liability claim against us with respect to any aspect of our products could require us to pay a substantial monetary award. Our risks in this area are particularly pronounced given the limited number of vehicles and energy storage products delivered to date and limited field experience of our products. Moreover, a product liability claim could generate substantial negative publicity about our products and business and would have material adverse effect on our brand, business, prospects and operating results. We self-insure against the risk of product liability claims, meaning that any product liability claims will have to be paid from company funds, not by insurance.”
Elon Musk
GM CEO Mary Barra says she told Biden to give Tesla and Musk EV credit
“He was crediting me, and I said, ‘Actually, I think a lot of that credit goes to Elon and Tesla…You know me, Andrew. I don’t want to take credit for things.”
General Motors CEO Mary Barra said in a new interview on Wednesday that she told President Joe Biden to credit Tesla and its CEO, Elon Musk, for the widespread electric vehicle transition.
She said she told Biden this after the former President credited her and GM for leading EV efforts in the United States.
During an interview at the New York Times Dealbook Summit with Andrew Ross Sorkin, Barra said she told Biden that crediting her was essentially a mistake, and that Musk and Tesla should have been explicitly mentioned (via Business Insider):
“He was crediting me, and I said, ‘Actually, I think a lot of that credit goes to Elon and Tesla…You know me, Andrew. I don’t want to take credit for things.”
GM CEO Mary Barra said to Andrew Sorkin at the New York Times Dealbook Summit that she pulled President Biden aside and said Tesla CEO @elonmusk deserved the credit for EVs:
“He was crediting me, and I said, ‘Actually, I think a lot of that credit goes to Elon and Tesla,’” Barra… pic.twitter.com/OHBTG1QfbJ
— TESLARATI (@Teslarati) December 3, 2025
Back in 2021, President Biden visited GM’s “Factory Zero” plant in Detroit, which was the centerpiece of the company’s massive transition to EVs. The former President went on to discuss the EV industry, and claimed that GM and Barra were the true leaders who caused the change:
“In the auto industry, Detroit is leading the world in electric vehicles. You know how critical it is? Mary, I remember talking to you way back in January about the need for America to lead in electric vehicles. I can remember your dramatic announcement that by 2035, GM would be 100% electric. You changed the whole story, Mary. You did, Mary. You electrified the entire automotive industry. I’m serious. You led, and it matters.”
People were baffled by the President’s decision to highlight GM and Barra, and not Tesla and Musk, who truly started the transition to EVs. GM, Ford, and many other companies only followed in the footsteps of Tesla after it started to take market share from them.
Elon Musk and Tesla try to save legacy automakers from Déjà vu
Musk would eventually go on to talk about Biden’s words later on:
“They have so much power over the White House that they can exclude Tesla from an EV Summit. And, in case the first thing, in case that wasn’t enough, then you have President Biden with Mary Barra at a subsequent event, congratulating Mary for having led the EV revolution.”
In Q4 2021, which was shortly after Biden’s comments, Tesla delivered 300,000 EVs. GM delivered just 26.
News
Tesla Full Self-Driving shows confident navigation in heavy snow
So far, from what we’ve seen, snow has not been a huge issue for the most recent Full Self-Driving release. It seems to be acting confidently and handling even snow-covered roads with relative ease.
Tesla Full Self-Driving is getting its first taste of Winter weather for late 2025, as snow is starting to fall all across the United States.
The suite has been vastly improved after Tesla released v14 to many owners with capable hardware, and driving performance, along with overall behavior, has really been something to admire. This is by far the best version of FSD Tesla has ever released, and although there are a handful of regressions with each subsequent release, they are usually cleared up within a week or two.
Tesla is releasing a modified version of FSD v14 for Hardware 3 owners: here’s when
However, adverse weather conditions are something that Tesla will have to confront, as heavy rain, snow, and other interesting situations are bound to occur. In order for the vehicles to be fully autonomous, they will have to go through these scenarios safely and accurately.
One big issue I’ve had, especially in heavy rain, is that the camera vision might be obstructed, which will display messages that certain features’ performance might be degraded.
So far, from what we’ve seen, snow has not been a huge issue for the most recent Full Self-Driving release. It seems to be acting confidently and handling even snow-covered roads with relative ease:
FSD 14.1.4 snow storm Ontario Canada pic.twitter.com/jwK1dLYT0w
— Everything AI (@mrteslaspace) November 17, 2025
I found the steepest, unplowed hill in my area and tested the following:
• FSD 14.2.1 on summer tires
• FSD 14.2.1 on winter tires
• Manual drivingBut I think the most impressive part was how FSD went DOWN the hill. FSD in the snow is sublime $TSLA pic.twitter.com/YMcN7Br3PU
— Dillon Loomis (@DillonLoomis) December 2, 2025
Well.. I couldn’t let the boys have all the fun!
Threw the GoPro up and decided to FSD v14.2.1 in the snow. Roads were not compacted like the other day, a little slippery, but overall doable at lower speeds. Enjoy the video and holiday music 🎶
Liked:
Took turns super slow… pic.twitter.com/rIAIeh3Zu3— 🦋Diana🦋 (@99_Colorado) December 3, 2025
Moving into the winter months, it will be very interesting to see how FSD handles even more concerning conditions, especially with black ice, freezing rain and snow mix, and other things that happen during colder conditions.
We are excited to test it ourselves, but I am waiting for heavy snowfall to make it to Pennsylvania so I can truly push it to the limit.
News
Tesla hosts Rome Mayor for first Italian FSD Supervised road demo
The event marked the first time an Italian mayor tested the advanced driver-assistance system in person in Rome’s urban streets.
Tesla definitely seems to be actively engaging European officials on FSD’s capabilities, with the company hosting Rome Mayor Roberto Gualtieri and Mobility Assessor Eugenio Patanè for a hands-on road demonstration.
The event marked the first time an Italian mayor tested the advanced driver-assistance system in person in Rome’s urban streets. This comes amid Tesla’s push for FSD’s EU regulatory approvals in the coming year.
Rome officials experience FSD Supervised
Tesla conducted the demo using a Model 3 equipped with Full Self-Driving (Supervised), tackling typical Roman traffic including complex intersections, roundabouts, pedestrian crossings and mixed users like cars, bikes and scooters.
The system showcased AI-based assisted driving, prioritizing safety while maintaining flow. FSD also handled overtakes and lane decisions, though with constant driver supervision.
Investor Andrea Stroppa detailed the event on X, noting the system’s potential to reduce severe collision risks by up to seven times compared to traditional driving, based on Tesla’s data from billions of global fleet miles. The session highlighted FSD’s role as an assistance tool in its Supervised form, not a replacement, with the driver fully responsible at all times.
Path to European rollout
Tesla has logged over 1 million kilometers of testing across 17 European countries, including Italy, to refine FSD for local conditions. The fact that Rome officials personally tested FSD Supervised bodes well for the program’s approval, as it suggests that key individuals are closely watching Tesla’s efforts and innovations.
Assessor Patanè also highlighted the administration’s interest in technologies that boost road safety and urban travel quality, viewing them as aids for both private and public transport while respecting rules.
Replies on X urged involving Italy’s Transport Ministry to speed approvals, with one user noting, “Great idea to involve the mayor! It would be necessary to involve components of the Ministry of Transport and the government as soon as possible: it’s they who can accelerate the approval of FSD in Italy.”