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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
Elon Musk shares SpaceX’s directive that destroys a prevalent media narrative
Musk’s comments followed Starlink’s initiatives for people affected by severe flooding in Indonesia and Cyclone Ditwah in Sri Lanka.
Elon Musk recently shared SpaceX’s standing policy to offer free Starlink service during natural disasters worldwide, highlighting the company’s commitment to pursue aid over profit during times of need.
Musk’s comments followed Starlink’s initiatives for people affected by severe flooding in Indonesia and Cyclone Ditwah in Sri Lanka.
Starlink activates free service in Indonesia and Sri Lanka
Starlink recently announced free service for those impacted by severe flooding in Indonesia’s Sumatra region, partnering with the government to deploy terminals rapidly to the hardest-hit areas. The offer extends to new and existing customers through December, restoring connectivity in zones where traditional networks have failed due to infrastructure damage.
Musk quoted the post on X, writing, “SpaceX standard policy is to make Starlink free whenever there is a natural disaster somewhere in the world. It would not be right to profit from misfortune.”
Starlink extended the same relief to Sri Lanka amid Cyclone Ditwah, coordinating with local authorities for additional support. The cyclone battered the island nation with heavy rains and winds, disrupting communications for thousands. Free access also lasts until year-end, emphasizing Starlink’s role in bridging gaps during crises.
“For those affected by the severe flooding in Indonesia and Sri Lanka in the aftermath of Cyclone Ditwah, Starlink is providing free service to new and existing customers through the end of December 2025. We’re also working with the Indonesian government to rapidly deploy terminals and restore connectivity to the hardest-hit areas on Sumatra, as well as with the Sri Lankan government to provide additional assistance,” Starlink wrote in a post on its official website.
Musk’s companies routinely provide aid
Musk’s firms have a track record of providing critical support in crises, often without fanfare, challenging portrayals of him as a comic book villain intent on enriching himself on the backs of a suffering populace. In January 2024 alone, Tesla opened Superchargers for free in Japan’s Hokuriku region after a magnitude 7.6 earthquake killed at least 55 and injured hundreds.
Similar efforts include Starlink deployments for the 2023 Maui wildfires, 2024 Hurricane Helene in North Carolina, and floods in Texas, where the service was used to help facilitate emergency coordination. These actions, which total millions in waived fees and logistics, demonstrate a proactive ethos among Musk’s companies, with Musk noting in past interviews that such aid stems from engineering solutions over optics.
The initiatives also provide a direct rebuttal of Musk’s characterization on mainstream media, which tends to lean negatively. This has become much more notable in recent years as Musk adopted more conservative policies. These negative sentiments came to a head earlier this year when Tesla stores, vehicles, and even some owners, were attacked during waves of anti-Tesla protests.
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Tesla Cybertruck welcomed with open arms in South Korea
The event featured interactive demos, a light show with the full Tesla lineup, and announcements including FSD Supervised’s planned rollout to Cybertruck by the end of 2025.
Tesla Korea handed over its first 30 Cybertrucks to owners on Thursday during a ceremonial event at the Cultural Reserve Base in Seoul, marking the all-electric pickup truck’s official debut outside North America.
The event featured interactive demos, a light show with the full Tesla lineup, and announcements including FSD Supervised’s planned rollout to Cybertruck by the end of 2025.
A historic delivery event
The November 27 event transformed a former oil reserve warehouse into a symbolic launchpad for electric mobility. Attended by 30 new owners, the event included hands-on activities such as hammer-strike durability tests, accessory sales, a lucky draw, and group photos. It culminated in a synchronized light show featuring the 30 Cybertrucks alongside Model S, Model 3, Model X, and Model Y vehicles, which drew cheers from attendees.
Yvonne Chan, Tesla APAC Regional Director, joined as a special guest to celebrate the delivery milestone. Tesla Korea President Seo Young-deuk was also in attendance, and shared his optimism for the company’s momentum in the country.
“Korea is currently the third-largest market for Tesla sales worldwide, and this year, for the first time, it has achieved the No. 1 spot in imported car brand sales volume, Tesla Korea is growing at an incredibly rapid pace,” he said. “To repay this love from our customers, Tesla plans to continue investing in the Korean market and enhancing the customer experience.”
FSD Supervised launches in Korea
Seo announced the official introduction of Full Self-Driving (Supervised) in Korea, with Cybertrucks slated for inclusion by the end of 2025, which promoted applause from the event’s attendees. With even the Cybertruck expected to receive FSD this year, Tesla Korea’s fleet could very well become the country’s most advanced vehicles overnight.
Infrastructure growth remains a priority to support Tesla Korea’s expanding fleet. Tesla Korea’s Supercharger network currently includes 166 sites with 1,133 stalls, with V4 units planned for nationwide highway rest areas to boost long-distance travel. The company also operates seven stores and 15 service centers, though plans are underway to double both by 2027. A new store in Incheon’s Songdo district is scheduled to open by December 2025, enhancing accessibility for western Seoul-area customers.
Seo concluded, “Through all-encompassing investments spanning products, charging infrastructure, and service networks, Tesla Korea will deliver the most refined electric vehicle experience to Korean customers.”
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Tesla China delivery centers packed as Q4 2025 enters its final month
Fresh photos from delivery centers in the country show rows upon rows of Model Ys and Model 3s.
Tesla’s delivery centers in China are filled with vehicles as the company ramps up for its final push in Q4 2025. Fresh photos from delivery centers in the country show rows upon rows of Model Ys and Model 3s, signaling strong end-of-quarter momentum.
A delivery push for Q4 2025
A recent aerial shot from a Tesla delivery center in China captures the company’s efforts to deliver as many vehicles as possible as the year comes to a close. As could be seen in the image, which was posted by on X by Tesla enthusiast Nic Cruz Patane, the facility was filled with numerous Model Y and Model 3 units, each vehicle seemingly ready to be handed over to customers.
Echoing the scene, another post, reportedly from two weeks prior, showed a similar scene in a Shanghai location, which was packed with Model Y units. X user Roberto Nores shared the photo, noting that the image also shows multiple Model Y Ls, a six-seat extended wheelbase version of the popular all-electric crossover.
Towards a strong Q4 finish
China remains Tesla’s volume powerhouse, accounting for a good portion of the company’s global deliveries in recent quarters. That being said, reports did emerge in early November stating that the company only reached 26,006 retail sales during October, as noted in a CNEV Post report. The reasons for this remain to be seen, though a focus on exports could have been a contributing factor.
Tesla China does seem to be hinting at some momentum this November. Just recently, Tesla watchers observed that the order page for the Model Y in China shows a message informing customers that those who wish to guarantee delivery by the end of the year should purchase an inventory unit. This was despite the Model Y RWD and Model Y L showing an estimated delivery timeline of 4-8 weeks, and the Model Y Long Range RWD and Model Y Long Range AWD showing 4-13 weeks.
