For several months now, reports have circulated in comment sections
and forum threads about a possible defect in Tesla's vehicles that may cause suspension control arms to break.
Many of those reports appeared to come from a single, highly-motivated
and potentially unreliable source, a fact which led many to dismiss them
as crankery.
But as more reports of suspension failure in Teslas have
come in, Daily Kanban has investigated the matter and can now report on
this deeply troubling issue.
Our investigation began in earnest upon
reading a thread titled "Suspension Problem on Model S"
in the Tesla Motors Club forum.
The original poster (OP) in that thread
described the suspension in his 2013 Model S (with 70,000 miles)
failing at relatively low speed, saying the "left front hub assembly
separated from the upper control arm."
Images of the broken suspension
components showed high levels of rust in the steel ball joint and the OP
reported being told by Tesla service center employees that the "ball
joint bolt was loose and caused the wear," which was "not normal."
Because his Tesla was out of warranty, the repair was reportedly sent to
Tesla management for consideration.
According to a subsequent post by the OP,
Tesla management refused to repair the broken suspension under warranty
despite the "not normal" levels of wear reported by the service techs.
Then, just days later, the OP reported
that Tesla had offered to pay 50% of the $3,100 repair bill in exchange
for his signature on a "Goodwill Agreement" which he subsequently
posted here (a scan of the stock agreement can be found here). That agreement included the following passage:
"The
Goodwill is being provided to you without any admission of liability or
wrongdoing or acceptance of any facts by Tesla, and shall not be
treated as or considered evidence of Tesla's liability with respect to
any claim or incidents.
You agree to keep confidential our provision
of the Goodwill, the terms of this agreement and the incidents or
claims leading or related to our provision of the Goodwill.
In
accepting the Goodwill, you hereby release and discharge Tesla and
related persons or entities from any and all claims or damages arising
out of or in any way connected with any claims or incidents leading or
related to our provision of the Goodwill.
You further agree that you
will not commence, participate or voluntarily aid in any action at law
or in equity or any legal proceeding against Tesla or related persons or
entities based upon facts related to the claims or incidents leading to
or related to this Goodwill." [Emphasis added]
This
offer, to repair a defective part in exchange for a non-disclosure
agreement, is unheard of in the auto industry. More troublingly, it
represents a potential assault by Tesla Motors on the right of vehicle
owners to report defects to the National Highway Traffic Safety
Administration's complaint database, the auto safety regulators sole
means of discovering defects independent of the automakers they
regulate.
Reuters also reports today that U.S. auto safety investigators are reviewing reports of suspension problems in Tesla Motors Inc's Model S cars.
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