Anyone else holding off on the Cantrail recall?

[MrHayabusa]

This is an interesting thread, thanks everyone for their thoughts. I have not done my cantrails yet ... and really didn't want to deal with it cuz I would have to PPF on them again .. and I wasn't sure how difficult / costly that would be. Does everyone get $300 in Tesla credit to get them done? I will contact my PPF guys to see what they say. With the liability/safety issue, I will at lest investigate doing this now...

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[bosshog]

Tesla gave me $300 to get mine done, so they seem to think that they would be held responsible. Or… at least in court they can claim we begged them to do it, even offered $300 and the refused.

They gave you 300 presumably to replace the wrap ?

 

[HaulingAss]

So I have an honest question because I know there are many good legal minds on here. Pure curiosity. No aspersions being cast at anyone deciding to do one thing or another whatsoever.
Let’s say there is a well known recall for something like this or some other thing that affects other road users, and that a driver has received adequate and reasonable notice of the recall but decides not to do it. Then, for the sake of argument something happens on the freeway like a cantrail flies off and causes a rollover or goes through a window and kills some thin skulled human.
Does it follow then that the driver who did not act on the recall notice is culpable for the outcome of the adverse event?

As you know, you can sue anyone for anything. And common practice is to sue every party that is involved in any way, no matter how tangential. The outcome depends upon the evidence, the court, how convincing the lawyers are, etc.

 

[PungoteagueDave]

Not replacing here as well. Not broke, dont fix it. Plus mine are wrapped and Tesla wont pay for them to be wrapped. Mine are solid and not loose. So staying with what I have.

Tesa will pay for re-wrapping. Kind of surprised me, but $300.

 

[HaulingAss]

Not replacing here as well. Not broke, dont fix it. Plus mine are wrapped and Tesla wont pay for them to be wrapped. Mine are solid and not loose. So staying with what I have.

My observation is that the ones that fail, fail in stages. They don't go from being firmly attached along their entire length to simply flying off and decapitating pedestrians that happen to be walking alongside the freeway.

Sure, anything is possible, but they are much more likely to be hit by someone drifting out of their lane onto the shoulder. And, yes, you could get sued for that too.

 

[jbtfd]

if there's an active recall on your VIN and you don't do it, then it flies off while highway driving and causes an accident or serious injury, YOUR insurance will not be bailing your ass you can take that to the bank

i am an adjuster, ask me about how I am not really your friend on insurance claims lol

 

[hemiarch]

As you know, you can sue anyone for anything. And common practice is to sue every party that is involved in any way, no matter how tangential. The outcome depends upon the evidence, the court, how convincing the lawyers are, etc.

Well from a legal and probably ethical perspective , I probably don’t want any part in something genuinely bad that happens behind my car and that is probably worth a couple of less than dime size minor imperfections in the pillars of my car.
Probably should have thought of this before I conducted my lightbar experiment.
Of course, my second car was purchased after the recall so I wasn’t given an option. As for the $300 rewrap credit, not sure it matters other than to make you “feel” better. My car was wrapped AFTER the recall was done and the spots in question are still visible to anal retentive people like us.

 

[Kenneth K.]

i'm hold off on mine and do weekly "wiggle-test"

 

[That Beast Mode]

Tesla gave me $300 to get mine done, so they seem to think that they would be held responsible. Or… at least in court they can claim we begged them to do it, even offered $300 and the refused.

Had I known they were doing the $300 credit, I would have ordered the cheapest black wrap material china has to offer and done the worst pillar delete wrap job known to man before taking it in for the recall.

 

[dalton108]

if there's an active recall on your VIN and you don't do it, then it flies off while highway driving and causes an accident or serious injury, YOUR insurance will not be bailing your ass you can take that to the bank

i am an adjuster, ask me about how I am not really your friend on insurance claims lol

Well from a legal and probably ethical perspective , I probably don’t want any part in something genuinely bad that happens behind my car and that is probably worth a couple of less than dime size minor imperfections in the pillars of my car.
Probably should have thought of this before I conducted my lightbar experiment.
Of course, my second car was purchased after the recall so I wasn’t given an option. As for the $300 rewrap credit, not sure it matters other than to make you “feel” better. My car was wrapped AFTER the recall was done and the spots in question are still visible to anal retentive people like us.

Pretty simple stuff you’re driving around with a known hazard on your vehicle that you have refused to repair. You’re going to be in for a rough ride.

We have a “reasonable person” standard at law. A reasonable person does not knowingly drive around with 5 foot long samurai swords weakly attached to the side of their vehicle, and after being told that that’s dangerous — continue to do so! That’s exactly how the lawyer suing you will present the facts to the jury/judge except, it’ll be a lot more flamboyant than that.

So, no one should be under any illusions we have a safety recall and a responsibility to get it fixed. By not doing so I and anybody else who’s choosing the same path I am are assuming an unnecessary risk. If things go wrong, you’ll pay.

I have specialized knowledge and I’m taking extra precautions but even that won’t save me. Actions and choices have consequences ladies and gentlemen.

 

[That Beast Mode]

Pretty simple stuff you’re driving around with a known hazard on your vehicle that you have refused to repair. You’re going to be in for a rough ride.

We have a “reasonable person” standard at law. A reasonable person does not knowingly drive around with 5 foot long samurai swords weakly attached to the side of their vehicle, and after being told that that’s dangerous — continue to do so! That’s exactly how the lawyer suing you will present the facts to the jury/judge except, it’ll be a lot more flamboyant than that.

So, no one should be under any illusions we have a safety recall and a responsibility to get it fixed. By not doing so I and anybody else who’s choosing the same path I am are assuming an unnecessary risk. If things go wrong, you’ll pay.

I have specialized knowledge and I’m taking extra precautions but even that won’t save me. Actions and choices have consequences ladies and gentlemen.

I don't think anyone is against the recall or wants to intentionally take on unnecessary risk, we all just care about our trucks and we see the shit quality results most people are getting back and we don't want it (just fyi, I had mine done already, I'm not thrilled about them, but there are way worse on this forum). I don't think it's unreasonable to ask, hey if you're replacing this part, can you at least make sure you put it on right - instead of having to fight with the all inclusive "In Spec" defense.

 

[RAY INGRASSIA]

I'LL PASS on the recall as well. Too many complaints on the "fix". Mine appear tight and have had no issues. Better things to worry about.

 

[Ricvipermoto]

Passing on the recall. Mine are solid. Custom Wrap

 

[hemiarch]

I don't think anyone is against the recall or wants to intentionally take on unnecessary risk, we all just care about our trucks and we see the shit quality results most people are getting back and we don't want it (just fyi, I had mine done already, I'm not thrilled about them, but there are way worse on this forum). I don't think it's unreasonable to ask, hey if you're replacing this part, can you at least make sure you put it on right - instead of having to fight with the all inclusive "In Spec" defense.

Pretty good little niche business opportunity if one were to get skilled at adjusting these which I’m told is not very hard.
Free market. How much would you pay someone to get yours just right?

 

[SCTesla]

Pretty simple stuff you’re driving around with a known hazard on your vehicle that you have refused to repair. You’re going to be in for a rough ride.

We have a “reasonable person” standard at law. A reasonable person does not knowingly drive around with 5 foot long samurai swords weakly attached to the side of their vehicle, and after being told that that’s dangerous — continue to do so! That’s exactly how the lawyer suing you will present the facts to the jury/judge except, it’ll be a lot more flamboyant than that.

So, no one should be under any illusions we have a safety recall and a responsibility to get it fixed. By not doing so I and anybody else who’s choosing the same path I am are assuming an unnecessary risk. If things go wrong, you’ll pay.

I have specialized knowledge and I’m taking extra precautions but even that won’t save me. Actions and choices have consequences ladies and gentlemen.

What if you have messages from Tesla saying that if it's not coming loose, it's not worth it and that they don't recommend it unless there's a chance of them falling off?

Tesla seriously discouraged me from doing it. They said most are unhappy with the results and the falling off is rare. They checked mine and told me they would recommend against it.

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