Accelerator Pedal problems of the 2019 BMW 540

The contact owns a 2019 BMW 540i. The contact stated while driving at various speeds, the vehicle stalled without warning while depressing the accelerator pedal. The contact stated that while attempting to park the vehicle, the failure recurred. The contact continuously depressed the accelerator pedal and the vehicle lunged forward and collided with a barrier and crashed into his neighbor's vehicle. The air bags failed to deploy upon impact. The contact was not treated for any injuries. A police report was not filed. The contact had taken the vehicle to an independent mechanic who discovered that the lower section of the accelerator pedal was fractured. The manufacturer was notified of the failure and agreed to pay for a portion of the repair. The contact received a letter that stated that the manufacturer agreed to pay for the accelerator pedal replacement however, by accepting the payment, the manufacturer would absolve themselves of any responsibility of any damages caused by the defective accelerator pedal. The contact had not agreed to the terms of the agreement of the letter. The vehicle was repaired out of pocket. The failure mileage was 18,000.