Automatic Emergency Braking problems of the 2021 BMW X5

We live in [xxx]. We own a 2021 BMW X5-45e. It has about 85,000 miles and has always been serviced by the BMW dealer here in [xxx] – pierce BMW. On the evening of xxx I drove the vehicle home at 6:30pm after a 30 mile drive and parked the car outside in the shade of our house. The temperature at the time was approx. 95 degrees f. At 6:45pm we left the house and drove on the freeway and city streets of [xxx] about 8-10 miles to see a concert in downtown [xxx]. The temperature at that time was about 90-92 f. There was no wind. We then parked outside the venue for about an hour and watched the concert. We came out of the concert at about 8:30 and started the car. I drove about 200 feet to the corner and stepped on the brake. As the car slowly came to a stop the emergency/parking brake suddenly engaged at about 2-3 miles per hour. The car jerked to a very sudden and violent stop. To get the car going, I had to disengage the parking brake which was on with the indicated brake light. The engine was still on and there were no warning lights flashing. I turned the corner and accelerated again to about 15 miles per hour and touched the brakes to bring the car to a stop. The same thing happened. The car jerked to a sudden stop. To get the car going, I had to disengage the parking brake. The engine was still on and there were no warning lights flashing. It also happened a third time. That time, my elderly wife complained of pain in her back. After the third time, I turned the engine off and waited about one minute. I then restarted the car and drove it home with no problems. We have had no further issues, but this is a big concern as we no longer trust the car to perform as expected. This is a very worrisome issue and would like some answers, but apparently none are forthcoming. I took the car to pierce BMW and they could find no fault code or problem. Information redacted pursuant to the freedom of information act (foia), 5 u. S. C. 552(b)(6).

On Wednesday, December 20, 2023, shortly after 8:30 p. M. , I turned into the driveway for my columbia residence and proceeded with caution toward my carport. The weather was clear, with no rain or ice, and my driveway was free of all obstacles. My 2021 BMW X5 began to accelerate and move forward at a dangerous speed. Though I applied the brakes, they were unresponsive, and the vehicle collided, with force, into the brick steps at the carport entrance to my home. Upon impact, all airbags in the vehicle deployed, and the emergency response system was activated. Prior to impact, none of the vehicle’s safety monitoring features responded. These would include the system by which the vehicle’s speed is regulated whenever a vehicle on the roadway, in front of the X5, slows down or brakes. Neither did the warning system activate – the system that monitors the presence of obstacles in front of or behind the X5. The 2021 BMW X5 sustained significant front-end damage in the collision, and my residence was also damaged by the vehicle. I deny that the incident was operator error and believe it to have been the result of a vehicle or computer malfunction. Interestingly enough, the X5 had been serviced by BMW of columbia on Tuesday, December 12, 2023. That routine service included a brake flush.

My daughter was driving a vehicle and she was moving to another lane in the process. Car is capable and feature with automatic emergency breaking for front collision. During entire process she didn’t take action for some reason and car collided with another vehicle. Emergency brake didn't full stop vehicle. 10s of video recording was done during the collision.