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On Friday I was driving my bmw at 40 mph, gas pedal got stuck all the way down to the floor. The car accelerated a lot… (gas pedal is still jammed into place without any outside interference). I panicked… I saw death flash before my eyes.. I some how put the car in neutral while it revved at 7000 rpm, then stopped it slowly as i tried to turn the car off and it wouldn’t turn off for a couple minutes… I repeatedly pushed the start/stop button then held it to turn off the car while it was revving at 7k. I parked on the shoulder of the city road, out of the way of any cars and put the e-flashers on.Then got out to try to un-jam the pedal… A guy stops behind me and tries to help me out because he saw my car accelerate and rev after i stopped it… I Opened the driver door to pull out the gas pedal, but it wouldn’t budge an inch. With the help of that person that stopped, we looked under and back around the driver door to try to figure out what went wrong. After 10 minutes of inspecting the car, we came into the conclusion that it needs a tow truck. We stepped onto the sidewalk for a minute, all of a sudden a car crashes into the driver side ( the area i was standing in a minute before) of my car at over 40 mph. The driver was drunk, I have her on video walking. It could’ve been me standing there, I would’ve died. I was shaking for hours afterwards… Couldn’t sleep that night. Still not doing well. I almost died twice, once as the car accelerated because of BMW’s jammed pedal. The second time because a drunk driver hit my car that was a direct result if the gas pedal malfunctioning causing me to stop the car in a red non-parking zone. Police showed up and documented everything including picture. The driver of the other car was arrested. I towed my car to the BMW dealer, we then had me move it to their local body shop. I asked the dealer to inspect the gas pedal before moving the car, they said call BMW corporate and ask them to inspect it. The car sits at a local body shop in Torrance. I want to further document the pedal. Should I call BMW monday? The car is a 2008 BMW 135i with a manual transmission and 47k miles (out of warranty) I want to go after BMW for making a defective safety essential component, causing a drunk driver to crash into my car and almost killing me. Do I have a case?

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Auto Defect Q & A