TL* THE CONTACT OWNED A 2008 BMW 328I. WHILE DRIVING, THE VEHICLE ACCELERATED WITHOUT WARNING. THE DRIVER DEPRESSED THE BRAKE PEDAL, BUT IT FAILED TO STOP THE VEHICLE. AS A RESULT, THE DRIVER CRASHED INTO A TREE. THE AIR BAG FAILED TO DEPLOY. THE DRIVER SUSTAINED ARM INJURIES THAT DID NOT REQUIRE MEDICAL ATTENTION. A POLICE REPORT WAS NOT FILED. THE VEHICLE WAS TOWED TO A TOW LOT. THE DEALER WAS NOT CONTACTED. THE VEHICLE WAS DESTROYED. THE MANUFACTURER WAS NOTIFIED OF THE FAILURE. THE APPROXIMATE FAILURE MILEAGE WAS 130,000.