TL* THE CONTACT OWNED A 2016 SMART FORTWO. THE CONTACT STATED THAT WHILE DRIVING AT 25 MPH AND UNCERTAIN IF WHETHER HE DEPRESSED THE ACCELERATOR PEDAL OR THE BRAKE PEDAL; THE VEHICLE ACCELERATED OFF THE ROAD AND HIT A TREE. THE AIR BAGS DEPLOYED UPON IMPACT. THE CONTACT SUSTAINED MINOR BRUISING AT A RESULT OF THE ACCIDENT BUT DID NOT SEEK MEDICAL TREATMENT. A POLICE REPORT WAS NOT FILED. THE VEHICLE WAS TOTALED AND REMAINED AT THE SCENE OF ACCIDENT. THE DEALER NOR THE MANUFACTURER NOR THE DEALER HAD YET TO BE NOTIFIED OF THE FAILURE. THE VEHICLE HAD YET TO BE TOWED FROM THE SCENE OF THE ACCIDENT. THE POSSIBLE FAILURE MILEAGE WAS 50,000.