TL* THE CONTACT OWNS A 2009 LEXUS RX350. WHILE PULLING INTO AN OFF-STREET PARKING SPACE AT SPEEDS OF LESS THAN 5 MPH, THE VEHICLES ENGINE BEGAN TO SURGE AND THE VEHICLE THEN ABNORMALLY ACCELERATED. THE CONTACT ATTEMPTED TO DEPRESS THE BRAKE PEDAL, HOWEVER THE BRAKES WERE NON-RESPONSIVE. THE VEHICLE THEN CRASHED HEAD ON INTO A STONE WALL. THE VEHICLE WAS ABLE TO BE DRIVEN FROM THE CRASH SITE. SHE THEN DROVE TO HER LOCAL DEALER. THE DEALER DID A SHORT VISUAL INSPECTION AND STATED THERE WAS NOTHING WRONG WITH THE VEHICLE AND THAT DRIVER ERROR WAS THE CAUSE OF THE CRASH. A DIAGNOSTIC WAS NOT PERFORMED ON THE VEHICLE. REPAIRS TO THE VEHICLE WERE MADE. THERE WERE NO ADDITIONAL FAILURES FOLLOWING THE REPAIRS. SHE STATED THAT FOLLOWING THE REPAIRS, THE ACCELERATOR PEDAL FELT HIGHER AND AS IF THERE WERE MODIFICATIONS DONE ON THE VEHICLE, HOWEVER SHE COULD NOT PROVE WHAT REPAIRS WERE DONE. THE FAILURE MILEAGE WAS 4,500 AND THE CURRENT WAS APPROXIMATELY 7,500. UPDATED 4/28/10 *CN UPDATED 07/01/10.*JB