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 Frequently asked questions
==========================

The most common questions about this initiative. Something not covered here? Use the contact page.

  Eligibility
-----------

    Who is this for?     The test is your hardware, not your purchase. Does your Tesla have self-driving hardware from before HW4, meaning Hardware 2, 2.5 or 3 (also known as "FSD Computer")? Then you belong here, whether or not you bought the Full Self-Driving package. Tesla promised from October 2016 to August 2024 with every car that the hardware would be capable of full self-driving, and that promise applied to the car itself, not just to those who bought FSD separately. Hardware 3 is our primary focus because the evidence is strongest there, but the older HW2 and HW2.5 are included too. Which models and years that covers, and how to find your hardware version, is explained in the following questions.

    Which Tesla models and years are affected?     All Teslas with self-driving hardware from before HW4: Model 3, Model S, Model X and Model Y. Hardware 2 and 2.5 were roughly in cars from 2016 to 2019, Hardware 3 (FSD Computer 3.0) from 2019 onward. Most HW3 cars were delivered between 2019 and late 2023, but the exact switchover to HW4/AI4 varies by model and region. Got the free HW2.5 → HW3 retrofit? Then you now have HW3. The Cybertruck is not included (HW4/AI4 from day one). According to Electrek, we're talking about an estimated 4 million vehicles worldwide.

    How do I know which hardware my car has?     In the car: go to Controls → Software → Additional Vehicle Information. Your hardware version is shown there (HW2, HW2.5, HW3 or AI4/HW4). In the Tesla app, you'll find your VIN at the bottom of the main screen (long-press to copy). Cars with HW4/AI4 were generally delivered from late 2023 onward, but the exact switchover varies by model and region. Not sure? Sign up and choose "I don't know" as your hardware version; we'll help you work it out.

    I don't live in the Netherlands. Can I sign up?     Yes. We gather owners worldwide. The Dutch initiative focuses on EU-level action, but everyone is counted. The jurisdictions page shows what is happening locally. In the US there is a certified class action (CPM Legal), in Australia one runs through Echo Law. Sign up with your country. Your registration strengthens both the worldwide register and pressure on Tesla.

    Which countries are included?     We accept sign-ups from every country where Tesla sells. Europe is the core: all EU countries plus Iceland, Liechtenstein, Norway, Switzerland and the United Kingdom. Beyond that, we accept the US, Canada, Australia, New Zealand, Israel, Turkey, South Korea, Japan, China and more. Countries where FSD is currently approved: Belgium, Denmark, Estonia, Lithuania, Netherlands. Countries where FSD has not yet rolled out: Australia, Austria, Brazil, Bulgaria, Canada, Chile, China, Colombia, Croatia, Cyprus, Czech Republic, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Luxembourg, Malta, Mexico, New Zealand, Norway, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, Turkey, United Arab Emirates, United Kingdom, United States. The jurisdictions page shows what is happening per country.

    Is there already a class action in my country?     Possibly. In the US, a federal class action certified in August 2025 (Cotchett, Pitre &amp; McCarthy) is ongoing. In Australia, a class action is running through Echo Law. For the exact class definition and whether you fall within it, check directly with the relevant law firm. See the jurisdictions page for a per-country overview. Signing up with us does not exclude you from participating in a local class action, and vice versa.

    I've sold my Tesla. Can I still sign up?     Yes. Tesla's hardware promise was, in our assessment, factored into the price you paid for the car at the time. If you may have paid too much as a result, or sold your car at a loss, a damages claim can still exist after the sale. Note: as a former owner you can no longer request delivery; your claim then relates only to money. Whether there is actual damage depends on your purchase and sale price. Sign up and indicate that you've sold the car.

    I bought my Tesla second-hand. Can I participate?     Yes. It's about the hardware, not whether FSD is active. If the car you now own has Hardware 3, you can participate, even if FSD was never activated on it. When you sign up, indicate that you bought the car second-hand.

    I haven't purchased FSD. Can I still sign up?     Yes. The promise applied to the hardware in every HW3 car, regardless of the FSD package. Your claim just looks different: if you didn't buy FSD separately, it's about the hardware promise baked into the price of the car; if you did buy it separately, that comes on top. Both are valid. When adding your vehicle, select "Not purchased" as the purchase method.

    Does it matter whether I bought FSD or not?     For signing up, no. Both groups belong here. For your claim, yes. If you didn't buy FSD separately, you paid for a car Tesla promised would have hardware capable of full self-driving; your claim is about the portion of the car's price that, in our assessment, rested on that promise. If you did buy the FSD package separately (approx. €6,400), that comes on top: we also pursue a refund for that amount. We're investigating both tracks and therefore record your FSD status as a separate data point. We can't promise an outcome or amount; that depends on the legal assessment.

    Is this only about a refund?     The claim is financial and depends on your situation. If you didn't buy FSD separately, it's about compensation for the portion of the catalogue value that, in our assessment, rested on the promise. If you did buy the FSD package separately, a refund of that amount comes on top. We don't expect Tesla to deliver full self-driving on Hardware 3; the claim is therefore focused on money, not on delivery.

    I want Tesla to still deliver FSD on my car. Is this claim right for me?     Probably not. This claim is about money: refund and compensation. We don't expect Tesla to deliver full self-driving on Hardware 3, and we're not building the case on that. If you still believe that's possible and it's what you want, this claim isn't for you, and you can withdraw your registration at any time via Settings.

Participation &amp; costs
-------------------------

    What does it cost?     Signing up is free and non-binding; you're not committed to anything and no payment obligation arises. Signing up doesn't automatically entitle you to compensation; whether, and how much, is recoverable depends on the legal assessment and is not guaranteed. Participation is expected to cost you nothing upfront. We are in talks with a specialist litigation funder; the structure is aimed at you paying nothing upfront and, if the case fails, in principle nothing at all: that risk lies with the funder. If the case succeeds, an agreed portion of the proceeds goes to the funder; the remainder goes to the participants. These arrangements are not yet finalised; we'll let you know once they are.

    How often will I hear from you?     Only when there's something to share. Think a response from Tesla, a legal step, or an important development. No spam, no newsletters.

Privacy &amp; data
------------------

    What do you do with my data?     Your data is used only to register your sign-up, send you case updates and substantiate your claim. We don't sell it and don't pass it on to Tesla or the press. If this initiative transfers to a foundation that pursues the claim, your data may go with it; we'll let you know in advance and you can object at that point. See the terms and the privacy statement.

    Where is my data stored?     On servers within the European Union. Nowhere else. We comply with the GDPR.

    Can I get my data deleted?     Yes, at any time. Log in and go to Settings to delete your account and all associated data. You can also use the contact page to request access or correction.

    Is my VIN safe and is it required?     Providing your VIN is optional. You can add your vehicle without one if you find it too sensitive. Your VIN is only needed if the case moves to legal proceedings, and you can add it later at any time. If you do provide it: your VIN is stored securely in our database and is never publicly visible. In your dashboard you see only the last five characters. The full VIN is only visible when you choose to show it yourself. We don't share it with Tesla, the press or third parties outside this case.

    Is my data visible on the stats page?     No. The stats page only shows aggregated numbers such as total participants, vehicles and countries. Your personal data like name, email or VIN is never publicly visible.

Legal
-----

    Is this a lawsuit?     Not yet. We're in the collection phase for the Netherlands, soon EU-wide. Two formal notices have been sent, both rejected by Tesla. In preparing the case, we are assisted by law firm Kennedy Van der Laan. Possible next steps include a collective lawsuit or a WAMCA procedure (Dutch Mass Damage Settlement Act); the more owners take part, the stronger and more representative the case. For non-EU participants we act primarily as a worldwide register and referrer: the jurisdictions page shows what is happening locally (US: CPM Legal, Australia: Echo Law, etc.). Signing up does not create an attorney-client relationship.

    What's the relationship with Tesla?     None. This initiative is entirely independent. We use publicly available Tesla statements as evidence and present our positions factually.

    What if Tesla offers a solution after all?     The claim itself is financial. If Tesla offers an equivalent solution in a settlement or proceedings, such as an upgrade to AI4 (HW4), we don't rule that out. We just don't count on it and don't build the claim on it. We aim for a constructive outcome, not conflict for its own sake.

    Do I get legal advice by signing up?     No. This initiative doesn't provide individual legal advice. For specific questions about your own situation, consult a registered attorney or consumer organisation.

    Does limitation play a role for older cars?     For older cars (Hardware 2 and 2.5) limitation may be a factor, as the purchase was longer ago. Whether a claim is still legally viable we assess case by case. Feel free to sign up; we'll look at it individually.

Background
----------

    Who's behind this?     Mischa Sigtermans, in a private capacity. It's not a commercial service and not legal advice. In preparing the case, we are assisted by law firm Kennedy Van der Laan, working toward a possible collective procedure. The more owners take part, the stronger and more representative the case, and the greater the chance that procedure actually goes ahead.

    What's the difference between HW3 and AI4 (HW4)?     Hardware 3 (FSD Computer 3.0) is the self-driving hardware Tesla shipped from 2019 onward. AI4 (also called HW4) is the successor, shipping from mid-2023. According to a TESMAG analysis of self-reported driving data (March 2026), AI4 averages around 450 miles between disengagements versus about 120 on HW3. On HW3, a quantized, reduced model runs. Tesla acknowledges in its own patent that this workaround can render the system 'inoperable' for perception.

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HW3 Claim

 ](https://hw3claim.nl/en)Tesla promised since 2016 that every car with Hardware 3 would become fully self-driving. FSD is now rolling out across the EU, but not on our cars. Every HW3 owner is affected, whether or not they purchased FSD.

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© 2026 HW3 Claim, a private initiative by [Mischa Sigtermans](https://mischa.sigtermans.me).

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