NHTSA Complaint #10453913 — 2002 MERCEDES BENZ ML320

I RECENTLY TOOK MY 2002 ML320 INTO MY LOCAL MERCEDES REPAIR SHOP (FAIRFIELD, CT) TO HAVE SOME WORK DONE. WHEN I COLLECTED THE VEHICLE AND AS I WAS LEAVING, THE ESP/BAS, ETS AND ABS LIGHTS CAME ON SIMULTANEOUSLY. THIS HAD HAPPENED ON MANY PREVIOUS OCCASIONS OVER THE YEARS AND EVERY TIME I HAD MENTIONED IT TO THE MERCEDES SERVICE PEOPLE THEY HAVE SAID THAT THIS IS A COMMON FAULT AND THAT I SHOULD TURN OFF THE ENGINE, WAIT AND THEN RE-START AND THIS SHOULD CLEAR THE ISSUE. THIS HAD MOSTLY WORKED UNTIL THIS RECENT OCCASION. INSTEAD IT THE LIGHTS REMAINED ON AND SO I IMMEDIATELY DROVE THE CAR BACK INTO THE REPAIR SHOP. THE REPAIR SHOP KEPT THE VEHICLE FOR SEVERAL DAYS TRYING TO ISOLATE THE CAUSE. EVENTUALLY THEY FOUND SOME SERIOUS CORROSION IN THE ESP/HYDRAULIC CONTROL UNIT. THEY TOLD ME THAT THIS WAS RELATED TO AN ACCIDENT THE CAR WAS INVOLVED IN AND SUGGESTED I CONTACT MY INSURER. THE INSURANCE ASSESSOR EXAMINED THE CAR IN DETAIL AND CONCLUDED THAT THE FAULT WAS ENTIRELY UNRELATED AND THEIR DIAGNOSIS WAS THAT THE DESIGN OF THE UNIT WAS FLAWED. IN OTHER WORDS THIS IS A DESIGN FAULT. THEY SAID THAT GIVEN THAT THIS UNIT CONTROLS THE ENTIRE BRAKING SYSTEM, ANY FAILURE COULD BE CATASTROPHIC. I HAD NO CHOICE BUT TO AUTHORIZE THE REPAIR. HOWEVER, I AM VERY CONCERNED ABOUT THIS ISSUE. THE UNIT HAS BEEN REPLACED AT A COST OF NEARLY $2,400 BUT IF AS THE GEICO INSURANCE ASSESSOR BELIEVES, THIS IS A DESIGN FAULT THEN THIS IS GOING TO HAPPEN AGAIN. ADDITIONALLY, IT SEEMS THAT THE UNIT HAD BEEN CORRODED FOR SOME TIME AND COULD HAVE FAILED AT ANY TIME BUT BECAUSE IT IS SUCH A COMMON OCCURRENCE FOR THESE WARNING LIGHTS TO COME ON, NO-ONE INVESTIGATED THE ISSUE WITH THE UNIT UNTIL RECENTLY. MY RELATED CONCERN IS THAT THE UNIT COULD FAIL AT ANY TIME AND THIS POSSIBILITY PLACES ME AND MY FAMILY IN POTENTIAL DANGER. MERCEDES DECLINED TO TAKE ANY ACTION. *TR