NHTSA Complaint #10489061 — 2005 MERCEDES BENZ E CLASS

DURING THE PAST 2-3 YEARS, MY WIFE AND I BEGAN TO NOTICE A GASOLINE VAPORS IN OUR CLOSED GARAGE IMMEDIATELY AFTER OUR 2005 E320 HAD BEEN REFUELED. WE ALSO NOTICED THAT AFTER A FEW DAYS DRIVING, THE GASOLINE VAPORS, DIMINISHED. MORE RECENTLY, IT ALSO SEEMED THAT THE GASOLINE ODOR HAS BEEN STRONGER AFTER REFUELING. IN ADDITION, MY WIFE, WHILE DRIVING THIS CAR, HAS RECENTLY BEGUN TO SMELL GASOLINE VAPORS FROM INSIDE THE CAR, AND WHILE DRIVING. DURING A RECENT VISIT TO MY DEALER FOR SERVICING, I ASKED THEM TO LOOK INTO THE ISSUE. THEY REMOVED THE REAR SEAT, FILLED THE FUEL TANK, AND THEN DISCOVERED GASOLINE LEAKING AND PUDDLING AROUND THE FUEL SENDING UNIT. TO CORRECT THE PROBLEM, THE DEALER TOLD ME TO EITHER 1) REPLACE THE ORIGINAL FUEL TANK WITH A SLIGHTLY REDESIGNED TANK, OR 2) WHEN REFUELING, FILL THE GAS TANK TO A LEVEL LESS THAN COMPLETELY FULL. THEY ADMITTED THAT THE EXISTING DESIGN PROBABLY CONTRIBUTED TO THE LEAKING. THE DEALER STATED ALSO THAT A REPLACEMENT FUEL TANK WOULD COST US AROUND $2,600 AND THE COST WOULD NOT BE COVERED UNDER ANY VEHICLE WARRANTY, INCLUDING THE EMISSIONS WARRANTY. THIS CAR WAS PURCHASED NEW IN DEC 2004 AND NOW HAS 75000 MI. IN ANOTHER 2 WEEKS, IT WILL BE 8 YEARS OLD. MY GREATEST CONCERN IS THAT THE GAS TANK DESIGN AND SUBSEQUENT GASOLINE LEAKAGE COULD CONTRIBUTE TO A VEHICLE FIRE AND SERIOUS BODILY INJURY IF THE VEHICLE WERE INVOLVED IN A COLLISION. THIS IS NOT TO MINIMIZE THE IMPACT OF HAVING TO BREATH GASOLINE VAPORS THAT ARE INSIDE THE VEHICLE AND WHILE DRIVING IT. WE BELIEVE THERE IS A SERIOUS DESIGN DEFECT, AND THAT IT SHOULD BE REMEDIED BY MERCEDES-BENZ AND AT THEIR COST AS SOON AS POSSIBLE. FURTHER, FOR US TO NOT ?FILL-UP? THE FUEL TANK AT ANY TIME, DOES NOT CORRECT THE FLAWED DESIGN, THUS IS NOT REALLY AN OWNERSHIP OPTION. *TR