NHTSA Complaint #10695497 — 2006 MERCEDES-BENZ E350

THERE IS A SERIOUS SAFETY ISSUE WITH 2006 MERCEDES-BENZ E CLASS (MBEC) BECAUSE OF A MANUFACTURER'S AND/OR DESIGN DEFECT WHICH CAUSES THIS VEHICLE TO NOT GO INTO PROPER GEAR AND/OR STALL SUDDENLY PUTTING THE PUBLIC AT RISK. I BARELY ESCAPED BEING SMASHED INTO BY ONCOMING TRAFFIC WHILE MAKING A ROUTINE LEFT HAND TURN INTO A GAS STATION BECAUSE MY MBEC WAS STUCK IN GEAR AND DID NOT ACCELERATE AS IT WAS MANUFACTURED AND DESIGNED TO DO BUT RATHER SPUTTERED AT LESS THAN 5 MILES PER HOUR (MPH). THE ONLY REASON I WAS NOT T-BONED AND LIKELY SERIOUSLY INJURED ALONG WITH OTHER PEOPLE WAS BECAUSE THE OTHER DRIVERS SWERVED INTO ONCOMING TRAFFIC CAUSING THOSE DRIVERS TO ALSO SWERVE. MIRACULOUSLY NO ONE WAS INJURED, THIS TIME. ALSO, THE REASON WHY I WAS TURNING INTO THE GAS STATION WAS BECAUSE I WAS FORCED TO GET OFF THE HIGHWAY BECAUSE MY MBEC WOULD NOT CHANGE GEAR AFTER I GOT ON THE HIGHWAY AND WAS APPROACHING RED-LINING AT AND IT SEEMED LIKE THE ENGINE MIGHT BLOW. THE TIPTRONIC ALSO FAILED DURING THIS MALFUNCTION. I HAD THE AUTHORIZED MB DEALER THAT I HAVE USED SINCE I PURCHASED MY MBEC PICKUP MY VEHICLE TO LOOK INTO THIS ISSUE AND MY ADVISOR TOLD ME I NEEDED A NEW BALANCE SHAFT BECAUSE THE ONE IN MY VEHICLE HAD PREMATURELY WORN (EVEN THOUGH I HAVE ALWAYS STRINGENTLY FOLLOWED MY MB ADVISOR'S SUGGESTIONS) AND IT WOULD COST ROUGHLY $6,500. S/HE ALSO SAID THIS OCCURS IN ROUGHLY 15-20% OF '06 MBEC. BUT MB WOULD NOT FIX THIS SAFETY DEFECT UNLESS I PAID. WORSE YET, MY ADVISOR NEVER MADE ME AWARE OF THIS SERIOUS SAFETY ISSUE EVEN THOUGH S/HE PREVIOUSLY KNEW OR SHOULD HAVE KNOWN AND AS A RESULT PUT THE PUBLIC AT RISK BY NOT ENABLING ME TO RESOLVE THIS SERIOUS SAFETY ISSUE WITH MY MODEL YEAR VEHICLE UNTIL THE OCCURRENCE OF A NEAR CATASTROPHE. THERE SHOULD BE A SAFETY RECALL NOW THAT THIS SAFETY DEFECT HAS COME TO LIGHT AND UNLESS THERE IS, THE PUBLIC WILL REMAIN AT SERIOUS RISK. *TR