2009 MERCEDES-BENZ E350

OUR 2009 MERCEDES E350 HAS ONLY 39,574 MILES ON IT. ON OCTOBER 26, 2016, THE CHECK ENGINE LIGHT CAME ON, THE VEHICLE STARTED SHAKING, AND THERE WAS NO POWER WHEN ACCELERATING. IT WAS TOWED TO THE MERCEDES DEALERSHIP IN ARCADIA, CA. WE WERE TOLD BY THE DEALERSHIP THAT THE CAM ADJUSTER WAS DEFECTIVE AND WOULD NEED TO BE REPLACED AT A COST OF $2,671. BECAUSE THE CAR HAS BEEN DRIVEN FOR LESS THAN 40,000 MILES, WE ASKED THE DEALERSHIP'S SERVICE AND PARTS DIRECTOR IF MERCEDES WOULD STAND BEHIND THE QUALITY OF THEIR PRODUCTS AND HELP US WITH THE SAFETY ISSUE. HE TOLD US TO CALL THE MERCEDES CUSTOMER SERVICE AT 800-222-0100. AN "EXECUTIVE REFERRAL MANAGER" NAMED IRENE GAVE US A CALL AND SAID THAT THE OFFER FROM MERCEDES WAS A 15% DISCOUNT. BASED ON OUR PREVIOUS EXPERIENCE, THAT IS THE STANDARD DISCOUNT MERCEDES GIVES FOR ITS SERVICE IN CASES WHICH DO NOT INVOLVE A DEFECTIVE PART. IRENE TOLD US THERE WAS NO FURTHER DISCOUNT BEING OFFERED BY MERCEDES. A SEARCH REVEALED A CLASS ACTION LAWSUIT FILED AGAINST MERCEDES BENZ USA IN THE UNITED STATES DISTRICT COURT - NORTHERN DISTRICT OF CALIFORNIA CASE NO. 12-CV-05493 (TEH) FOR PERSONS WHO HAVE PURCHASED OR LEASED MERCEDES-BENZ VEHICLES MODEL YEARS 2005-2007 EQUIPPED WITH M272 OR M273 ENGINES. THE SUIT WAS SETTLED BY MERCEDES WITH THE PLAINTIFFS WHO ALLEGED A DEFECT IN BALANCE SHAFT SPROCKETS IN M272 (V-6) ENGINES THAT CAUSE THE GEARS TO WEAR PREMATURELY. THE PLAINTIFFS CONTEND THAT MERCEDES-BENZ USA, LLC ("MBUSA") HAD A DUTY TO DISCLOSE THIS INFORMATION TO CONSUMERS AT THE TIME THEY PURCHASED THEIR VEHICLES. BASED ON THIS CONDUCT, PLAINTIFFS ALLEGE CLAIMS FOR VIOLATIONS OF THE NEW JERSEY CONSUMER FRAUD ACT, CALIFORNIA'S CONSUMER LEGAL REMEDIES ACT AND UNFAIR COMPETITION LAW. WE BELIEVE THAT THIS IS A SAFETY PROBLEM IN SOME E350S WHICH MBUSA KNOWS ABOUT AND THAT THEY SHOULD REPAIR IT FOR PUBLIC SAFETY REASONS.

I WAS DRIVING MY MERCEDES E350 ON I-95 NORTH BOUND SOMEWHERE NEAR PHILADELPHIA. MY FAMILY INCLUDING MY WIFE AND MY TWO SONS WERE ALSO ON THE CAR. SOMEHOW, ALL OF SUDDEN, THE VEHICLE WAS NOT UNDER CONTROL, WHICH IS, THE VEHICLE QUICKLY SLOWED DOWN AND DESPITE THE FACT THAT I KEPT PRESSING THE GAS PEDAL, THE VEHICLE DID NOT MOVE (I BELIEVE THAT THE ENGINE WAS SHUT DOWN FOR SOME REASON). I HAD TO USE HAZARD SIGNALS TO WARN THE VEHICLES OF THE DRIVERS BEHIND ME. MEANWHILE, MY SON ADVISED ME TO PRESS THE SOS BUTTON OF MY VEHICLE. FORTUNATELY SOME DRIVERS NOTICED THAT MY VEHICLE WAS NOT MOVING AND SOME OF THEM HELP ME SWITCH THE TRANSMISSION TO NEUTRAL AND HELPED PUSH MY VEHICLE TO THE ROAD SIDE. WE ALSO GOT HELP FROM POLICE OFFICERS TO ESCORT MY FAMILY MEMBERS TO THE NEARBY TRAIN STATION AND MY VEHICLE WAS TOWED TO THE SERVICE DEPARTMENT OF RAY CATENA, EDISON, NJ, WHERE I PURCHASED THE VEHICLE. THE SERVICE ADVISER ASKED ME TO PAY $135 FOR THEM TO EXAMINE WHAT WAS WRONG WITH THE VEHICLE. MY CONCERN IS THAT MERCEDES E350 IS SUPPOSED TO BE A CAR WITH GOOD AND SAFE QUALITY, SO WHY DID IT HAPPEN TO MY VEHICLE. I ALWAYS HAVE MY CAR MAINTAINED BY MERCEDES SERVICE DEPARTMENT ON A SCHEDULED BASIS. I (AND MY FAMILY MEMBERS) COULD HAVE GOTTEN KILLED THAT DAY. I ALSO WORRY THAT AFTER THE VEHICLE IS REPAIRED, THE SAME OR SIMILAR SITUATION COULD HAPPEN AGAIN. SO PLEASE ADVISE WHAT I SHOULD DO WITH THIS EVENT. THANK YOU. *TR