I have 1999 ML320 with 77K miles on it, and the engine dies in the middle of the road without any warnings. Towed it to MBZ dealer, and MBZ offered $6K on repair. I was going to agree on that intil I found a note about the class action suit:

A Class Action Lawsuit was filed against Mercedes Benz that effects owners of all 1999, 2000 and 2001 Mercedes Benz vehicles. When Mercedes Benz implemented the Flexible Service System (FSS) in 1999, which permitted extended oil change intervals of up to 20,000 miles, they recommended changes with regular (fossil) oils. By 2001 they experienced some engines with excessive sludge deposits and early engine failures. They then recommended oil changes with only specific brands of synthetic motor oils to address this problem. Since Mercedes Benz initial recommendation for use of fossil oils resulted in not only engine failures of 1999, 2000 and 2001 vehicles, but also premature wear in others, a class action suited was filed against Mercedes Benz. Approximately 2 weeks ago, Mercedes Benz agreed to settle this suit by agreeing to extend the warranty on all 1999, 2000 and 2001 Mercedes Benz vehicles to 10 years or 100,000 miles, whichever comes first. In addition, the owners of 1999 vehicles will receive a total of $3,500 of service, of their choice, at a Mercedes Benz dealer."

Now, I checked the records and found that my dealer was using regular oil from 1999 to the middle of 2001, and the intervals between oil change were 10K-12K miles. So I thought the engine failure was due to the FSS problem with regular oil change, so the engine should be replaced on MBZ warranty that we, owners of M-class 1999-2001, should get based on this lawsuit.

How do I proceed with this? Any suggestions are appreciated.

Vlad

I have the letter here in my hands dated September 2002. The last paragraph reads 'You can rest assured that some of the world's best automotive engineers stand behind your Mercedes-Benz. If you have any questions or would like more information, please contact us at 1-800-367-6372.'
Thats exactly what I would do, call them and see what they plan on doing about the problem. They should also privide you with a car while the job is being done. Sure hope you live in an area that has a decent dealership.
Good luck and keep us posted.

Did this problem come on all of a sudden, the engine just dying going down the road?
How do you know the engine is failed?
Does the vehicle overheat, use a lot of oil, or go through coolant?
Does it smoke at any time?
How has it run prior to the problem?
It is the 3.2L 18V V-6?

Are you the original owner of the vehicle? Do you know if someone buys an ML used from a non-dealer lot, are they covered by the extended warranty?

What exactly does the sludge buildup do to the engine? You would think that with a Mercedes tech changing the oil at a dealer if they noticed sludge in the oil or on the filter they would immediately rectify the problem by reccommending more frequent oil changes and or switching to a synthetic oil.

We have considered buying an ML several times, but always end up with a Land Rover. How do you like your ML besides this problem? Any other major problems?

I guess maybe the lesson here is the best preventative measure you can take for extending engine life is change the oil regularly no matter what the "Reccommended Interval" is. Here is an example: When Jaguar came out with the XJ-6 in 1989, it had a 4.0L I-6 engine and the book informed you to change the oil every 3500 miles. In 1990, the Lexus LS430 came out. It could go (by the book) 10,000 miles between oil changes and tune-ups. In 1991, Jaguar changed the recommended interval of oil-change from 3500 miles to 6,500 miles. However, no engine changes were made. It was the same engine that last year recommeded 3500 miles, now it was at 6,500 miles. The oil was not different, either. Jaguar testing had proven the durability of the engine for over 300,000 miles given oil changes every 3,500 miles. When the interval went out to 6,500 miles, independent testing proved at least 100,000 miles knocked off the engine's life span. Later, Jaguar admitted it only did it to help them compete cheaply with Lexus.

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2002 Mercedes-Benz E320 4Matic
1995 Mercedes-Benz E320 Wagon
2005 Land Rover LR3 V8 SE
1999 Audi A8 4.2L quattro

Mine Died this past Summer, I paid $60. for a Crankshaft sensor and am happily on the road again.

__________________
Steve Danville
what i did myself.
CPS
rear shocks
MAS x 3.
SparkPlugs (twice)
Fuel pump & Filter
Window switch
replaced both failed horns with Honda horns.
Cleaned ERG Tube
Oil changes
Oil consumption Fix
Brake Pads
A/C Recharge
Anti-Freeze change X 2.
Front Shocks. Monroe. $90
Mercedes Warrenty Work:
Harmonic balancer,power steering clamp. Cat converters.Drive Shaft Bearing.s
Replaced Outer Lower Tie Rods and front lower ball joints at 156,000 miles

Yes, what does "died" mean? Engine "seized up" is an entirely different matter...

...and a $6K estimate indicates an engine rebuild quote!

If it's a rebuild issue, the class action compensation is easily confirmed by the tech when he puuls the pistons. The "coking" of the piston rings is a sure sign of improper oil change intervals, especially when following the FSS procedure.

Engine rebuild aside, the crankshaft position sensor is one culprit of having an engine die for no reason...the fuel pump failure is another.

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2009 ML350 (106K) - Family vehicle
2001 CLK430 Cabriolet (80K) - Wife's car
2005 BMW 645CI (138K) - My daily driver
2016 Mustang (32K) - Daughter's car

Well, I called MBZ and they started to ask about the sludge. When I said I do not know since the mechanics at the dealership are working on it, they said the issue is not related to the class action suit. I hangup and called the lawyer who handled the class action suit against MBZ. He sent me an 8-page fax that I have to fill out and sent him back. He said that MBZ must follow a procedure to do the engine testing in order to define the cause of failure.

I thought I live in area of a decent dealership, however they offered a car only when they will repair the engine. Right now I have to wait until Friday - they are waiting for a person who would test the engine to find out what happened.

G-Benz,

All I know that it was an engine failure that requires engine replacement, according to MBZ dealer. When the truck stopped, the oil was pouring on the road.

Re $6K estimate: yes, MBZ offered a rebuilt engine that costs $12K plus 2K labor to replace it, so the total cost is $14,000. MBZ offered a $6K discount only.

You said: "The "coking" of the piston rings is a sure sign of improper oil change intervals, especially when following the FSS procedure." I was changing oil as FSS suggested, every 10-12K miles, and the dealer always used regular oil until 2001. So if a tech confirms the piston ring coking then the engine should be replaced under warranty granted per class action (10years/150000 miles)?

- Did this problem come on all of a sudden, the engine just dying going down the road?
Yes, the lights on the dashboard lite up immediately and the engine just stopped running. I also have heard an engine noise that looks like something broke.

-How do you know the engine is failed?
Could not start it, oil pouring under.

- Does the vehicle overheat, use a lot of oil, or go through coolant?
I complained about the overheat about a months ago, the techanics cooulc not find a problem.

- Does it smoke at any time?
No

How has it run prior to the problem?
Could not start my ML about a month ago. Tech said it was attributed to the other problem that was fixed.

- It is the 3.2L 18V V-6?
I know it's a V6 from 1999 ML320 ;-)

- Are you the original owner of the vehicle?
Yes

- Do you know if someone buys an ML used from a non-dealer lot, are they covered by the extended warranty?
Sorry, have no idea - this is my first and probably the last Mercedes car

- What exactly does the sludge buildup do to the engine? You would think that with a Mercedes tech changing the oil at a dealer if they noticed sludge in the oil or on the filter they would immediately rectify the problem by reccommending more frequent oil changes and or switching to a synthetic oil.
MBZ did not know about it until the problems arise in 2001. So MBZ sent letter to owners recommending synthetic oil.

- We have considered buying an ML several times, but always end up with a Land Rover. How do you like your ML besides this problem? Any other major problems?
I have dual feelings. It is fun to drive, but it is not fun to fix all issues with it. Poor overall quality. Consumer rating below Buick which is on 36th place. I have love/hate relationship with it.

- I guess maybe the lesson here is the best preventative measure you can take for extending engine life is change the oil regularly no matter what the "Reccommended Interval" is.
It will be quite expensive to change synthetic oil every 3.5K miles 8-|


- Here is an example: When Jaguar came out with the XJ-6 in 1989, it had a 4.0L I-6 engine and the book informed you to change the oil every 3500 miles. In 1990, the Lexus LS430 came out. It could go (by the book) 10,000 miles between oil changes and tune-ups. In 1991, Jaguar changed the recommended interval of oil-change from 3500 miles to 6,500 miles. However, no engine changes were made. It was the same engine that last year recommeded 3500 miles, now it was at 6,500 miles. The oil was not different, either. Jaguar testing had proven the durability of the engine for over 300,000 miles given oil changes every 3,500 miles. When the interval went out to 6,500 miles, independent testing proved at least 100,000 miles knocked off the engine's life span. Later, Jaguar admitted it only did it to help them compete cheaply with Lexus.
Did Jag pay for broken engine replacement?

The reason for the lawsuit, is that the 10-12K interval that MB suggested was for SYNTHETIC oil ONLY! Many dealerships unwittingly performed the service with regular dino oil...and anyone that has changed oil in their vehicles knows that 7.5K is about the max limit of useful dino oil life. 10-12K oil change intervals using dino oil is far too infrequent, and as witnessed, is a death knell for the engine.

MB discovered this only after the higher-mileage MLs burped, and unfortunately, many other owners were already having dino oil changes under the FSS intervals, so the damage is already done. MB agreed to replace an engine free of charge if it could be conclusively determined that the long FSS intervals coupled with dino oil contributed to the failure. The piston ring "coking" is the "smoking gun" so to speak.

You need to get an MB rep involved in this one, since you are not the original owner, and therefore cannot provide documentation regarding service intervals prior to your acquiring the ML. But these motors are pretty solid otherwise, and a 77K mile failure is quite unusual for anything but the infrequent oil change issue.

Good luck...but I believe MB should pick up the tab on this one...

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2009 ML350 (106K) - Family vehicle
2001 CLK430 Cabriolet (80K) - Wife's car
2005 BMW 645CI (138K) - My daily driver
2016 Mustang (32K) - Daughter's car

Well, I am the original owner of the ML, and MB already looked at the records. They were actually impressed with the records ("you took care of the car as for a baby"), and the records show that the regular oil was used for oil change at th MB dealership, and FSS was installed for 10K mile intervals. So I hope and keep my fingers crossed the MB picks up the tab on this...
that would be cool ...

If there are records from 2001 to present day showing dino oil and the 10k services, then your dealer screwed up and you will be in good shape.

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previously: 04 E55, 01 CLK55, 99 ML320

Sorry for the oversight. With the service documentation history, you have an ironclad case for MB to replace the engine free of charge.

Glad you checked with us over here!

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2009 ML350 (106K) - Family vehicle
2001 CLK430 Cabriolet (80K) - Wife's car
2005 BMW 645CI (138K) - My daily driver
2016 Mustang (32K) - Daughter's car

Thanks guys for your support!

However, the dealer rep is giving me hard time with this issue. First, he said they could not find a reason of the engine breakdown. There is a hole in the engine becuase of the failure, and he said: "I do not know, maybe you were driving and hit something". So they are waiting for a MB rep to fly from Alabama to check what happened to the engine. My concern is that this would be a Merceres rep, so wouldn't you think the rep would write an opinion that is more suitable for MB than for me??

To agree with what others have already said here...MBZ needs to pick up the cost on this one. Their "rep" may well tell you the fault is your own, or the problem is unrelated. Go over his head...get representation-a lawyer will know how to handle this. A car that has been excellently cared for, serviced by the MB dealer, of all places, and comes to a stop with a dead engine and oil pouring out of it at only 77k miles is absolutely rediculous. I expect my E320 to do well over 200,000 miles, and I do all the maintenance myself. (Oil change non-synthetic (8.0 Quarts Synthetic=$$$) every 3-4k miles) Mercedes automobiles are excellent in many regards, but when something goes wrong they just don't want to acknowledge it. My car has the typical m104 engine oil leak, due to faulty Mercedes brand original headgasket failure. The car had this problem with 39k on it, and the MB dealer said he "was unaware of any such problem" on that engine!

Not sure I would want an ML any more...

Good Luck

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2002 Mercedes-Benz E320 4Matic
1995 Mercedes-Benz E320 Wagon
2005 Land Rover LR3 V8 SE
1999 Audi A8 4.2L quattro

Dig your heels in and stick to your guns!

MB will cave in eventually...especially if you get legal involved...they HATE that!

I haven't had serious issues when wrangling with the MB dealership, but there were some nonetheless. When something came up, they ALWAYS denied any factory or service-induced anomaly...it took a bit more "persistent reasoning" to get them to finally accept blame.

MB must be telling the dealers to do that for whatever reason...most cutomers cow-tow and accept defeat, and MB will usually play on the customer's ignorance of the situation. Unfortunately, it leaves a bad taste, and that bad taste is vocalized to others about "not purchasing an MB ever again!

Continue to press the matter...you are in the right on this one, and MB owes you a new engine!!!

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2009 ML350 (106K) - Family vehicle
2001 CLK430 Cabriolet (80K) - Wife's car
2005 BMW 645CI (138K) - My daily driver
2016 Mustang (32K) - Daughter's car