My one year old E-Class caught fire - surely Mercedes is liable?

My year old Mercedes E-Class caught fire on my drive as I got home, and was destroyed. I see that owners of older cars which caught fire have had to claim on their insurance, but obviously this involves significant financial penalties. Surely Mercedes should replace the car, as they would if the engine had simply exploded rather than catching fire?

There was a recall for E Classes in March for a faulty seal in the engine bay which could cause a fire between the engine and bulkhead - which was where the fire started. My car wasn't included in the recall, but it seems like quite a coincidence. Also, the injectors were replaced last month under a recall and the car wasn't running the same after that.

What are my chances of getting Mercedes to replace the car as a product liability issue, given the age?

Asked on 20 October 2015 by no_hybrid

Answered by Honest John
Good. This is Recall R/2015/041 dated 23/3/2015 for E Class built between 1/7/2013 and 31/12/2014. This might actually include your car, but it wasn't recalled because though it was built in 2014 it was not registered until 2015. The 'Concern' states: "A seal between bonnet and engine compartment may, when the bonnet is opened, temporarily stick to the bonnet. If this happens the seal may detach form its fixing and can fall into the gap between engine and partition wall. It is then possible the seal can make contact with the exhaust and, under certain conditions, catch fire."
The affected VIN numbers were: WDD2120342A703567 to WDD2122752B133129 and
WDD2183592A062023 to WDD2189752A142862. If your VIN fits these then the car should have been recalled but wasn't due to its later date of registration and you can hold the supplying dealer and Mercedes Benz UK wholly liable.
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