smart car caughts on fire, MB USA blames aftermarket battery.

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May 15, 2018
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#1
Hi everybody! My name is Alfonso Rascon, I had an incident with my car almost 3 months ago, I'm sharing here what happened and hopefully somedody can help me:
On February 16 of this year my 2013 smart Fortwo caught on fire for unknown reasons, fire department said the cause was electrical, after doing some research I learned about some cases for engine fires but there was no recall on either the smartusa nor NHTSA websites associated to my car at that time, however, I learned about a safety recall for risk of electrical fire in Mexico and Europe. I filled a complaint with the NHTSA and contacted Mercedes Benz USA who after almost 2 months sent a team to determined the cause of the fire, After not hearing back from them I contacted them again and I was told the car didn't have any defective parts but it had an aftermarket battery. when I asked: "how can they prove the battery was the cause of the fire?" the lady handling my case (her name is Susan) answered: "I don't know, I'm just telling you what's on the final report". When I told her I wanted to talk to somebody else because I can prove there was a safety recall worldwide for risk of electrical fire but not in the USA she said there was nobody else to talk and that the case was closed. At the time I completely forgot to ask for a copy of that final report but I called back almost immediately with no luck. Now it's been 15 days trying to reach or anybody at MB USA asking for the final report and nobody has contact me back.
Since the beginning I've emailing her with copies to Christian Treiber and Dietmar Exler who are the contact people listed on Elliott's website.
Last week Mercedes Benz USA finally decided to recall some cars for the engine fires after 10 years. How long before they start the recall for the fire risk? If MB USA wants to blame the aftermarket battery, why they won't send me the final report?
 
May 15, 2018
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Thanks for the reply Carrie, as I stated I've been e-mailing copies to the Mercedes contacts located on Elliott's website, neither replied not even once.
Hopefully somebody comes with more advice as you said.
Thanks again.
 

jsn55

Verified Member
Dec 26, 2014
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#4
Alsrac, my knee-jerk reaction is that you have a lovely lawsuit on your horizon. I would contact some attorneys to see if there's interest. You cannot deal with these big guys who are masters of obfuscation, and they do it on purpose. They have LOTS of experience hoodwinking the public. I would think an attorney who specializes in automotive issues would jump on this one, on a contingency basis. I would start a comprehensive listing of the facts of your case, with all the details. Please keep us updated.
 
Likes: alsrac
Sep 19, 2015
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I see the recall was for 2008-09 models. The source of the recall is : The rear insulation mat in the engine compartment could "deform, deteriorate, and loosen over time," the report said. The mat's material could contact hot components in the exhaust system, increasing risk of a fire, it said." Was your car fire in that area with the rear insulation mat?

Did you have an aftermarket battery or change of battery?

The reason I am not discounting the battery is because of all the issues with the Samsungs with the battery issues that overheated and caught fire.
 
May 15, 2018
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@jsn55: thanks for the reply, I liked your advice, I think that's going to be the next step.
@Christina H : Yes, it had an aftermarket battery, I stated that on the subject, I'm not discounting that either the problem is that now it is impossible to reach the lady who was handling my case, before she would reply emails and could be reach at her extension, since MB USA closed the case if I call the toll free phone number and her extension is not available and she won't reply my emails. Like I said on my first post, if MB USA is blaming the aftermarket battery and wants me to go after that company, why they won't mail me a copy of the final report?
 
Likes: krisseye