Class Action Lawsuit - Tank Expansion - 2009+ Monsters

[Curly]

All,

As many of you likely have, I received a class action lawsuit notification letter in the mail today.

It appears that issues pertaining to ethanol-related fuel tank expansion have been categorized into two camps: "Non-cosmetic problems" and "Cosmetic Distortions".

Subject to settlement of this lawsuit, Class Members are basically being given extended warranties and/or replacement parts if they have experienced Non-cosmetic problems or Cosmetic Distortions.

With respect to Non-cosmetic problems on 2009+ Monsters, "For motorcycles exhibiting functional interference between the fuel tank and other motorcycle parts due to fuel tank expansion or fuel leakage from the tank due to an original manufacturing defect, Ducati will provide necessary repairs or replace the fuel tank, as appropriate."

With respect to Cosmetic Distortion, "There are no issues with fuel tank cosmetic imperfections on [2009+] Monster models because the fuel tanks are not painted or exposed. The fuel tanks are covered with separate painted panels."

After taking my 2009 Monster out of storage last winter, I noticed that the plastic tank panels had separated on each side from the black vertical plastic tank "strip" that runs from the fuel filler cap down towards the seat by a number of millimeters. Though at this time the tank panels appear to remain sufficiently attached to the tank itself, there is noticeable visible separation of the tank panels from the center strip presumably caused by expansion of the underlying tank--and I have no reason to believe the separation will not become exacerbated over time.

This appears to be a "cosmetic distortion" on my bike. If it is being caused by ethanol-related fuel tank distortion, replacement of the tank or some other appropriate remedy would not be covered under this class action settlement.

1. Has anyone else experienced the separation of their plastic tank panels from the center plastic tank strip presumably due to the expansion of the underlying fuel tank?

2. If so, is anyone concerned that Class Members are apparently not being afforded any type of remedy under the settlement of this class action lawsuit?

I'm considering opting out of the Class in case I ever want to ask that Ducati North America replace my fuel tank. I expect it will continue to expand over the winter and come this spring, when I go to uncover the bike for the first time, I expect that the panels will have separated even further.

-Curly

[flynbulldog]

Originally Posted by Curly

All,

As many of you likely have, I received a class action lawsuit notification letter in the mail today.

It appears that issues pertaining to ethanol-related fuel tank expansion have been categorized into two camps: "Non-cosmetic problems" and "Cosmetic Distortions".

Subject to settlement of this lawsuit, Class Members are basically being given extended warranties and/or replacement parts if they have experienced Non-cosmetic problems or Cosmetic Distortions.

With respect to Non-cosmetic problems on 2009+ Monsters, "For motorcycles exhibiting functional interference between the fuel tank and other motorcycle parts due to fuel tank expansion or fuel leakage from the tank due to an original manufacturing defect, Ducati will provide necessary repairs or replace the fuel tank, as appropriate."

With respect to Cosmetic Distortion, "There are no issues with fuel tank cosmetic imperfections on [2009+] Monster models because the fuel tanks are not painted or exposed. The fuel tanks are covered with separate painted panels."

After taking my 2009 Monster out of storage last winter, I noticed that the plastic tank panels had separated on each side from the black vertical plastic tank "strip" that runs from the fuel filler cap down towards the seat by a number of millimeters. Though at this time the tank panels appear to remain sufficiently attached to the tank itself, there is noticeable visible separation of the tank panels from the center strip presumably caused by expansion of the underlying tank--and I have no reason to believe the separation will not become exacerbated over time.

This appears to be a "cosmetic distortion" on my bike. If it is being caused by ethanol-related fuel tank distortion, replacement of the tank or some other appropriate remedy would not be covered under this class action settlement.

1. Has anyone else experienced the separation of their plastic tank panels from the center plastic tank strip presumably due to the expansion of the underlying fuel tank?

2. If so, is anyone concerned that Class Members are apparently not being afforded any type of remedy under the settlement of this class action lawsuit?

I'm considering opting out of the Class in case I ever want to ask that Ducati North America replace my fuel tank. I expect it will continue to expand over the winter and come this spring, when I go to uncover the bike for the first time, I expect that the panels will have separated even further.

-Curly

Curly you need to object to the settlement and state your objection.
I've written my objection and in it I site this exact problem. The MTS1200 and Diavel are also experiencing panel separation due to tank expansion.

If we don't speak up you guys will have to accept what they give you - nothing! no warranty for you.

Is that OK with you guys?

[flynbulldog]

As a side note curly, if you cover your bike and let it sit for the winter you would be well served to drain your fuel tank

[Gilly]

Would it be stupid or whatever, to ask that a separate forum be made (even if temporarily) for the tank situation?

I dont mind reading multiple threads, but each one gets buried in different forums.

Or is this a bad idea?

[ducati_russ]

I could be wrong on this, but the problem you describe is not cosmetic distortion. It's a non-cosmetic problem (it's functional interference between the fuel tank and other motorcycle parts due to fuel tank expansion). The panels will fit properly with a non-expanded tank underneath. You should be okay with the class-action suit.

[Gilly]

No one should be "okay" with the suit. Unless I'm reading your post wrong.

The class action suit will for a very short time remedy the problem with brackets and cut down seats and smaller tanks, but it will not cure bad fitting panels... once the settlement instituted warranty period is over, we all get Eff-ed in the A!

[OKCDuc]

Ducati_Russ, I commend your discernment!

As far as opting out, remember you can also express yourself to the Court! You can also do both. If you opt out, be sure to know if you are willing to negotiate outside of the settlement (which may include filing legal action) on your own.

[Time2puckup]

What all year and models are involved in this suit. Has any one had any issues with the 848! I have recently purchased a used 08 model and wondered and if there is an issue and what do I need to look for. Thanks for any info.

Sent from my ADR6300 using Motorcycle App

[OKCDuc]

Yes, the 848 is included. Here is the document (attached).

[ducati_russ]

I could have written my thoughts a little better. The OP thinks his tank swelling will not be covered by the class-action lawsuit, but I think it will be because it's a non-cosmetic problem.

Regarding non-cosmetic the OP wrote:

"For motorcycles exhibiting functional interference between the fuel tank and other motorcycle parts due to fuel tank expansion or fuel leakage from the tank due to an original manufacturing defect, Ducati will provide necessary repairs or replace the fuel tank, as appropriate."

If Ducati makes the necessary repairs or replaces the fuel tank, isn't that a good solution? If not, what should it be?

Opting out of the settlement and getting your own laywer doesn't seem like a good solution when you take the cost and time of your own lawsuit versus the potential payoff.