Tank Assembly problems of the 2006 Toyota Highlander

Friday early may 2008, I carried my Highlander for it's 30k service at 28k, due to hesitation, lurching, backfiring at times and poor gas mileage. At the service, I was told they clean the accelerator senor. The vehicle ran fine getting 28 miles per gallon, but notice a change in the vehicle grounding. I could hear the engine noise though the radio sometimes in the morning. The engine noise was added feature. I noticed the engine shifting was smooth until the following Tuesday. It was rain traffic medium driving 65 mph. The Highlander consumed a quarter of a tank within 20 miles. My Highlander is kept in garage nightly and most of the day. I make an appointment to my nearest Toyota dealer on 16may08 31k. The local dealership reset my vehicle?s computer by connecting the battery and reconnection. I was told 2 weeks before hand at the dealership it was a possibly of vehicle ?s computer software needing upgrading when they cleaned the accelerator senor. Today, the vehicle doesn't have the smooth accelerating power. For this vehicle, riding in traffic causes serious problems due lack of power lurching, poor gas mileage or the possible of losing control. No computer test was completed. I change gas station types and various gas treatments, it ?s not the gas. I have driving and working on cars since 1978 from engine, electrical system and brakes. I even noticed when the Highlander is full with gas. The vehicle sometime cough or delay. Is there a lemon law this?.

: the contact stated while driving 65 mph a metal sheet hit the gas tank creating a hole. The vehicle was towed to the dealer where the gas tank was observed to be 3/4 covered in metal and 1/4 covered in plastic. The hole was created in the plastic portion of the gas tank. The dealer determined that the gas tank met the NHTSA fmvss therefore repairs would not be free of charge. The manufacturer was also alerted.