I agree. Unfortunately unless the manufacturer identifies your particular vehicle as eligible for the recall fix, you cannot get it fixed that way.
I had a Datsun years ago that had this issue. I would have a problem, take it to the dealer for fixing. There was would no recall or known defect. I'd have to pay for the repair out of pocket. Three to six months later, i'd get the recall notice. But they wouldn't reimburse me for the repair cost because the repair was made before the problem was identified as a defect. Happened about 3 or 4 times before I dumped the car.
There should be a place online where you can report the issue. If enough people with your manufacturing specs report the same problem, it could force them to see it as a continued defect.
But, if the car is a 2008 and the backsplash issue is just coming up, then it could be difficult to try to prove it's a defect and not standard wear and tear.
As old biscuit recommends check the filler hose for sags, etc. It could simply be caused by a strap coming loose.
