Subaru, Toyota Class Action Lawsuit: Recall Work Causing Engine Fires

A recent Subaru, Toyota class action lawsuit claims that repairs made to vehicles as part of an engine recall are only making the issue worse.

Toyota and Subaru reportedly recalled around 165,000 vehicles for a safety defect that caused engine stalling.

The recall included 2013 Subaru BRZ, 2013 Toyota Scion FR-S, 2013 Subaru XV Crosstrek, and 2012-14 Subaru Impreza vehicles. The affected vehicles were to be taken in for repairs so that they could resolve the defect.

The original issue reportedly affected the valve springs in the vehicle engines. These springs can reportedly fracture which causes the engine to malfunction and can allegedly result in stalling.

Subaru and Toyota allegedly conceded that this defect can “increase the risk of a crash.” To repair the defective springs, a Subaru Toyota recall order directed dealerships to replace the springs with “new ones of an improved design.”

Although the repairs were intended to resolve the problem, repaired vehicles allegedly experience even more issues and are prone to further hazards.

Plaintiff Cristian Nunez recently filed a class action lawsuit against Toyota and Subaru, claiming that the companies negligently put consumers at risk.

“Unfortunately, and upon information and belief, the Recall Work is not remedying the hazard, but instead, is increasing the risk of valve spring and/or other engine malfunction, is causing catastrophic engine damage to the Class Vehicles and is increasing the risk of vehicle crashes caused by vehicles suddenly stalling while being driven,” the Subaru Toyota class action claims.

In some cases, the repaired vehicles reportedly burst into flames. The Subaru Toyota class action features a shocking photo of one of the affected vehicles charred and destroyed in the aftermath of a crash.

Nunez says he experienced the issue with his own 2013 Toyota Scion. He allegedly took his vehicle in for recall repairs in August 2019. Only a week later, Nunez reportedly heard knocking from the engine followed by complete engine failure, allegedly leaving him stranded on the side of the road.

When he took his vehicle in to the dealership, the mechanics reportedly found metal shavings in the engine and concluded falsely that Nunez “must have caused these issues when performing prior engine work himself.”

“This was in spite of the fact that (1) Plaintiff informed the technicians that he did not, and had not, performed any work on his own vehicle; and (2) these metal shavings were not present when the same dealership performed the Recall Work on Plaintiff’s car one week prior to these events,” the Subaru, Toyota class action argues.

To fix the issue, Nunez was told he would need to pay $6,500 out-of-pocket to replace his engine. After a week and a half with no contact from the dealership, Nunez was reportedly told that he would be forced to pay $1,500 to have a Toyota representative travel to inspect the car or he would need to pay to have the vehicle towed and return his loaner vehicle after paying for its usage.

Nunez claims that he and other consumers are being wrongfully slapped with extreme costs due to the fact that the Subaru and Toyota repairs caused further issues.

In his Subaru, Toyota class action, Nunez seeks to represent a Class of consumers who purchased or leased a Class vehicle, had recall repairs done, and suffered engine failure afterwards. He also seeks to represent a Class of the same consumers from Texas.

Do you own any of the vehicles recalled due to engine stalling that were named in the Subaru, Toyota class action? Share your experiences in the comment section below.

Nunez and the proposed Class are represented by Katrina Carroll, Edwin J. Kilpela Jr., and James P. McGraw III of Carlson Lynch LLP; Peter A. Muhic of Levan Law Group LLC; Jonathan M. Jagher, Kimberly A. Justice, William H. London, and Douglas A. Millen of Freed Kanner London & Millen LLC; David P. McLafferty of McLafferty Law Firm PC; and Richard R. Gordon of Gordon Law Office Ltd.

The Subaru, Toyota Engine Stalling Defect Recall Class Action Lawsuit is Nunez v. Subaru of America Inc., et al., Case No. 1:19-cv-18303, in the U.S. District Court for the District of New Jersey.

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