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A growing number of consumers are reporting having experienced problems with unintended acceleration in certain Subaru models. Some Subaru drivers have even come forward and filed a proposed class action lawsuit against Subaru in New Jersey federal court. The lawsuit alleged that not only did certain Subaru models have an unintended acceleration defect, the automaker also allegedly hid the defect.
If you are experiencing unintended acceleration with your Subaru, you may be able to join a class action lawsuit investigation and pursue compensation.
What Is Unintended Acceleration?
Unintended acceleration is an issue that has been reported in a variety of vehicles, including recently, certain Subaru models. Essentially, unintended acceleration is when all of a sudden, drivers experienced their vehicle began accelerating without input from the driver. This issue has reportedly occurred while driving slowly in parking lots or neighborhoods, or while driving more quickly along city streets.
Consumers have described this unintended acceleration issue as a sudden lurching, surging, or acceleration without warning. Some consumers note that this acceleration occurred even when their foot was on the brake pedal.
Regardless of where it takes place, unintended acceleration is serious issue that could damage property or lead to serious injuries or fatalities of pedestrians or passengers.
Combating unintended acceleration as quickly and calmly as possible is essential: use the brakes, shift to neutral, and turn off the engine as soon as you can. To be safe, pull over to the side of the road and call for help to ensure that this issue doesn’t happen again.
According to the proposed class action lawsuit, Subaru has actually known about the alleged effect since at least 2011.
“Not surprisingly, any class vehicle owners have reported collisions or near-collisions due to the sudden and unexpected acceleration,” the drivers said. The drivers cited the example of two of the plaintiffs involved in the lawsuit, who allegedly experienced this sudden unintended acceleration defect while on the highway, hit a guard rail and flipped, and were hospitalized as a result.
What Has Been Causing the Subaru Acceleration Problems?
According to the recent complaint, the Subaru models affected by the defect have an inadequate fault detection system that can fail to detect foreseeable issues, including this unintended Subaru acceleration problem. Moreover, there are faulty circuit boards in the throttle body assembly and other components, plaintiffs said.
“Finally, the class vehicles’ brake override system malfunctions or otherwise is ineffective to sufficiently override acceleration that the driver does not initiate and cannot control,” the drivers said in their complaint.
The complaint further alleges that Subaru has failed to properly respond to these defect reports, either ignoring the issue completely or placing blame on the drivers themselves.
“Dealers also shift blame to the vehicle operators by telling them that the vehicle’s floor mats may cause the unintended acceleration, often even when the mats are properly secured and in place,” the drivers allege. “This is a common practice in the automotive industry.”
Indeed, one online complaint filed by the owner of a Forester said that after their vehicle accelerated on its own, digging deep depressions in the gravel driveway and moving forward rapidly until it hit a large tree with the motor still racing, causing a badly broken wrist and nearly knocking the driver out, the complaint said. When they went to Subaru with this complaint, the dealer rep told them that “The floor mat was probably on the gas pedal,” the driver said.
According to the lawsuit, Subaru was aware of these defects and the risks they posed to consumers, yet failed to disclose the nature and extent of the defect and even actively concealing it. The lawsuit was filed on May 13, 2020, in the U.S. District Court for the District of New Jersey. The lawsuit was filed on multiple counts, including breach of express and implied warranties, fraud by omission or fraudulent concealment, and violation of certain state consumer protection laws.
This proposed class action lawsuit seeks to represent a Class of people who either bought or leased the affected vehicles across the nation. The lawsuit also hopes to include subclasses specifically geared at drivers in Colorado, New Jersey, Connecticut, and North Carolina under specific warranty and consumer protection laws.
Which Subaru Models Are Experiencing Unintended Acceleration?
Several Subaru models have been reportedly associated with unintended acceleration issues. These models include:
- 2012–2018 Subaru Forester
- 2015–2019 Subaru Outback
- 2015–2019 Subaru Legacy
Should You File a Subaru Lawsuit for Unintended Acceleration?
People who have experienced defects with their vehicles, such as unintended acceleration, often post complaints online. If you have experienced a defect with your vehicle, you can report the defect to the National Highway Traffic Safety Administration (NHTSA) via their website. Over the last half-century, the NHTSA has issued recalls for more than 390 million vehicles for a variety of defects.
More than 200 complaints have been filed over this acceleration defect with the NHTSA, according to the complaint.
Moreover, consumers can also turn to litigation. Consumers have reported issues not just with the unintended acceleration defect, but also with the manufacturer.
Subaru is not the first automaker to come under fire for unintended acceleration issues. Back in 2014, Toyota was ordered to pay $1.2 billion for hiding a similar unintended acceleration issue.
If you have experienced a Subaru unintended acceleration defect with a Forester, Outback, or Legacy from the model years listed above, you may be able to file a lawsuit and pursue compensation.
Filing a lawsuit can be a daunting prospect, especially while dealing with a car defect or accident caused by a defect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.
What Can You Expect from a Subaru Lawsuit Settlement?
Through a Subaru lawsuit settlement, eligible consumers may be able to receive compensation for some of the money they spent trying to get their cars fixed, as well as compensation for a loss of their vehicle’s value.
The Subaru Unintended Acceleration Lawsuit is Case No. 1:20-cv-05876, in the U.S. District Court for the District of New Jersey.
Join a Free Subaru Unintended Acceleration Class Action Lawsuit Investigation
If you have owned or leased 2012–2018 Subaru Forester, a 2015–2019 Subaru Outback, or a 2015–2019 Subaru Legacy that has experienced sudden Subaru unintended acceleration issues, you may be able to join this class action lawsuit investigation and pursue compensation.
This article is not legal advice. It is presented
for informational purposes only.
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13 thoughts onWhich Subaru Models Are Experiencing Unintended Acceleration?
2021 subaru with 7K miles started accelerating while i was braking had to stand on the brake and turn off the car to stop the acceleration… oct 2023
i should also say that the dealership told me that there was nothing they can do about it unless they could replicate the issue… or go talk to salesperson and trade it in… port angeles, wa
My Subaru lunged forward (my foot was on the brake) and I went over the parking curb into an office building.
My Subaru lunged forward (my foot was on the brake) and I went over the parking curb into an office building.
My 2021 Subaru Forester just accelerated into a wall at a rest area in interstate 75 in Kentucky as I was pulling into the slot. I was very tired and perhaps pushed the button on the steering wheel to re-engage the cruise control. I was nearly stopped when suddenly the car accelerated the rest of the way into the parking slot, mounted the curb and slammed into the wall on the other side. The brake petal felt funny and I was distracted checking whether cruise contral had disengaged, so may have pushed the button too many times, perhaps re-engaing it. Acceleration felt similar to that when I change lanes with cruise control on so the proximity sensor no longer has a car in front of it. Just got off the interstate so the speed setting was for interstate speeds. Will try to get computer in car looked at.
I have a 2019 Subaru Ascent and experienced unintended acceleration – only able to stop car by turning off – happened going forward and backwards. Has this happened to any other Ascent owner?
Yes. In a parking lot it accelerated and I hit another parked car. Another time While backing up I hit a building
My 2009 Subaru forester x 2.5 liter I also experienced sudden acceleration and caused me to total my Subaru forester breaks didn’t work wouldn’t let me downshift into a lower gear and I sustained broken ribs and whiplash my airbags also didn’t deploy
My Subaru Forrester had unintended acceleration and hit the front of an office building.
This happened to my wrx 2017. It caught fire while my son was taking it to the dealership service for the 7th time in less than a year. I don’t have an attorney but sounds like I might need one. I’m dealing directly with Subaru of America.
This just happened to me last month on a 2013 outback. I have filed a complaint with Subaru Canada as well as Transport Canada. I would recommend that the class action suit go back to cover outback 2013 as well. At least 11 incidents are reported in the NHTSA database for that year/model.
Definitely me! Even my insurance told me it was my fault and denied my claim. Ugh, been a fight to prove this. I have Gresham Subaru’s vehicle report stating brake light switch on/off and the manufacturer codes c1531 and c1532.. BLS failure! But those are manufacturers codes, so, I know what they mean!!
add me