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Subaru drivers have asked a federal judge to approve a settlement deal that would end a class action lawsuit alleging that the company knowingly fitted many Subaru cars with defective parts that caused the cars’ engines to fail.
The Subaru class action settlement deal was reached after months of negotiation and mediation between the plaintiffs and the car company, overseen by retired U.S. District Judge Dennis M. Cavanaugh.
The proposed Subaru class action settlement would cover consumers who purchased vehicles manufactured between Oct. 11, 2011 and Nov. 16, 2016, with model years 2012 through 2017 Subaru Impreza WRX and STi vehicles with an EJ-series 2.5-liter turbocharged engine.
Under the Subaru Impreza class action settlement, consumers who purchased the affected vehicles would receive reimbursement for repairs that were out of warranty, but were determined to be required as a result of the faulty parts. They would also receive an extended warranty for eight additional years or 100,00 miles, whichever comes first.
Reportedly, the Subaru engine defect class action settlement would reimburse customers for all out-of-pocket expenses for repairs related to the alleged engine defect that were necessary during the extended warranty.
The Subaru class action settlement covers repairs done by an authorized Subaru dealer, and would compensate consumers who had already sold or traded their vehicles.
Legal counsel for the Class Members expressed approval of the settlement deal, saying that it would provide “significant relief to class members.”
Plaintiffs Vicente Salcedo, Gerald Linden, and Brian Mervin filed the Subaru engine defect class action lawsuit in October 2017.
They claim that cars sold between 2013 and 2015 suffered “catastrophic engine failure” because metal particulates were present in the engine oil lubrication channels and caused the engine to not be sufficiently lubricated. They allege that this occurrence caused the engine bearings to come into contact without lubrication.
The three consumers claim that Subaru knew that the vehicles were subject to the defect, but sold the vehicles nonetheless. They argue that the company did not alert consumers to the defect.
To support their argument that the vehicles possessed a common defect, the consumers noted that many car owners had made complaints about the Subaru vehicles to the National Highway Traffic Safety Administration.
Additionally, Salcedo and the other plaintiffs note that hundreds of vehicle owners have contacted the plaintiffs’ representation about the issue.
Selcedo, Linden, and Mervin argue that Subaru’s failure to notify consumers of the alleged defect violated consumer fraud statutes in California, Michigan, and New Jersey and violated California’s warranty statues.
Additionally, they say that Subaru breached expressed and implied warranty with its consumers, and breached the duty of good faith and fair dealing laid out by the Magnuson-Moss Warranty Act.
Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
The plaintiffs are represented by Matthew D. Schelkopf, Joseph G. Sauder, and Joseph B. Kenney of Sauder Schelkopf LLC, Bruce D. Greenberg of Lite DePalma Greenberg LLC, Gary S. Graifman and Jay I. Brody of Kantrowitz Goldhamer & Graifman PC, and Thomas P. Sobran of Thomas P. Sobran PC.
The Subaru Engine Defect Class Action Lawsuit is Vicente Salcedo, et al. v. Subaru of America Inc., et al., Case No. 1:17-cv-08173, in the U.S. District Court for the District of New Jersey.
UPDATE: March 2019, the Subaru engine failure class action settlement is now open.Click here to file a claim.
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28 thoughts onSubaru, Drivers Reach Engine Failure Class Action Settlement
I have a 2013 Subaru Forester that has had oil consumption problems and I have heard this is a major problem
Subaru even will change oil to check for metal particulate
I check the oil every 500 miles! It will show full most times but often it will not even touch the dipstick this is 2.5 qts low causing rods to knock causing premature wear and this is happening with only 50000 miles on car
Today, again my engine oil light is on in my 2012 Impreza. I have had 3 oil consumption tests which were normal, new sensors put in. The last time, my mechanic told me he had nothing else he could do if the light comes on again. Guess what, it is on. I left a message stating, I want a new engine. Waiting for a call back. I am so over this.
I have a 2009 wrx rod bearing failure at 72000 mile why are they not in as well? Plenty of them out there with premature motor failure.
I have a 2009 wrx rod bearing failure at 72000 mile why are they not in as well? Plenty of them out there with premature motor failure.
Is there anyway to have Subaru recall all vehicles ?
I have a 2013 sti and is this true and if so can I bring it in to a subaru dealer ship to take a look at my engine?
In the last 6 months we had 2 Subaru engines fail. One was a 2009 outback with 129K miles and the other a 2010 legacy with 148K miles. All service was done by certified Subaru mechanics. Outback dashboard lit up like a Christmas tree and lost power. The Legacy had no warning lights. I lost significant power while I was on the highway and it took the dealership 2 weeks to diagnose the engine failure. I’m done with Subaru’s.
I have a 2012 Subaru Outback and two weeks ago while driving on the highway the service engine light, brake light, and another light started to flash and within minutes the entire car started to shake like a roller coaster leaving me stranded on the side of the road. I had the car towed to the dealership I was told two days later that I needed a new engine. I had an extended warranty that expired a month ago, however, four months prior to this event I had experienced a similar situation with dashboard warning lights. I had the car serviced and although I told the technician that the car did not have enough power the dealership had me believe that the problem was the old spark plugs they replaced them and totally ignored the fact that the car decelerates uphill and had difficulty to pick up speed when trying to merge into traffic; during these visits I was still within warranty. The car is currently out of warranty and is in need of an engine. I am frustrated because during my visits to the dealership I had informed them that the car decelerates when going uphill. My car is currently in the shop and Subaru need to take care of this; after reading the above I now know that my car had a defective engine and the dealership was covering up the problem that was the reason why they talked me into buying an extended service plan when I purchased the vehicle.
I just went through this type of engine failure on my 14 WRX hatch but had a third party warranty that covered the issue. How will I be covered/compensated? 5 weeks was a long time to be without a car. And has Subaru addressed this issue with replacement motors like mine?
Why aren’t 08-11’s included in this its the same motor with the same exact problem. My 09 sti had 126,000 miles on it before it cracked a piston ring and eventually spun a bearing.