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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 bought my son a WRX 2012 on Jan 10, 2017, and the engine threw a rod and caught fire while driving home on Jan 31, 2018. I bought the extended warranty, a gap warranty, and it still had the Subaru warranty. All 3 were denied and since it was an “odd” case according to Subaru, they supposedly sent two engineers from Japan out to inspect it. When they found out my son, who at the time was 17, that he caused the failure due to racing. It was a crock of shit. It was middle of winter and we live in the mountains, no way he could race in the snow, and even if he did, his turbo WRX is built for that. We lost our ass on the purchase, down payment, and all the extras he put into it. I have no clue if I will be given a dime in the lawsuit. And no lawyer would touch the case here in Utah.
I am nearly in tears reading these accounts of Subaru’s callousness and total disregard for human life and safety. I am also one of these victims of false reports of Subaru legendary safety and reliability by Consumer Reports magazines and Subaru own statistics. I did my due diligence; researching and eliminating, then including only those vehicles that could be my forever car!
I have been lied to, cheated, blamed, ignored, shuffled around , disrespected, yelled at, isolated, belittled, dismissed and traumatized! Insert every adjectives you all can think of and we’ve experienced it with a “Subaru certified technical specialist!” I paid 40,000.00 cash, literally, CASH…for my brand new ‘forever’ SUV. I purchased a 2015 Subaru Outback V6 Premium Series with 14 miles
Odometer read when I finished test driving! I was in love with her. I still mourn the loss of my security and love in this car. I’m afraid of my Outback! At nearly 3 years and 24, 000 miles, I experienced the most frightening experience in my lifetime.
While on the 215 W freeway here in Las Vegas, traveling in the number one lane, moving 80 miles an hour, in dense traffic, I believe that I escaped death by less than four minutes. I had an angel with me on that day.
Somehow I exited the freeway and onto a surface road, thru a major intersections, ending in a residential area when my Outback had a massive mechanical failure. It was a complete and massive drivetrain siezed up. The wheels had stopped turning, yet the car still had forward momentum making the largest mechanical sound from underneath my car which startled me unbelievably. As it lurched and jerked and then came to a stop I actually believed that I had run over a child on a bicycle that must have dashed out between two parked cars. My Terror was complete with that image in my head. I still live with this image in my head, of a dead child under my car and developed post-traumatic stress disorder (PTSD) from the shock and Terror of this incident . It was astonishing to me that there were no bits parts and pieces hanging from the undercarriage or huge oil slick on the road. The tire tread marks left on the roadway where the length of a residential block. It took two men hours to get the Outback finally skidded on all four tires and winched on to the flatbed tow truck then taken to the only Subaru dealership in Nevada. I was told by both the tow truck driver and other mechanic, that this Subaru should be considered totalled, and never to get behind the wheel of this automobile again! It was far too dangerous and any repairs attempted would never meet a reliable standard for the future of my auto. This is the beginning of the battle with Subaru of Las Vegas. The Event was May 2018. I am just now being offered a tiny settlement of $4,500 by Subaru to ‘The Lemon Law Attorneys’.
I have yet to make a counter. Even in this negotiation Subaru of Las Vegas is not acting in good faith or ethical behavior, in my opinion.
I have a 2011 Subaru Outback with 88,000 miles and cylinder 4 is shot/dead. I need to replace the engine. The warranty ended at 65,000 miles. How can this happen when the car was impeccably maintained? Is my car included in this class action suit? Any advice would be greatly appreciated.
I just brought in my 2013 Subaru Impreza to my Subaru dealership for warranty recall repair on the rocker springs. According to the notice sent to me by Subaru, the job would take 7 hours to replace and fix the recalled springs. I brought my car in on Monday and it’s now Thursday and I’m still waiting for my car! I was NOT offered a loaner as promised by the recall notice. I was also called by Subaru and told that I should have additional work…tune up/spark plugs, fuel system cleaning, etc…all repairs that probably were caused by the defective springs…and they could do those repairs for over $1000!!!
Outrageous!!!
I’m extremely disappointed in Subaru and my dealership. What is the point of making an appointment for repair and then have the dealership take it’s time repairing my car…and not even offering to give me a loaner. And then they have the nerve to try and sell me over $1000 in additional “services” that were probably caused by the defective rocker springs causing increased oil consumption and thus making my car need fuel system and tune up repairs? I feel that should also be covered by the recall repairs.
I so very much agree with what you have said. There had been smaller issues, then problems, all along the way to which ultimately created the drive train failure. Hell, you can’t even get them to say that word! Subaru’s bad reputation is returning tenfold and quickly! I had to do my research and learn fast about automobiles, City / State / Federal laws, learn how to cope with the PTSD in my life, and do all of these while being victimized buy an Out Of Reach Global Corporation.
My Friend, I wish so much that you can make them, make you whole again!
Report and post wherever possible. The attorneys I use I found online.
thelemonlawattorneys.com
Hey everyone I bought a 2015 subaru Wrx sti and it Engine failure with less than 30 days of purchase. While I being the second owner Subaru denied my repairs and was under the 3 year and 36,000 warranty . Found a great lawyer and helped me out with my case. 1 year and 6 months to get my car back on the road now I’m fighting against the dealer for my refund.
does anyone know how to check your vin to see if it qualifies under this class action law suite?
find the vin# on your auto registration.
Goggle… Subaru recalls and start your search for any and all information you can find. It’s hard work.
I wish you GOOD LUCK ?
Yes, I totally agree!! I have a 2013 Forester that I paid cash for and now the engine is failing and burning oil like crazy. I bought the car and have maintained it very well, now I have to check my oil every 2 weeks and get up to 2 qts added. Sometimes it’s only 1 quart. I had no idea about the oil burning issue until now Subaru is trying to make me pay for half of the engine repair on an engine that they knew was failing. I don’t have the money for half of the engine repair when I did nothing wrong/ Subaru has known for a while that the engine was faulty. I am 71 years old and retired, I don’t have the money to help then repair the faulty engine that they sold me. It’s a disgrace totally. I would not recommend a Subaru to anyone. Anita Echikunwoke
My 2013 wrx Impreza’s engine has failed. Please contact me on how to go about getting help to having the repairs done.
Good luck, Ive been trying to get help for several months. I’m going for a lawyer to get advice. There is a big class action against Subaru going on right now!!
Can you please share any information you gain. I just purchased a new motor for my 2013 wrx Impreza through the dealership. 3,100.00 for the motor alone. I am so upset and frustrated that Subaru will take no responsibility for this.
I’m getting mine repaired and it’s costing me $8,200!
I had to replace my 2013 Subaru impreza wrx’s engine also, $8,300 cost in repairs…Now I’m trying to figure out how I’m going to get reimbursed for my expenses.
I had a 2012 Forester that needed an engine at 72,000 miles, this year, I had to take a loan out for 7,000. to make the repairs. Of course they did not all happen at once or I would have just gotten another car. The largest was when I had to purchase a used engine for 3800.00 but the total for the last 10 months has been the 7000.00 plus.
What have I gotten myself into.? This Foresterwas in the service bay for yest another problem, this time they said it was struts and CV boots and I had to make a decision about wahat to do. I am a 66 year old Hospice Social worker and I had to retire ,all of a sudden or get another car. I traded the Forester in and got an Impresa, what have I gotten myself into.
My 2013 Forester just had engine failure at about 70k miles without warning lights. Dealer is giving me a big run around with the warranty. It seems to me that this warranty extension is worthless and Subaru are criminals (not fulfilling their obligation under the class action settlement).