There is an update in the lawsuit that claims 2012-2018 Subaru Forester, 2015-2019 Subaru Outback, and 2015-2019 Subaru Legacy model year vehicles can suddenly accelerate without warning. A new report from Bloomberg Law (by subscription) says the vehicle's fuel pump causes the Subaru models to accelerate without the driver touching the gas pedal.
The report says Subaru of America (SOA) has failed to get the entire proposed lawsuit dismissed. The U.S. court in New Jersey ruled many of the claims could proceed. A recall for defective fuel pumps by SOA and Subaru Corporation didn't stop the class action lawsuit over vehicle stalling and acceleration problems.
But Judge Joseph H. Rodriguez said the Motor Vehicle Safety Act preempts the consumers' claim that Subaru conducted its recall negligently. The court ruled that many of the thirty-four vehicle owners' claims must be dismissed.
Subaru is among several automakers facing litigation over Denso Corporation's low-pressure fuel pumps used in the Forester, Outback, Legacy, and other models. The lawsuit states Subaru knew about or should have known about the fuel pump defect "after running countless tests and diagnostics throughout production, yet continued to manufacture, market, sell, and lease their vehicles without disclosing the defect to the public."
Several complaints have been reported with the National Highway Traffic Safety Administration (NHTSA) about speed control issues with some Outback and Forester models.
The plaintiffs claim when they take their cars to the Subaru retailer, they are told they cannot find any issue with the vehicles, and the car's computer indicates everything is working and there is nothing they can do to fix it. The Subaru Forester, Outback, and Legacy models share the same 2.5-liter Boxer engine in the model years that allegedly have the same sudden acceleration issues.
The Subaru models also use the same Denso fuel pump that is now allegedly the cause of the sudden and unintended acceleration issues.
What should Forester, Outback, and Legacy owners do?
Have your vehicle updated with the new fuel pump in the current recall campaign. You can check your Subaru recall and VIN lookup here.
If you own a 2012-2018 Subaru Forester, 2015-2019 Subaru Outback, or 2015-2019 Subaru Legacy and have experienced sudden and unintended acceleration, you can report a safety issue with the NHTSA by going to their website or call 1-888-327-4236. Or you can submit your contact information, and an attorney from Berger Montague PC will be in touch to review your case further.
You Might Also Like: Owner Says Subaru Forester Slammed Into A Garage Without Her Touching The Gas Pedal
Denis Flierl has invested over 30 years in the automotive industry in a consulting role working with every major car brand. He is an accredited member of the Rocky Mountain Automotive Press. Check out Subaru Report where he covers all of the Japanese automaker's models. More stories can be found on the Torque News Subaru page. Follow Denis on Facebook, Twitter, and Instagram.
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Photo credit: Subaru USA
Comments
Respectfully it is the cruise
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Respectfully it is the cruise control meganision that is causing sudden acceleration in all makes and models.
Someone must explain to me
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Someone must explain to me how the Low Pressure Fuel Pump causes unintended acceleration? I don't see it,,,,,
Subaru 2010 is also
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Subaru 2010 is also eccellorating especially when I'm in first gear before coming stationary it just revs up. Its disconcerting
l have a 2016 Subaru Outback
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l have a 2016 Subaru Outback 2.51. Recently I had a terrifying sudden acceleration incident. Fortunately there were no people or other vehicles directly in front of me or it could have been really bad. Also I knew enough to turn off the ignition quickly. Nevertheless this incident could have resulted in serious injury.
I went to the Subaru recall link you provided, but they say there is no recall for my car. What should I do now since Subaru seems to be ignoring this problem?
My wife shifted into reverse
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My wife shifted into reverse to back up a steep driveway, but after several feet the car stopped moving rearward, even though she was stepping on the accelerator pedal more. Then she stepped on the brake, stopping the vehicle briefly, then stepped on the accelerator more, without shifting gears. She heard an unusual noise, and then the car moved rapidly forward. She applied the brakes as hard as she could a few times, but the car accelerated forward, going over a 4.7-foot-high cut bank and causing a fractured vertebra and totaling the car.
I experienced 2 incidences of
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I experienced 2 incidences of sudden unexpected acceleration (SUA) in my 2017 Subaru Outback, one leading to an explosive collision. Subaru asked that I sign the EDR (Electronic Data Recorder) release but refused to give me (rightful owner) a copy. With great effort I obtained my own EDR copy. It is near impossible for the consumer to obtain their rightful copy (technologically and cost prohibitive), significant because it stinks of poor transparency and integrity for Subaru to investigate Subaru (see below). Once I obtained my copy, I released the EDR to Subaru and my vehicle was inspected by SOA at our local dealership. For some untold reason, the vehicle would "not to be released to me" at the end of the day but was held for additional time at the dealership. Later, Customer "Advocacy" informed me that the results of the investigation was that the throttle was active 1.5 seconds prior to impact and that it was a case of "pedal misapplication". Because I also had the data I was acutely aware of how SOA most definitely cherry-picked data to match their own narrative. I know for a fact what happened considering all the data, together with the actual facts of this potentially fatal accident. I was pulling straight into the parking spot, yet the EDR MISTAKENLY "thinks" that the car is turning sharply to the right the entire time (EDR shows this and why the PreCollision Braking System was not active). The electronic sensors are being fed ERRONEOUS information. With the steering wheel 'supposedly' at full lock, the power steering pump is told to spin faster to maintain pressure. The computer tries to pick up speed for this and sends an electronic message to open the throttle. The rpms suddenly surge and the vehicle explodes forward leaving only a fraction of a second to react before impact (at which point EDR confirms brake was on). Intermittent failures in electronic sensors do in fact happen as experts know which is what happened here. Incredibly, SOA refused to consider my rebuttal. I am concerned for the safety of other Subaru drivers as well as those in the path of a Subaru SUA incidence. Ignoring this can and will eventually have fatal consequences.
The same sudden acceleration
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In reply to I experienced 2 incidences of by Katie Pecson (not verified)
The same sudden acceleration in a parking space occurred with our new 2023 Subaru Outback. What was the outcome of your claim against Subaru of have you become part of thru Westin class action case?
Hi Katie,
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In reply to I experienced 2 incidences of by Katie Pecson (not verified)
Hi Katie,
How were you able to get a copy? They are refusing to give me a copy and I have not signed the release yet.
Hi Melissa, Sorry for the
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In reply to Hi Katie, by Melissa Scarani (not verified)
Hi Melissa, Sorry for the late reply. I was not notified of a response here, so just noticing it now. Realistically the only ones with the technology and financial means to get the EDR are of course Subaru themselves, and the other are attorneys. I'm not sure where you are with your case. Bottom line is Subaru is "investigating" themselves without oversight since only they generally have access to the data. Beyond frustrating and reeks of poor integrity...
Not only Foresters and…
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Not only Foresters and Outbacks . My nephew owns a 2008 Subaru Impreza that just experienced sudden acceleration with cruise control lights flashing. He managed to get it stopped but thinking this is going to happen again.
Subaru Outback 2014. I…
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In reply to Not only Foresters and… by Art (not verified)
Subaru Outback 2014. I loved that car. BUT one morning, I pulled into a parking space at our community pool. All of a sudden, the engine revved, the car went over a cement block parking marker, crashed through the security fence, sailed through the air and landed in the deep end of the pool. It floated, but water was coming in through the bottom of the doors. A neighbor arrived to help, he pulled the car to the shallow end, and pulled me out through the driver window.
So what do i do about this? My car is earlier than the acceleration class action, yet i seem to have the same issue. I thought it was me, somehow, and i went and bought a 2016 Subaru Outback, covered by the acceleration class act. By the way, I only found out about the class action suit a week ago.
I owned a 2014 Subaru…
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In reply to Not only Foresters and… by Art (not verified)
I owned a 2014 Subaru Outback., not covered in the class action lawsuit. I loved that car, but last summer, I pulled into a parking space at our community pool. All of a sudden, the engine roared and the car ran over the cement block parking marker, crashed through the security fence, sailed through the air and landed in in the deep end of the pool. It floated, but water was coming ion through the bottom of the doors. The water was just above my lap when A neighbor came, pulled the car to the shallow end and pulled me out through the driver window.
I thought it was me. I did not know about the class action suit, until last week. Their stories are like mine.
I had a 2014 Subaru Outback…
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In reply to Not only Foresters and… by Art (not verified)
I had a 2014 Subaru Outback. Loved that car. BUT one day last summer, I pulled into the parking lot of our community pool. All of a sudden, the engine revved, the car moved forward and banged over a cement parking marker, crashed through the security fence. sailed in the air and landed in the deep end of the pool. The doors would not open, and water was coming in through the bottom of the doors. My rescuer pulled the car to the shallow end, and then pulled me out of the driver's window. By the time he got me out, the water had risen above my lap. Car was totaled. I felt totaled,
I only learned about the class action litigation in the past week. So this 2014 is not in the covered class. But guess what, I bought a 2016 that is. What to do?