2012-2018 Forester, 2015-2019 Outback, and 2015-2019 Legacy models
Denis Flierl's picture

A New Second Lawsuit Now Claims Subaru Forester And Outback Can Suddenly Accelerate

There is now a second sudden acceleration lawsuit concerning newer Subaru Forester, Outback, and Legacy models. What should customers do if they have experienced sudden and unintended acceleration?
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Subaru of America is now in a second class-action lawsuit over the "sudden unintended acceleration" of some Forester, Outback, and Legacy models. The first case was filed in a New Jersey federal court against Subaru in May. According to a report from Automotive News (by subscription), this second lawsuit is filed with the U.S. District Court in Southern California on September 4, 2020.

Attorneys are representing two plaintiffs in the lawsuit from the law firm Morgan and Morgan. The vehicles affected by the alleged defects are the 2012-2018 Subaru Forester compact SUV, the 2015-2019 Subaru Outback wagon, and the 2015-2019 Subaru Legacy sedan.

2012-2018 Forester, 2015-2019 Outback, and 2015-2019 Legacy models

In the second case, attorneys said, "Despite receiving hundreds of complaints about sudden acceleration defects, we allege that Subaru failed to disclose and potentially even concealed the defect from consumers and has yet to recall their 2012-2018 Forester, 2015-2019 Outback, and 2015-2019 Legacy models".

According to the court document, the three Subaru models accelerate for no reason, and both plaintiffs claim to have experienced an unintended acceleration in their vehicles. 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.

2012-2018 Forester, 2015-2019 Outback, and 2015-2019 Legacy models

The report says the Subaru models have a computer software flaw preventing the electronic throttle control system from operating correctly. The lawsuit also claims the automaker's brake override system is "faulty and does not work as intended."

Dominick Infante, Director, Corporate Communications, Subaru of America, said in an email to Automotive News, "We believe that drivers are pressing the accelerator pedal instead of the brake pedal by mistake. If an owner is experiencing a problem, we recommend that the vehicle is taken to an authorized Subaru retailer immediately."

Several complaints have been reported with the National Highway Traffic Safety Administration (NHTSA) about speed control issues with some Outback and Forester models. There have also been numerous speed control complaints on Car Complaints and Car Problem Zoo websites about the Forester and Outback models. Subaru said the company is unaware of any confirmed incidents involving the alleged unintended acceleration.

What should customers do if they have experienced sudden and unintended acceleration?

Suppose you own a 2012-2018 Subaru Forester, 2015-2019 Subaru Outback, or 2015-2019 Subaru Legacy and have experienced sudden and unintended acceleration. In that case, you can file a complaint 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 Morgan and Morgan will give you a free case evaluation.

You Might Also Like: It's ironic, but Subaru recently announced a new miss-acceleration device for 2020 Crosstrek and Impreza models. See how it helps if you accidentally hit the gas instead of the brake 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 and the founder of 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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Comments

If my car suddenly accelerates I don't think I'll have time to contact someone about it. What do I do in the moment???
Well since about 99.99999% of "unintended acceleration" is due to driver error, just keep your cell phone out of your face, focus on actually driving a car, and you should be just fine :)
1st stay calm and control your emotions while softly pressing brake pedal to reduce your speed. Pull over when safe to do so and then document speed mileage and actions of vehicle. Report documented items to any and all entities ...i.e. Subaru . Traffic and Highway safety. ...Thats what to do when it happens.
Put it in neutral. Not difficult
Put the car in neutral and brake till your at a complete stop, the car will rev till you turn off the car but at lease you won't die or crash.
This is happening to our 2019 Subaru Forester. When braking it sometimes accelerates for a second.
Our outback does jolt forward, when using the accelerator normally. Much like the ford fusion we had, there's nothing gentle about starting from a stop. And i get it, if your car has a dry clutch, it goes a little less smooth, but they very easily could lower the fly wheel weight, and make it idle a bit leaner, so it won't jolt so much.
The same thing happen to my 2016 forester.
Yup...its more of a sudden acceleration issue rather than an unintended acceleration issue. The accelerator pedal is not easy to modulate....always jerkey.
I bought a 2016 Certified Used Subaru Outback Limited in April of 2019. I have had ZERO issues with it of any kind— including sudden acceleration issues. I’m a proud Subaru owner and pleased as punch with my purchase!
It's real. After periods of hard driving in my then brand new 2016 Outback, the car would launch itself forward while sitting at a red light (think, autobahn style driving, coming off highway). Important to note, the problem was only repeatable by the dealer after I told them to floor it to 100 mph a few times & brake hard), & it only happened while sitting with car in gear & foot on brake immediately afterwards. CVT transmission was replaced under warranty and it never happened again (going on 3+ years now). Still love my Outback.
I found out that dome of these problems when my daughter drives is she wears 5 inch heels and the heel prevents the the foot from going all way down and then she had no braking
I think this is the issue or non-issue with eyesight ... When the car infront moves to next lane, it auto accelerate when you use cruise
Ford had this problem several folks died even happened to secret service......
Is it accelerating when they have the cruise control on? If I am following a car with my cruise on, it is keeping me back the required safe car length distance by slowing my speed. When I change lanes and no cars are in front of me, it speeds back up to my cruise control speed. It does obviously accelerate but that is whatbit is supposed to do. I love my 2015 Forrester.
My new 2020 Outback does this!! Scares me to death!! Is there a fix??
Yes. Its a feature you can turn off. Read the manual. It was given to you for a reason.
Glad I got a Kia Spotaga!
"Defect" is probably caused by EyeSight. Have had 2 newer Subarus with no EyeSight and have had no problems. My only problem is that they sometimes don't accelerate, but I've actually discovered that it was my own error after taking them to the dealer for inspection.
My used 2011 Ford did this when I first got it. I heard the floor mat excuse, the "oh you must of hit the wrong pedal" excuse. But I put a short youtube video up, showing me moving the pedal with 1 finger while in park and the car staying revved up like it was on cruise control. From reading old forums and the failed Ford lawsuit I doubt I am the only one with this problem. I think people focus too much on the dbw throttle body vs. The sensor in the gas pedal itself. I took the gas pedal apart wiped the sensor off, now it works fine. Hopefully when it fails again I'm going slow. Also to note the sensor in the ford pedal kind of looked like a gas tank level sensor, which is also faulty in my car. I bet a lot of these cars when they get older they are going to have issues with acceleration. And it wasn't an obvious problem either, sometimes it would drive normal, other times I let off the gas it wouldn't stop accelerating or I would accelerate like a normal person and it would be like the car floored wide open by itself. Even more dangerous because my car doesn't have the brake override as far as I know. Sorry for the long post but I hope this helps someone and proves the non believers wrong.