Will Subaru take responsibility for this ‘fatally flawed’ Forester?

By Christopher Elliott | Problem Solved

Q: I’ve been a loyal Subaru customer for 22 years. But I’ve experienced repeated issues with my 2020 Forester. Starting in early 2024, the vehicle had frequent incidents of a drained battery and needed to be towed to the dealer. By the end of the year, it had been towed five times. The car had spent more time at the dealer than with me.

Subaru replaced two parts, but the problem persisted. A few weeks ago, I parked the car and went on a cruise. When I returned, the car wouldn’t start. I got a jump start, and I drove it directly to the dealer, where it remained. I wrote another letter to Subaru, but the company said there was nothing more it could do.

I believe the car is fatally flawed. It has been a great inconvenience and has cost me money in lost income. I’m extremely disappointed that Subaru will not take responsibility for their vehicle or assist me with a replacement on suitable terms. Can you help me? — Anita Smith, Cutler Bay, Fla.

A: Subaru should have taken responsibility for an obviously defective product, especially after you’ve been so loyal for so long.

It looks like you bought an extended warranty that expired last September. What’s the manufacturer’s obligation to you outside that warranty? That can be subjective. A manufacturer has an implied warranty — which is not in any contract — that its vehicle will continue to operate normally even outside the implied warranty that last past the original warranty term. I think Subaru had an obligation to help you, especially considering your loyalty to the company.

You did an excellent job with keeping repair records. You also tried to resolve this yourself and escalated the matter to one of the executive contacts at Subaru that I publish on my consumer advocacy site, Elliott.org.

After the fourth repair, Subaru tried to help by offering you a cash settlement of $3,000, but that would have still left you with a worthless vehicle. I contacted the company on your behalf.  Subaru responded with a better offer. It gave you a choice between a repurchase and buying a new Forester or a repurchase with a replacement with a similar model. As a third option, it offered you $7,500 as long as you signed a nondisclosure and agreed to keep the vehicle.

You are still trying to decide between options 1 and 2. I think those are better choices than driving a defective car.

Christopher Elliott is the founder of Elliott Advocacy (https://elliottadvocacy.org), a nonprofit organization that helps consumers solve their problems. Email him at chris@elliott.org or get help by contacting him at https://elliottadvocacy.org/help/