in this case
- A look at how a loyal, 22-year Subaru customer was abandoned by the company when her 2020 Forester became “fatally flawed.”
- An exploration of a carmaker’s “implied warranty” and why their responsibility doesn’t always end when the written warranty does.
- Find out what it took to get Subaru to finally take responsibility for a car that spent more time in the repair shop than on the road.
Despite repeated repairs, Anita Smith’s 2020 Subaru Forester won’t start and is “fatally flawed.” Why won’t Subaru help her get it fixed?
Question
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. 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.
How much does customer loyalty matter to a big company? Should a carmaker’s responsibility for a defective vehicle end when the warranty expires, or is there an “implied warranty” to deliver a product that works?
And what would you have done in this situation?
Share your thoughts in the comments.
Answer
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.
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.
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. (Related: She just needs the extra key to her new Subaru. Where is it?)
Read more insightful reader feedback. See all comments.
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
Your car has a serious defect?
Here’s your action plan
1. Create a flawless paper trail
Document every single interaction. Keep all repair orders, emails, and notes from phone calls, including dates, times, and the names of people you spoke with.
2. Understand your rights
Research your state’s “Lemon Laws” to see if your car qualifies. Also, understand the concept of an “implied warranty”—that a product should work as expected.
3. Go up the chain of command
Start with the service manager at your dealership. If you get nowhere, escalate your complaint in writing to the corporate customer service department.
4. Contact the executives
If corporate customer service fails you, send a short, polite, and detailed email to the company’s executives. This is often the final step that gets a resolution.
Need to contact Subaru?
We publish the names, numbers, and email addresses of the customer service executives. Get Subaru contacts
