Subaru lemon law in California: CVT and fuel pump recalls, cases and deadlines

If your Ascent, Outback, Forester, Crosstrek, Legacy, Impreza or Solterra keeps returning to the dealer for the same defect, the Subaru lemon law California buyers rely on is the Song-Beverly Consumer Warranty Act. When a manufacturer and its dealers cannot fix a defect covered by the factory warranty after a reasonable number of attempts, the manufacturer must buy the vehicle back or replace it.

Subaru claims differ from most other brands in two ways. Subaru does not have a state-certified arbitration program in California, according to the Department of Consumer Affairs, and Subaru has been reported among the manufacturers that opted in to the new lemon law procedures that began in 2025. Both affect how a claim is built and how fast you need to move. This guide covers those points, Subaru's warranty, documented recalls with NHTSA campaign numbers and reported cases. It is general information as of October 2026, not legal advice, and it does not suggest that Subaru vehicles are generally defective.

How the lemon law applies to a Subaru

Under Civil Code § 1793.2(d)(2), if the manufacturer or its dealers cannot conform a new vehicle to the express warranty after a reasonable number of attempts, the manufacturer must promptly replace the vehicle or make restitution, and the buyer chooses. Restitution covers the price paid, collateral charges such as tax and registration, and incidental damages, less an offset for use before the first repair visit for the defect (§ 1793.2(d)(2)(C)). Our lemon law buyback calculator runs that formula.

Civil Code § 1793.22(b), the Tanner Act, creates a presumption within 18 months of delivery or 18,000 miles, whichever comes first, if any of these happened:

• a defect likely to cause death or serious bodily injury was subject to repair two or more times, and you directly notified the manufacturer at least once, if the warranty or owner's manual clearly required that notice;
• the same defect was subject to repair four or more times, with the same notice condition; or
• the vehicle was out of service for repairs more than 30 cumulative days since delivery.

The presumption is a shortcut, not the only route. A vehicle can qualify with fewer visits, or with repairs after 18 months, if the number of attempts was reasonable. A buyer who prevails recovers attorney's fees and costs, and a court can add a civil penalty of up to two times actual damages for a willful violation (Civil Code § 1794).

Subaru warranty terms

Subaru's 2024 warranty page says basic coverage "is 3 years or 36,000 miles, whichever comes first," and powertrain coverage for all models "is 5 years or 60,000 miles, whichever comes first." Subaru's 2022 warranty and maintenance booklet lists 8 years or 100,000 miles for the plug-in hybrid system, and 10 years or 150,000 miles for the lithium-ion hybrid battery on California-certified hybrid models, while stating that normal, gradual loss of battery capacity is not covered. Terms change by model and year, so check the booklet for your vehicle, including the Solterra's separate electric-vehicle coverage, and ask the dealer to print your VIN's warranty start date.

The same booklet describes Subaru's escalation path: the retailer's service manager, then the retailer's general manager or owner, then Subaru of America's Customer Advocacy Department at 1-800-SUBARU3 (1-800-782-2783), One Subaru Drive, Camden, NJ 08103-9800. It does not describe a binding arbitration agreement in the sections we reviewed, but read the booklet that came with your car.

Subaru has no state-certified arbitration program in California

A June 2025 Department of Consumer Affairs notice lists Subaru among the manufacturers that "do not have state-certified arbitration programs in California." That matters in two ways.

• No program to go through first. Under Civil Code § 1793.22(c), a buyer must use a manufacturer's qualified dispute program before relying on the Tanner Act presumption only when the manufacturer maintains one and gave proper written notice of it. Without a certified program, that step does not apply.
• Direct notice still matters. Read your owner's manual and warranty booklet for any instruction to notify Subaru directly. If either clearly requires it, the two-attempt and four-attempt presumptions depend on it. A short dated letter to Customer Advocacy describing the unrepaired defect is easy to send and hard to regret.

Program status can change. Our guide to lemon law arbitration versus a lawsuit explains the choices if a program is offered later.

Subaru recalls you should know

A recall alone does not make a vehicle a lemon, and a completed recall is not automatically a failed repair. But a recall that matches your symptom can explain your repair history, and a recall repair that does not fix the problem can become part of your claim. This is a selection from NHTSA's database, not a complete list. Check your VIN at nhtsa.gov/recalls.

Loss of drive power, stalling, fire risk and a wheel that can come off are the kinds of problems that can bring the two-attempt safety rule into play. If your Ascent's CVT was inspected under 21V-955 and not replaced, ask for a printout of the result, and say so on the next repair order if the symptom returns. Our guide to transmission problems and the lemon law explains how CVT claims are documented.

Reported cases involving Subaru

Most lemon law claims settle privately. These are reported rulings and class settlements in cases handled by other lawyers. They are not LaCour results.

Smalley is a practical warning. A settlement offer made under § 998 can shift costs if a jury later awards less, which is why an offer should be weighed with a lawyer and not ignored. For context, the CALPIRG Education Fund's Auto Lemon Index counted 330 California lemon lawsuits against Subaru of America from 2018 through 2021, about one for every 880 new vehicles registered, 15th of the 19 manufacturers studied. See our page on the most-sued car brands in California. Lawsuit counts reflect many factors and do not show that any vehicle is defective. Every case is different. Past results, including those listed here, do not predict the outcome of any other case.

Building your Subaru repair record

• Get a repair order at every visit with your complaint, the mileage in and out, and what was done. If the dealer could not reproduce the problem, ask that it say so.
• Describe the symptom the same way each time ("shudders and loses power accelerating from a stop," "battery dead after sitting overnight"), so the visits read as repeat attempts on one defect.
• Record intermittent problems. A short dated video of a warning light, a hesitation or a dead battery helps when the dealer cannot duplicate it.
• Keep recall letters and recall invoices, including any CVT inspection printout.
• Write to Subaru's Customer Advocacy Department and keep the letter, proof of mailing and any case number.
• Track days out of service and keep towing and rental receipts.

Deadlines and the 2025 rules for Subaru

Subaru has been reported among the manufacturers that opted in to the procedures created by AB 1755 and SB 26, by a California lemon law firm in May 2025 and by Consumers for Auto Reliability and Safety in February 2026. Confirm it on the Department of Consumer Affairs list, which can change each year.

For opted-in manufacturers, a lawsuit generally must be filed within one year after the express warranty expires and no more than six years after the vehicle was first delivered, with time added while the vehicle is in the shop for the defect (Code of Civil Procedure § 871.21). To seek a civil penalty, you must send a written demand at least 30 days before suing, and the manufacturer can avoid the penalty by offering a buyback or replacement within 30 days and completing it within 60 days (§ 871.24). With a three-year basic warranty, the one-year clock can run out sooner than many owners expect. Our guide to the 2025 lemon law changes under AB 1755 explains the rest.

How LaCour handles Subaru lemon law claims

LaCour Trial Lawyers handles California lemon law claims statewide, in English and Spanish, with trial counsel leading each case. When a claim succeeds, the manufacturer pays the buyer's attorney's fees and costs. Send your repair orders for a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.