NHTSA Complaint #10497181 — 2009 SUBARU OUTBACK

THE VEHICLE IS A STATION WAGON WITH 5-SPEED MANUAL TRANSMISSION, DRIVEN ONLY BY MY WIFE AND I. WITHIN THE FIRST YEAR, WE EXPERIENCED AN OCCASIONAL PROBLEM WHERE IT WOULD POP OUT OF FIRST GEAR WHEN TRAVELLING AT LOW SPEEDS. I DID NOT REPORT THIS PROBLEM DURING THE 3 YEAR, 30,000 LIMITED WARRANTY PERIOD, BECAUSE IT OCCURRED INFREQUENTLY, AND DID NOT APPEAR TO PRESENT A SAFETY HAZARD. FURTHERMORE, IT'S SUBARU'S POLICY, AS STATED BY THE DEALER MOYER SUBARU, TO NOT ACT UNTIL A PROBLEM CAN BE DEMONSTRATED, AND TO CHARGE THE CUSTOMER IF NO PROBLEM IS FOUND. HOWEVER, THE 5-YEAR, 60,000 MILE POWER TRAIN WARRANTY, AND A SUBARU GOLD PLUS, 7-YEAR, 70,000 MILE WARRANTY, ARE STILL IN EFFECT. WITHIN THE LAST YEAR, THE PROBLEM BECAME MORE FREQUENT, PARTICULARLY WHEN GOING DOWN STEEP GRADES, WHICH IS NECESSARY ON ROADS SLICK FROM RAIN, SNOW OR ICE, OR WHEN THERE IS SOME OTHER HAZARD THAT WARRANTS SLOW SPEED. WHEN THE TRANSMISSION POPS OUT TO NEUTRAL, THERE IS AN ALARMING LOSS OF CONTROL, AND YOU MUST BRAKE HARD TO ARREST THE ACCELERATION, WHICH IS LIKELY TO CAUSE SKIDDING AND SLIDING. I ESTIMATE THIS HAS HAPPENED AT LEAST 6 TIMES IN PAST TWO MONTHS OF WINTER WEATHER. LAST WEEK (1/30/13), I REPORTED THE PROBLEM TO MOYER SUBARU WHO TOLD ME THERE ARE NO RECALLS, AND WOULD NOT DO A ROAD TEST UNLESS I AGREE TO PAY THE COST IF NO PROBLEM IS FOUND. I AM UNWILLING TO DO THAT, SINCE THERE IS NO GUARANTEE WHEN THIS INTERMITTENT PROBLEM WILL OCCUR AGAIN; ONLY THAT IT WILL OCCUR AGAIN AND LIKELY CAUSE A SERIOUS ACCIDENT. INSTEAD, I REPORTED THE PROBLEM ON SUBARU WEBSITE, AND THEY HAVE DOCUMENTED MY COMPLAINT (SR # 1-3193753102), BUT MADE NO OFFER TO INVESTIGATE THE PROBLEM. THE SUBARU IMPREZA OWNER'S GROUP REPORTS SIMILAR PROBLEMS WITH NUMEROUS IMPREZAS, AND SOME OUTBACKS. WE HAD THIS PROBLEM ON A 2002 OUTBACK THAT WAS FIXED UNDER WARRANTY, ONLY AFTER IT PROGRESSED TO HIGHER GEARS.