NHTSA Complaint #11713281 — 2019 SUBARU ASCENT

I leased a 2019 Subaru Ascent (VIN: [XXX] ), which is equipped with the EyeSight driver-assist system. In the Spring of 2019, while driving in a parking lot at night with low visibility and snow, the vehicle struck a pole. Despite the imminent collision, the EyeSight system failed to engage Pre-Collision Braking or provide any audible/visual warning to alert me of the obstacle. The system did not disengage or indicate it was unavailable due to weather; it simply failed to function, resulting in a collision. Following this incident, I immediately contacted Subaru of America to report the failure. At that time, Subaru representatives denied any defect existed and stated the system was not at fault. I have recently learned that this vehicle is part of the [XXX], et al. v. Subaru of America, Inc. class action 9[XXX]), which addresses defects in the Pre-Collision Braking and Lane Keep Assist systems. Crucially, I was never notified of this class action or the associated defect by Subaru. I received no mail, email, or other communication alerting me to this safety risk or my eligibility for repair/reimbursement. I only discovered this information via a third-party news source after the settlement claim deadline of September 27, 2025, had passed. Upon contacting the Settlement Administrator and Subaru of America in January 2026, I was told that because the administrative deadline has passed, no remedy is available. Subaru is effectively refusing to address a known safety defect on a confirmed affected VIN solely due to a missed deadline that I was never informed of. I am filing this complaint to document the failure of the EyeSight system and Subaru’s failure to properly notify lessees/owners of known safety defects. INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6)